#RSHYR: Jury rules that the protest against WILD OATS XI is invalid; congrats to the WOXI team, who
HOBART, TASMANIA, AUS (#1160) – The International Jury has ruled that the Race Committee's protest against WILD OATS XI was invalid under Racing Rule 60.2(a) and the "Conflict of Interest" Definition in the Racing Rules of Sailing ("RRS"), and, therefore, the protest was not heard. Full text of the decision:
Rolex Sydney Hobart Yacht Race 2018 Hearing # 1 Decision of International Jury Date of Hearing: 29 December 2018 at 1300 Date of Incident: 26 December 2018 — 28 December 2018 Protestor: Race Committee Represented by David Jordan Protestee: Wild Oats Xl Represented by Glenn Bourke and Stephen Quigley Witness(es): Nil. Translator(s): Not Applicable. Validity: Invalid
Facts Found: Facts on Validity 1. Black Jack and Wild Oats Xl both competed in the Rolex Sydney Hobart Yacht Race 2018 (the Race). 2. Shortly after finishing, the owner of Black Jack submitted a report to the Race Committee alleging that Wild Oats Xl's AIS "had not transmitted throughout" the Race. 3. Prior to the report, the Race Committee had "no knowledge of an issue" with Wild Oats Xl's AIS. 4. As a result of receiving the report, the Race Committee conducted an investigation into AIS tracking records in respect of Wild Oats Xl. The Race Committee obtained evidence from its own investigation that Wild Oats Xl may have breached Sl 11.4 and therefore submitted the protest.
Diagram: Not Applicable.
Conclusions: Conclusion on Validity 1. The Race Committee's investigation and subsequent protest arose from the report from the owner of Black Jack, a competitor in the Race and therefore a person with a conflict of interest within the meaning of the RRS. 2. The Race Committee's investigation was prudent, however in these circumstances, for the protest to be valid under the Racing Rules of Sailing, a competitor with information about a potential rule breach must lodge the protest.
Rules that Apply: RRS60.2(a), Definitions - Conflict of Interest
Decision: Protest Invalid
International Jury: Russell Green, Peter Scheuerl, Jamie Sutherland, David Tillett, Rosemary Collins
We broke this news before the protest decision (above) was released, via a TFE LIVE "pop-up" on our Sailing Illustrated Facebook page. Watch a replay here, along with the dozens of comments, pro and con, posted by our viewers/readers in reaction to the news.