protest no. 79 event: race: swe rc/oa - vento...

Protest No. 79

Event: Star - Men

Race: 11

Protestor: SWE

Protestee: RC/OA

Protest details: Request for redress

Facts found:

Conclusion:

Rule(s) applicable:

Decision:

This request for redress is invalid according to rule Q5.3. However, under rule Q5.3, the

International Jury has reviewed the following information about the finish position of SWE: -

The finishing positions recorded by the race officers at both ends of the finishing line. - A

video taken from a helicopter showing the finish. - A video taken across the finishing line. -

The Omega GPS tracking system recording the positions of all boats. Based on this

information, the International Jury is satisfied that the Race Committee did not make an error

in scoring SWE 10th in the medal race. Therefore the International Jury will not consider to

give redress under rule Q5.3.

Short decision:

Request invalid

Jury:

John Doerr, Marianne Middelthon, Jan Stage, David Tillett, Bernard Bonneau, Bill O'Hara

Protest No. 78

Event: Tornado - Open

Race: 9

Protestor: FRA

Protestee: OA

Protest details: RRS 62.10

Facts found:

FRA crossed the starting line on port tack close to the race committee signal boat. 3 Media

boats were positioned on the layline less than 10 boat-lengths from the race committee signal

boat. The 3 Media boats caused FRA to bear off slightly to avoid contact as she passed

between them.

Conclusion:

There was an improper action by the Media boats that are under control of the OA. However,

the jury is not satisfied that the finishing position of FRA was made significantly worse

directly by this action.

Rule(s) applicable:

RRS 62.1(a)

Decision:

Request for redress is denied.

Short decision:


Jury:

John Doerr, Mats Bjorklund, Josje Hofland, Marianne Middelthon, Sofia Truchanowicz

Protest No. 77

Event: RS:X - Women

Race: 11

Protestor: ESP

Protestee: UMPIRES/GBR

Protest details: Non-action by umpires

Facts found:

Hearing conducted under Addendum Q 5.5. Part 2 incident occurred at Mark 1 between GBR

and ESP. ESP protested on the water and claimed no umpire signaled a decision.

Conclusion:

Rule(s) applicable:

Rule application Q 5.1,5.5.

Decision:

protest is invalid under Q 5.1. A boat may not take proceedings in relation to any action or

non-action by an umpire.

Short decision:

protest dismissed as invalid.

Jury:

David Tillett(AUS),Josje Hofland(NED),Rut Subniran(THA),ZofiaTruchanowicz(POL)

Protest No. 76

Event: Star - Men

Race: Protestor: JURY

Protestee: IRL

Protest details: Measurement Reg. 9(d)

Facts found:

No racing on 19 August.

Conclusion:

Rule(s) applicable:

Decision:

Protest withdrawn.

Short decision:

Protest withdrawn.

Jury:

Protest No. 75

Event: 49er - Open

Race: 16

Protestor: ESP/ ITA

Protestee: JURY

Protest details:

Facts found:

The jury accepted a written request that ITA would be represented by Mr. Jordi Lamarca of

Spain. The jury considered the request for redress by ESP and ITA. The request was

submitted under RRS 62.1(a). Addendum Q 5.3 specifically excludes a request for redress by

a boat under RRS 62.1(a).

Conclusion:

The jury concludes that the request for redress is invalid. As Addendum Q 5.3 would permit

the jury to consider giving redress under that rule if it believes that an error may have been

made, the jury considered the two rules quoted in the request that were not specifically

mentioned in the decision of Cases 66/68. With regard to SI 7, this sailing instruction does not

address replacement of equipment. The jury has reviewed Class Rule C2 and found nothing to

cause the jury to believe it made an error. Further, the jury reviewed the entire decision and is

satisfied that no error has been made.

Rule(s) applicable:

SI Addendum Q 5.3, SI 7, Class Rule C2

Decision:

Redress denied. The Jury will take no further action.

Short decision:

Redress denied. Jury will take no further action.

Jury:

John Doerr (chair), David Tillett, Josje Hofland, Marianne Middelthon, Takao Otani

Protest No. 74

Event: RS:X - Men

Race: 8

Protestor: UKR

Protestee: JPN

Protest details: N12

Facts found:

UKR on starboard and JPN on port approached the leeward mark with JPN on the layline.

UKR gybed to port. Soon afterwards JPN established an overlap to windward and there was

contact between the two boards. The two boards were approximately 5 seconds from the mark.

The contact continued until UKR hit the mark. JPN luffed and slowed down. Neither boat did

a penalty turn.

Conclusion:

JPN failed to keep clear as a windward boat. UKR did not make every attempt to give JPN

room at the mark. JPN broke rule 11 and UKR broke rule 18.2(a)

Rule(s) applicable:

RRS 11 and 18.2(a)

Decision:

JPN and UKR are disqualified from race 8.

Short decision:

JPN and UKR are disqualified from race 8.

Jury:

Jack Lloyd, Mats Bjorklund, John Doerr, Kamen Fillyov, Oleg Ilyin

Protest No. 73

Event: RS:X - Men

Race: 8

Protestor: JPN

Protestee: UKR

Protest details: RRS 18.2(a)

Facts found:

JPN did not inform the race immediately after finishing that she was intending to protest UKR.

Conclusion:

JPN protest is invalid

Rule(s) applicable:

RRS B7.1(a)

Decision:

JPN protest is invalid.

Short decision:

JPN protest is invalid.

Jury:

Jack Lloyd, Mats Bjorklund, John Doerr, Kamen Fillyov, Oleg Ilyin

Protest No. 72

Event: Laser - Men

Race: 8

Protestor: SUI

Protestee: USA

Protest details: RRS 13, RRS 16.2

Facts found:

USA on starboard and SUI on port sailing on the first upwind of race 8. USA tacked to port in

front of SUI. SUI bore away to avoid collision before USA completed his tack No contact

occurred No boat took a penalty turns

Conclusion:

USA failed to keep clear as a tacking boat

Rule(s) applicable:

RRS 13

Decision:

SUI protest upheld. USA to be scored DSQ in race 8

Short decision:

USA to be scored DSQ in race 8

Jury:

Jan Stage, Ronnie McCracken, Miguel Allen, Nelson Horn Ilha, Sofia Truchanowicz

Protest No. 71


Race: 7

Protestor: BEL

Protestee: RC

Protest details: RRS62.1

Facts found:

BEL(Tornado) approaching the 1st bottom gate in 5th place 6-8 Stars were rounding the gate

with lesser speed in front of BEL BEL had to stop her boat to avoid contact with the Stars

BEL rounded the next mark in 13th place Race committee used the same timing in between

starts in race 7 as they had in previous races Width of the gate was 70 meters

Conclusion:

There was no improper action or omission of the race committee

Rule(s) applicable:

RRS 62.1(a

Decision:

Redress Denied.

Short decision:

Redress Denied.

Jury:

Pat Healy(Chairman), Bernard Bonneau, Quanhai Li, Takao Otani, Rut Subniran

Protest No. 70

Event: Star - Men

Race: 6

Protestor: SUI

Protestee: AUT


Facts found:

AUT and SUI approach the starboard gate mark on starboard; When AUT enters the two boat

lengths zone AUT is clear ahead of SUI; AUT sails to round the mark very close to it; SUI

bears away and passes behind AUT, rounding the mark clear astern of her; No contact

occurred; None of the boats made penalty turns.

Conclusion:

SUI, clear astern of AUT, fulfilled his obligation of keeping clear of AUT while she was

rounding the mark, as required by RRS 18.2(c). None of the parties infringed a rule during

this incident.

Rule(s) applicable:

RRS 18.2(c)

Decision:

SUI Protest is dismissed

Short decision:

SUI Protest is dismissed

Jury:

Bill O’Hara (Chairman), John MacCall, Bo Samuelsson, Ana Maria Sanchez, Eric Tulla.

Protest No. 69

Event: Laser Radial - Women

Race: 8

Protestor: ARG

Protestee: JURY

Protest details: P3

Facts found:

Before the starting signal ARG was penalized under P1. After the start the race committee

signaled a general recall. After the general recall ARG approached the jury boat to ask about

the penalty. ARG told the jury it was her second penalty under P1. ARG sailed away from the

jury boat and did not race when race 8 was restarted.

Conclusion:

There was no improper action or omission of the members of the protest committee.

Rule(s) applicable:

RRS 62.1(a)

Decision:

Request for redress denied.

Short decision:


Jury:

Jack Lloyd, Mats Bjorklund, Miguel Allen, Nelson Horn Ilha, Sofia Truchanowicz

Protest No. 68

Event: 49er - Open

Race: 16

Protestor: ESP

Protestee: DEN

Protest details:

Facts found:

Conclusion:

Rule(s) applicable:

Decision:

Refer to protest 66

Short decision:

Jury:

Protest No. 67

Event: 49er - Open

Race: 16

Protestor: USA

Protestee: RC

Protest details:

Facts found:

USA’s request for redress was based on an alleged improper action of the Race Committee.

Addendum Q 5.3 states that a boat may not request redress under RRS 62.1(a).

Conclusion:

USA’s request for redress under RRS 62.1(a) was invalid. The International Jury heard no

evidence that made it decide to consider giving redress under RRS 62.1(a).

Rule(s) applicable:

RRS 62.1(a), Q5.3.

Decision:

Request for redress was invalid.

Short decision:

Request for redress was invalid.

Jury:

John Doerr, David Tillett, Josje Hofland, Takao Otani, Marianne Middelthon

Protest No. 66

Event: 49er - Open

Race: 16

Protestor: RC

Protestee: DEN

Protest details:

Facts found:

Protest 66 RC v DEN and Protest 68 ESP v DEN were heard together and under Medal Race

Sailing Instruction Addendum Q 5.5(b). Sailing to the start, DEN capsized and broke her mast.

This resulted in significant damage including the mainsail, gennaker and mast step. DEN

returned to shore. It was not possible for DEN to repair the damage in the time available and

DEN arranged with CRO to use the CRO boat. DEN, through their coach, at the first

reasonable opportunity notified the Race Committee of the replacement 15 minutes before the

warning signal. DEN sailed to the start, started 3 minutes 57 seconds after the starting signal

and completed the race. The race was conducted in winds close to the upper limits for 49er

racing and in very difficult wave and tidal conditions. Every boat capsized at some stage

during the race and two boats failed to finish inside the time limit. As soon as practical after

coming ashore DEN submitted a written request to the Olympic Measurement Committee

(OMC) for the replacement boat and presented the boat for inspection. The boat was

thereafter subject to checks for compliance with the class rules and all other checks carried

out on other boats during quarantine. The request for replacement was then approved by OMC

in accordance with SI 21.2. The replacement boat sailed by the DEN competitors did not have

the identifications required by the Notice of Race and Sailing Instructions on its sails. It did

not carry a camera as required by the Organising Authority. It was not subjected to quarantine

procedure as required by Measurement Regulation 13.

Conclusion:

DEN, as a boat assigned to compete in the medal race, was required by SI 19.7 to make a

genuine effort to start, sail the course and finish. The OMC approved the replacement of the

boat and found that it complied with class rules and all equipment inspections carried out in

the Medal Race Quarantine Procedures. DEN complied with SI 21.2 and 21.3. The basis for

the protest under MR 12.4 ceased to exist when the OMC approved the request. SI 2

(Additional Identification), SI 3 (Cameras) and MR 13 (Medal Race Quarantine Procedures)

are subject to discretionary penalties (SI 18.7, MR 13.7). DEN did not gain a competitive

advantage by failing to carry the camera (in the prevailing conditions), by failing to carry the

correct identification, or by sailing a boat that had not been subjected to the Medal Race

Quarantine Procedure at the required time. SI 2, 3 and 21, and MR 13 are not subject to

protests by boats (SI 18.7 and MR 13.7).

Rule(s) applicable:

SI 19.7, MR 13, NoR 3, SI 2, 3, 18.7, 21.2 and 21.3.

Decision:

The protest by the RC is dismissed.The protest by ESP under SI 21.2 and SI 21.3 is invalid.

No discretionary penalties imposed.

Short decision:

The protest by ESP under SI 21.2 and SI 21.3 is invalid. The protest by the RC is dismissed.

No discretionary penalties imposed.

Jury:

John Doerr (chair), David Tillett, Marianne Middelthon, Takao Otani, Josje Hofland

Protest No. 65

Event: Star - Men

Race: 4

Protestor: USA

Protestee: RC

Protest details: RRS62.1(a)

Facts found:

Refer to protest 63

Conclusion:

Refer to protest 63

Rule(s) applicable:

Refer to protest 63

Decision:

Refer to protest 63

Short decision:

Refer to protest 63

Jury:

Refer to protest 63

Protest No. 64

Event: Star - Men

Race: 4

Protestor: GBR

Protestee: Protest details: RRS62.1(a)

Facts found:

Refer to protest 63

Conclusion:

Refer to protest 63

Rule(s) applicable:

Refer to protest 63

Decision:

Refer to protest 63

Short decision:

Refer to protest 63

Jury:

Refer to protest 63

Protest No. 63

Event: Star - Men

Race: 4

Protestor: GBR

Protestee:

Protest details:

Facts found:

Protest heard together with 64 and 65. The gate marks were set to windward of the starting

line. The left hand mark of the gate, looking upwind, drifted. The right hand side mark of the

gate, looking upwind, did not drift. All of the boats rounded the right hand mark of the gate.

Conclusion:

The drifting of the left hand mark was an error by the RC. The relative positions of the boats

were not significantly worsened by this error.

Rule(s) applicable:

RRS 62.1 (a)

Decision:

Redress denied

Short decision:

Redress denied

Jury:

Bill O’Hara, Miguel Allen, Nelson Horn Ilha, Quanhai Li, Jan Stage, Eric Tulla.

Protest No. 62

Event: Star - Men

Race: 4

Protestor: POR

Protestee: RC

Protest details:

Facts found:

POR was the closest boat to the RC at the moment of the start. POR was identified by the RC

as OCS at the starting signal. RC signaled POR as OCS at the top mark. POR left the course.

Conclusion:

No error or omission was made by the Race Committee

Rule(s) applicable:

RRS 62.1 (a)

Decision:

Redress denied

Short decision:

Redress denied

Jury:

Bill O’Hara, Nelson Horn Ilha, Quanhai Li, Jan Stage, Eric Tulla.

Protest No. 61

Event: RS:X - Women

Race: 7

Protestor: MEX

Protestee: HUN

Protest details:

Facts found:

MEX was not present and the jury proceeded RRS 63.3(b) HUN was not informed of the

protest by MEX

Conclusion:

Protest is not valid

Rule(s) applicable:

RRS 61.1(a)

Decision:

MEX protest is invalid

Short decision:

MEX protest is invalid

Jury:

Bo Samuelsson, Sally Burnett, Nelson Horn Ilha, Totos Theodossiou, Eric Tulla,

Protest No. 60

Event: RS:X - Men

Race: 7

Protestor: ISR

Protestee: GRE

Protest details:

Facts found:

Case 60 heard together with 59. ISR approaches mark 1 on starboard; GRE and GBR

approach mark 1 on collision course with ISR, GBR overlapped to windward of GRE and

slightly ahead; ISR bears away to pass behind GBR, nevertheless contact with no damage

occurs between GBR and ISR; GRE bears away and passes astern of ISR; No contact occurs

between ISR and GRE; GBR takes a penalty turn.

Conclusion:

No rule was broken by GRE GBR broke RRS 10 but exonerated herself

Rule(s) applicable:

RRS 10; 44.4(b)

Decision:

Protest dismissed

Short decision:

Protest dismissed

Jury:

Kamen Fillyov (Chairman), Mats Bjorklund, , Oleg Ilyin, Ana Maria Sanchez, Rut Subniran.

Protest No. 59

Event: RS:X - Men

Race: 7

Protestor: ISR

Protestee: Protest details: 62.1(e)

Facts found:

Caes 59 & 60 ISR approaches mark 1 on starboard; GRE and GBR approach mark 1 on

collision course with ISR, GBR overlapped to windward of GRE and slightly ahead; ISR

bears away to pass behind GBR, nevertheless contact with no damage occurs between GBR

and ISR; GRE bears away and passes astern of ISR; No contact occurs between ISR and

GRE; GBR takes a penalty turn.

Conclusion:

No rule was broken by GRE; GBR broke RRS 10 but exonerated herself.

Rule(s) applicable:

RRS 10; B7.2, 44.4 (b)

Decision:

Redress not granted.

Short decision:

Redress not granted.

Jury:

Kamen Fillyov (Chairman), Mats Bjorklund, , Oleg Ilyin, Ana Maria Sanchez, Rut Subniran.

Protest No. 58

Event: Yngling - Women

Race: 11

Protestor: JURY

Protestee: AUS

Protest details: Measurement protest in Medal Race

Facts found:

Jury received a report from the measurement committee that one crew member of AUS did

not weigh in before racing in the medal race on 17 August. This was admitted by AUS at the

hearing.

Conclusion:

AUS did not comply with Measurement Regulation 10.8

Rule(s) applicable:

MR 10.8 and RRS 64.1(a).

Decision:

AUS is disqualified in medal race.

Short decision:

AUS DSQ medal race.

Jury:

David Tillett, Bernard Bonneau, Nelson Horn Ilha, Alfredo Ricci, John MacCall

Protest No. 57


Race: 11

Protestor: FRA

Protestee: Protest details: Request for redress in Medal Race

Facts found:

At the start of the medal race, FRA was damaged because of the action of RUS that failed to

keep clear. RUS took a voluntary appropriate penalty and admitted her breach at the hearing .

Due to a hole in the hull, about one meter from the stern, FRA had to sail the race with an

increasing quantity of bilge water which slowed her down significantly. FRA finished 8th in

the medal race.

Conclusion:

FRA's finishing position has been made significantly worse by physical damage because of

the action of RUS. FRA is entitled to redress under 62.1(b).

Rule(s) applicable:

RRS 62.1(b)

Decision:

FRA to be given 10 points for a finishing position in the medal race equal to her overall rank

after the opening series. This will not affect the finishing position of other boats in the medal

race.

Short decision:

Redress given. FRA scored 5th in the medal race.

Jury:

Protest No. 56

Event: RS:X - Men

Race: 7

Protestor: UKR

Protestee:

Protest details:

Facts found:

UKR rounded mark 1 of Race 7 in 27th place, the race was run with 16 – 18 knots and waves.

UKR finished race 7 in 24th position. UKR felt during the race that was something wrong

with the board. After coming ashore UKR checked and found that the back of the gasket had

delaminated. The supplier in order to sail race 8 provide to UKR a new board, race 8 was not

sailed. The same board has been repaired and will be used for future races.

Conclusion:

There was no evidence presented that the defect was through no fault of UKR or a defect that

could have been reasonably anticipated by the organizing authority.

Rule(s) applicable:

RRS 62.1(a), Measurement Regulations 5.5

Decision:

Redress denied

Short decision:

Redress denied

Jury:

Chairman: Jack Lloyd, Alfredo Ricci, Pat Healy, John MacCall, Sofia Truchanowicz

Protest No. 55

Event: 470 - Men

Race: 10

Protestor: POL

Protestee: SLO

Protest details: RRS18.2

Facts found:

Conclusion:

Rule(s) applicable:

Decision:

Withdrawal permitted

Short decision:


Jury:

Chairman: Marianne Middelthon, Bernard Bonneau, Sally Burnett, Takao Otani, David Tillett,

Protest No. 54


Race: 3

Protestor: GER

Protestee: RC


Facts found:

GER finished race 3 3 min 11 sec after the winner. GER got a tow with the GER Star. ARG

finished 1 min 2 sec after winner, and filed its protest at 17.17. GER lodged its protest at

17.43. The Tornado protest time limit expired at 17.39.

Conclusion:

The International Jury found no good reason to extend the protest time limit.

Rule(s) applicable:

RRS 62.1(a)

Decision:

GER request for redress is invalid.

Short decision:

GER request for redress invalid

Jury:

Bill O’Hara (chair), Josje Hofland, Nelson Horn Ilha, Alfredo Ricci, Bo Samuelsson

Protest No. 53

Event: Laser - Men

Race: 5

Protestor: SEY

Protestee: GRE

Protest details:

Facts found:

SEY approaches port gate mark 3 on starboard and overlapped to windward of FIN, who is

inside boat; When SEY reaches the zone she is clear ahead of GRE; SEY slows down to give

FIN room to gybe and round the mark and gybes too; GRE sails between SEY and the mark;

Contact without damage occurs between SEY port side and GRE starboard side, and GRE’s

sail and SEY’s body; No boat takes penalty turns.

Conclusion:

GRE, was not entitled to room and failed to keep clear of SEY as required by RRS 18.2(c)

Rule(s) applicable:

RRS 18.2(c) and 14

Decision:

SEY protest is upheld GRE broke RRS 18.2(c), to be scored DSQ in race 5

Short decision:

GRE broke RRS 18.2(c), to be scored DSQ in race 5

Jury:

Jack Lloyd (Chairman) , Mats Bjorklund, Kamen Fillyov, Quanhai Li, Ana Maria Sanchez.

Protest No. 52


Race: 3

Protestor: CAN

Protestee: RC


Facts found:

See protest 50

Conclusion:

The International Jury is not satisfied that CAN's finishing position was made significantly

worse through no fault of her own by an improper action of the Race Committee.

Rule(s) applicable:

RRS 62.1(a)

Decision:

CAN redress denied.

Short decision:

CAN redress denied

Jury:

Bill O'Hara (chair), Josje Hofland, Nelson Horn Ilha, Alfredo Ricci, Bo Samuelsson

Protest No. 51


Race: 3

Protestor: ARG

Protestee: RC


Facts found:

See protest 50

Conclusion:

The International Jury is satisfied that ARG's finishing position was made significantly worse

through no fault of her own by an improper action of the Race Committee.

Rule(s) applicable:

RRS 62.1(a).

Decision:

Request for redress for ARG granted. ARG to be scored points equal to 1st place. All other

scores to remain the same (no boat to be scored in 2nd place).

Short decision:

ARG redress granted.

Jury:


Protest No. 50


Race: 3

Protestor: RC

Protestee: ARG

Protest details: RRS62

Facts found:

Since the three requests for redress concerned the same incident, Protest 50, 51, and 52 were

heard together. In Race 3, the Race Committee shortened the second windward leg at the end

of the first run from 0.9 to 0.7 NM and changed the heading from 120 tot 130 degrees. A

course change was signaled at the bottom mark showing 130 degrees and a minus sign. ARG

was leading the race and on the layline to the original mark 1 40-50 m ahead of ESP, with

ESP slightly to leeward, when the new windward mark was dropped 0.2 NM lower than, and

10 degrees to the right of, Mark 1. AUS was 300 m behind ARG. AUS was slightly above the

layline to the new mark. AUS passed the new mark 1 first followed by ESP and ARG, who

were both flying spinnakers. ESP finished 1st, ARG 2nd and AUS 3rd. CAN lost one place on

the 2nd upwind leg. GER was in 12th position around every mark.

Conclusion:

The International Jury is satisfied that ARG’s finishing position was made significantly worse

through no fault of her own by an improper action of the Race Committee.

Rule(s) applicable:

RRS 62.1(a)

Decision:

Request from RC to consider redress for ARG granted. ARG to be scored points equal to 1st

place. All other scores to remain the same (no boat to be scored in 2nd place).

Short decision:

ARG redress granted

Jury:


Protest No. 49

Event: 49er - Open

Race: 10

Protestor: POR

Protestee: RC


Facts found:

Conclusion:

Rule(s) applicable:

Decision:

See case 48

Short decision:

See case 48

Jury:

John Doerr – Chairman, Jan Stage, Ronnie McCracken, Pat Healy, Zofia Truchanowicz

Protest No. 48

Event: 49er - Open

Race: 10

Protestor: JPN

Protestee: RC

Protest details:

Facts found:

Requests for redress in hearings number 48 and 49 referred to the same circumstances and

were therefore heard together. On the second upwind, there was a large wind shift and

changes in wind speed across the course. The fleet was at that time approximately 2/3 up on

the beat. When the fleet approached mark 1 for the second time, the RC signaled the change

of course with a new bearing of 270. The finishing line was set at 270, distance 0.62 nM,

approximately 4 minutes and 30 seconds after the first boat rounded mark 1. The first boat

finished race 10 at 12:36:37, 8 minutes and 37 seconds after the first boat rounded mark 1. All

boats finished within time limit. The RC did not abandon race 10.

Conclusion:

The signaling of change of course and the setting of the finishing line complied with rule 33.

It is solely the Race Committee’s decision to abandon the race.

Rule(s) applicable:

RRS 32.1, RRS 33, RRS 62.1(a)

Decision:

Redress denied

Short decision:

Redress denied

Jury:


Protest No. 47

Event: 49er - Open

Race: 10

Protestor: AUS

Protestee: RC


Facts found:

Conclusion:

Request for redress does not identify the incident

Rule(s) applicable:

RRS 61.2(b)

Decision:

Request for redress is invalid

Short decision:

Request for redress is invalid

Jury:


Protest No. 46

Event: 470 - Women

Race: 8

Protestor: CHN

Protestee: AUT


Facts found:

No description of incident.

Conclusion:

Rule(s) applicable:

RRS 61.2(b)

Decision:

CHN protest is invalid.

Short decision:

CHN protest is invalid.

Jury:

Bernard Bonneau, Mats Bjorklund, Kamen Fillyov, Nelson Horn Ilha, Marianne Middelthon

Protest No. 45

Event: 470 - Women

Race: 8

Protestor: AUT

Protestee: CHN


Facts found:

AUT approached the final leeward gate on port tack overlapped with CHN on starboard. 4-5

boat-lengths from the mark AUT gybed to starboard. The boats where overlapped during the

rounding with CHN as the inside boat. No contact occurred.

Conclusion:

The jury is not convinced that the overlap was broken before the first boat entered the two-

boat-length-zone. AUT gave CHN sufficient room to round the mark. No rule broken.

Rule(s) applicable:

RRS 18.2(a) and (e).

Decision:

AUT protest dismissed

Short decision:

AUT protest dismissed

Jury:

Bernard Bonneau, Mats Bjorklund, Kamen Fillyov, Nelson Horn Ilha, Marianne Middelthon

Protest No. 44

Event: RS:X - Women

Race: 5

Protestor: ITA

Protestee: ESP

Protest details: RRS16.2,RRS13

Facts found:

refer to protest #41

Conclusion:

Rule(s) applicable:

Decision:

Protest dismissed, see case 41

Short decision:

Protest dismissed, refer to protest #41

Jury:

Jan Stage (Chair man) Miguel Allen, Oleg Ilyin, Takao Otani, Rut Subniran,

Protest No. 43

Event: Finn - Open

Race: 8

Protestor: ITA

Protestee: GRE

Protest details:

Facts found:

GRE finished 8th, ITA finished 9th. ITA started sailing back towards the harbour, and was

overtaken by GRE and its coach boat, who offered him a tow. The tow was slower than some

others in order not to damage the boats. ITA and GRE were the last Finns to arrive in the

harbour. ITA arrived back at the ramp and asked the ITA boatwright to fix the damage to his

boat. On the way to the Jury Offices ITA was stopped by ESP. Their conversation took

approximately 5 minutes. ITA spoke to the POL jury member and the Jury chairman, which

discussion took approximately 5-6 minutes and ended at 18.50 hrs. ITA’s protest was lodged

at 19.12 hrs. The Finn protest time expired at 18.25 hrs.

Conclusion:

ITA failed to lodge his protest inside the protest time limit. The International Jury has found

no good reason to extend the time limit.

Rule(s) applicable:

RRS 61.3, SI 18.3

Decision:

ITA protest is invalid.

Short decision:

ITA protest is invalid.

Jury:

Pat Healy (chair), Josje Hofland, David Tillett, John MacCall, Eric Tulla

Protest No. 42

Event: 470 - Men

Race: 7

Protestor: BRA

Protestee: ISR


Facts found:

BRA wished to withdraw the protest.

Conclusion:

Rule(s) applicable:

RRS 63.1

Decision:

Withdrawal permitted.

Short decision:

Withdrawal permitted.

Jury:

Jan Stage, Mats Bjorklund, Miguel Allen, Oleg Ilyin, Takao Otani

Protest No. 41

Event: RS:X - Women

Race: 5

Protestor: ESP

Protestee: ITA


Facts found:

ESP was on starboard close hauled course on the first beat ITA on port overlapped with BRA

who was 3 meters to leeward and slightly forward BRA bore away to go behind ESP and left

approx. 2 meters of room between her and the transom of ESP ITA slowed down There was

collision between ESP and ITA No damage to any of them Neither of them took a Penalty

Conclusion:

ITA on port failed to keep clear of ESP on Starboard

Rule(s) applicable:

RRS 10

Decision:

ITA broke Rule 10 and to be scored DSQ in race number 5

Short decision:

ITA broke Rule 10, DSQ in race 5

Jury:

Jan Stage (Chair man) Miguel Allen, Oleg Ilyin, Takao Otani, Rut Subniran,

Protest No. 40

Event: Star - Men

Race: 1

Protestor: AUS

Protestee: RC


Facts found:

Conclusion:

Rule(s) applicable:

Decision:

See case 37

Short decision:

See case 37

Jury:

Protest No. 39

Event: Star - Men

Race: 1

Protestor: AUT

Protestee: RC


Facts found:

Conclusion:

Rule(s) applicable:

Decision:

See case 37

Short decision:

See case 37

Jury:

Protest No. 38

Event: Star - Men

Race: 1

Protestor: ITA

Protestee: RC


Facts found:

Conclusion:

Rule(s) applicable:

Decision:

See case 37

Short decision:

See case 37

Jury:

Protest No. 37

Event: Star - Men

Race: 1

Protestor: BRA

Protestee: RC


Facts found:

Requests for redress in cases 37, 38, 39 and 40 referred to the same circumstances and were

therefore heard together. On August 15, Race 1 for Star class was run on Alpha course. First

starting procedure was postponed due to wind shift. The RC repeated the starting sequence.

The course to be sailed was W2. The direction to the first mark displayed on the RC vessel

was 040. The distance to the first mark was 1.3 nM. The current was coming from right to the

left down the course. After the start several boats including BRA, ITA, AUT and AUS sailed

to the right side of the course which initially had more breeze and a better angle, the

remainder of the fleet sailed to the left. There was less pressure on the left hand side of the

course. When the boats were approximately half to 2/3 up the beat, the RC signal boat noted a

wind shift of about 20 degrees to the left that was confirmed by the RC boat at mark 1. The

wind shift came with more pressure and boats on the left side of the course tacked and were

close to laying mark 1. At the same time breeze on the right side died and the boats were

headed. The furthest boat to the left was SWE. By the time SWE reached mark 1 she was

sailing with sheets eased. See the rest of facts found in the seperate sheet

Conclusion:

The RC followed 11.1 of the ISAF Race Management Policies for the Olympic Sailing

Competition and ISAF Events that were distributed to the members of the Jury and parties to

the hearing. There was no improper action or omission of the Race Committee. It is solely the

Race Committee’s decision to abandon the race.

Rule(s) applicable:

RRS 32.1, RRS 62.1(a)

Decision:

Redress denied.

Short decision:

Redress denied.

Jury:

Jack Lloyd - Chairman, Ana Sanchez, Ronnie McCracken, Bo Samuelsson, Zofia

Truchanowicz

Protest No. 36

Event: Finn - Open

Race: 8

Protestor: NZL

Protestee: SWE


Facts found:

After being towed in from race 8, NZL washed his boat down at the ramp and changed

clothes. NZL and SWE had a conversation in the vicinity of the Finn notice board at 18.08 hrs.

The Finn protest time expired at 18.25 hrs. NZL’s protest was lodged at 18.26 hrs.

Conclusion:

NZL failed to lodge his protest inside the protest time limit. The International Jury has found

no good reason to extend the time limit.

Rule(s) applicable:

RRS 61.3, SI 18.3

Decision:

NZL protest is invalid.

Short decision:

NZL protest is invalid.

Jury:

Pat Healy (chair), Josje Hofland, John MacCall, Rut Subniran, Eric Tulla

Protest No. 35

Event: Laser - Men


Protestee: LUX

Protest details: Coach boat regulation 7.2

Facts found:

The LUX Laser coach boat had engine problems. The athlete used the phone to ask for

assistance since the coach did not speak English. After the athlete, the coach used the same

mobile phone. The mobile phone was brought out on the water by the coach on his coach boat.

The coach had received the Coach Boat Regulations.

Conclusion:

The LUX coach broke Coach Boat Regulations 7.2.

Rule(s) applicable:

Coach Boat Regulations 1.2 and 7.2

Decision:

The jury will instruct the Organizing Authority to withdraw the accreditation and access right

to the venue for LUX Laser coach Thierry Dupont for 16 August 2008.

Short decision:

Accreditation withdrawn for 16 August.

Jury:

Jan Stage, Mats Bjorklund, Miguel Allen, Oleg Ilyin, Takao Otani

Protest No. 34

Event: Finn - Open

Race: 7

Protestor: JURY

Protestee: NOR

Protest details: Reopening of protest number 30.

Facts found:

The hearing of protest number 30 was reopened by the Jury based on significant new evidence

that became available in the form of TV coverage. Both parties were present for the reopening.

Revised facts found: NOR and CAN on port approached mark 4P NOR and CAN entered two

boat length zone overlapped with CAN on the inside. While rounding the mark NOR hit CAN

on the leeward side of the stern CAN was close to the mark at the moment of contact Contact

occurred with no damage No boat took a penalty turn or retired

Conclusion:

Revised conclusion: NOR failed to give room as an outside boat

Rule(s) applicable:

RRS 18.2(a), RRS 14, [RRS 63.3(b) - original hearing], RRS 66

Decision:

Revised decision: NOR to be scored DSQ in race number 7

Short decision:

Revised decision: NOR DSQ in race 7

Jury:

John Doerr – Chairman, Bernard Bonneau, Jan Stage, Eric Tulla, Zofia Truchanowicz

Protest No. 33

Event: Finn - Open


Protestee: NOR


Facts found:

The Jury called the hearing under rule 69 based on facts found in protest 30. Before the

hearing members of the Jury reviewed the video and identified the competitors closest to the

incident. They were all called as witnesses and gave their testimonies. The Jury heard from

six competitors in the vicinity of the incident, from a Jury boat that heard a contact and

reviewed video recording with the audio. No foul or abusive language was identified from any

of those sources to support the allegation by CAN. The word “protest” was heard by some

witnesses. There was no evidence presented to support allegation by CAN of further abusive

or foul language on the next leg following the incident or after the finish. After finishing,

there was a verbal communication between NOR and CAN that could have been perceived by

CAN as a possible threat.

Conclusion:

The Jury is not satisfied beyond reasonable doubt that NOR has committed a gross breach of

good manners or sportsmanship

Rule(s) applicable:

Decision:

Rule 69 allegation against NOR is dismissed

Short decision:

Rule 69 allegation against NOR is dismissed

Jury:

John Doerr – Chairman, Bernard Bonneau, Jan Stage, Eric Tulla, Zofia Truchanowicz

Protest No. 32

Event: 470 - Women

Race: 6

Protestor: NED

Protestee: RC


Facts found:

On leg 5 NED was approaching the final gate on starboard tack and JPN on port tack. NED

and JPN were the first boats in the fleet. NED was overlapped on the inside. As NED came

closer to the gate she saw a white line in the water to windward of the mark. The length of the

line was approximately one boat-length. The distance to the line was one boat-length when

NED first saw the line. NED luffed to avoid the line but caught the line with the rudder. The

helmsman of NED cleared the line from the rudder. NED gybed to port to round the mark.

The distance between NED and the mark was less than half a boat-length. When NED had

passed the mark JPN was clear ahead. The race committee used a fixed length anchor line for

the depth of that location that was tied off at the mark with the bitter end without any excess.

The anchor line was attached to the mark 2 meters below the surface with a weight below.

The race committee had not changed the gate mark during the 4 races of the day.

Conclusion:

There was no evidence of an improper action or omission of the race committee.

Rule(s) applicable:

62.1(a)

Decision:


Short decision:


Jury:

Jack Lloyd, Mats Bjorklund, John MacCall, Totos Theodossiou, Eric Tulla

Protest No. 31

Event: 470 - Men

Race: 6

Protestor: SUI

Protestee: RC


Facts found:

SUI was observed and recorded by the pin end boat on the course side at the starting signal.

The race committee signaled individual recall. SUI did not return to start.

Conclusion:

SUI was on the course side at her starting signal.

Rule(s) applicable:

RRS 29.1, 62.1

Decision:


Short decision:


Jury:


Protest No. 30

Event: Finn - Open

Race: 7

Protestor: CAN

Protestee: NOR

Protest details: Reopening

Facts found:

Revised following re-opening under Rule 66 based on significant new evidence NOR and

CAN on port approached mark 4P Both boats entered the two boat length zone overlapped

with CAN on the inside While rounding the mark NOR hit CAN on the leeward side of the

stern CAN was close to the mark at the moment of contact Contact occurred with no damage

No boat took a penalty turn or retired

Conclusion:

NOR failed to give room as an outside boat and broke RRS 18.2(a)

Rule(s) applicable:

RRS 18.2(a), RRS 14, RRS 63.3(b)

Decision:

Revised decision: NOR broke rule 18.2(a) and is DSQ in Race 7

Short decision:

NOR DSQ in race 7

Jury:

Jan Stage – Chairman, Quanhai Li, Ana Maria Sanchez, John Doerr, Zofia Truchanowicz,

Protest No. 29

Event: 470 - Men

Race: 6

Protestor: BRA

Protestee: RC

Protest details: RRS62.1(a),RRS19.1

Facts found:

BRA was observed and recorded by the pin end boat on the course side at the starting signal.

The signal for individual recall was made immediately after the starting signal. BRA did not

return to start.

Conclusion:

BRA was on the course side at her starting signal. The signal for individual recall was made

in accordance with RRS 29.1.

Rule(s) applicable:

RRS 29.1, 62.1

Decision:


Short decision:


Jury:


Protest No. 28

Event: 49er - Open

Race: 9

Protestor: NOR

Protestee: ITA


Facts found:

NOR request to withdraw the protest

Conclusion:

Rule(s) applicable:

RRS 63.1

Decision:


Short decision:


Jury:

Chairman: Bill O’Hara, Alfredo Ricci, Kamen Fillyov, Takao Otani, Rut Subniran,

Protest No. 27

Event: 470 - Men

Race: 5

Protestor: SWE

Protestee: RC

Protest details: RRS 62, request for redress

Facts found:

The black flag rule was in effect. SWE was observed and recorded by both the signal boat and

the pin end boat on the course side 5 seconds before the starting signal.

Conclusion:

SWE was in the triangle formed by the ends of the starting line and the first mark during the

minute before her starting signal.

Rule(s) applicable:

RRS 30.3, 62.1

Decision:


Short decision:


Jury:


Protest No. 26

Event: 49er - Open

Race: 7

Protestor: GBR

Protestee: RC

Protest details: Request for redress

Facts found:

Wind direction about 130 -125 with a strength of about 6 knots and a current of about 3 – 1

knot, The pin end boat was anchored in 15 meters of water with a CQR anchor of 15 kg, 20

meters of chain and 50 meters of line. The bias of line was 5 degrees to the starboard end. The

line was constantly checked from both Race Committee boats. GBR felt that the pin end was

drifting GBR was called OCS on race 7th .

Conclusion:

There is no improper action of Race Committee.

Rule(s) applicable:

RRS 62.1(a)

Decision:

Redress denied

Short decision:

Redress denied

Jury:

Chairman: Bill O’Hara, Alfredo Ricci, Kamen Fillyov, Takao Otani, Rut Subniran,

Protest No. 25

Event: 470 - Men

Race: 4

Protestor: FIN

Protestee: BLR


Facts found:

Protest heard with protest 24

Conclusion:

Rule(s) applicable:

Decision:

Protest dismissed

Short decision:

Protest dismissed

Jury:

Protest No. 24

Event: 470 - Men

Race: 4

Protestor: BLR

Protestee: FIN


Facts found:

BLR overlapped on starboard tack with FIN to windward were approaching Mark 3 FIN

gybed onto port and passed close astern of BLR BLR entered the two-length zone clear ahead

of FIN BLR gybed onto port to round the mark There was contact between BLR and FIN

There was no damage to either boat No boat took a Two Turns Penalty

Conclusion:

FIN failed to keep clear of BLR as required by rule 18.2 (c)

Rule(s) applicable:

RRS 18.2(c), 14

Decision:

FIN broke rule18.2 (c). DSQ in race number 4

Short decision:

FIN broke rule18.2 (c). DSQ in race 4

Jury:

Marianne Middelthon, Takao Otani, Bo Samuelsson, Oleg Ilyin, , Nelson Horn Ilha

Protest No. 23

Event: 470 - Women

Race: 4

Protestor: BRA

Protestee: SWE


Facts found:

Half way up the first windward leg, BRA on starboard and SWE on port converged on a

collision course. BRA had been on starboard tack for 40-60 seconds. SWE crossed 1 m in

front of BRA. BRA bore away to avoid a collision.

Conclusion:

SWE on port failed to keep clear of BRA on starboard

Rule(s) applicable:

RRS 10

Decision:

SWE DSQ race 4 (RRS 10)

Short decision:

SWE DSQ race 4

Jury:

Sofia Truchanowicz (chair), Josje Hofland (scribe), Ana Maria Sanchez, Pat Healy, Rut

Subniran

Protest No. 22


Race: 6

Protestor: GRE

Protestee: RC


Facts found:

At the starting signal, two boats, GRE and FIN were called OCS. Individual recall was

signaled 4 seconds after the start. GRE did not return to start.

Conclusion:

There was no omission or error made by the race committee.

Rule(s) applicable:

RRS 62.1

Decision:

Redress denied.

Short decision:

Redress denied.

Jury:

Bernard Bonneau, Mats Bjorklund, Oleg Ilyin, Bo Samuelsson, Rut Subniran

Protest No. 21

Event: 470 - Men

Race: 2

Protestor: SWE

Protestee: CHN

Protest details: RRS 18.2(c)

Facts found:

SWE approached the leeward gate on starboard 6-8 boat lengths ahead of CHN. SWE slowed

down the boat to avoid the boats in front of her rounding the mark. SWE entered the two boat

length zone clear ahead of CHN. SWE gybed to port inside the two boat length zone. CHN

approached with more speed and became overlapped inside of SWE. Just before rounding the

mark SWE bore away to avoid contact with CHN.

Conclusion:

CHN was not entitled to room and failed to keep clear of SWE. CHN broke RRS 18.2(c)

Rule(s) applicable:

RRS 18.2(c)

Decision:

SWE protest is upheld. CHN to be scored DSQ in race number 2.

Short decision:

SWE protest is upheld. CHN DSQ.

Jury:

Bernard Bonneau, Mats Bjorklund, Miguel Allen, Nelson Horn Ilha, Jack Lloyd

Protest No. 20

Event: 470 - Women

Race: 1

Protestor: SLO

Protestee: GBR


Facts found:

SLO approached mark 3p on starboard tack When SLO was less than 3 boat length from the

mark, GBR passed behind SLO on port tack and gybed After the gybe, GBR was clear astern

of SLO SLO entered the two-length zone ahead of GBR GBR luffed, passed behind SLO,

gybed onto port and became outside overlapped SLO gybed onto port to round the mark, and

there was contact between SLO and GBR None of them took 2 penalty turns

Conclusion:

GBR failed to keep clear of SLO as required by 18.2(c)

Rule(s) applicable:

RRS 18.2(c),(d),(e)

Decision:

GBR broke Rule 18.2(c). GBR to be scored DSQ in race number 1

Short decision:

GBR DSQ in race 1

Jury:

Jan Stage(C), Takao Otani(S), Marianne Middelthon, Kamen Fillyov, Quanhai Li

Protest No. 19

Event: 470 - Women

Race: 2

Protestor: USA

Protestee: AUT

Protest details: 18.2(a)

Facts found:

Protests 17 + 19 involved the same incident and were therefore heard together. SWE, AUT

and USA all on starboard tack approaching the leeward mark with SWE clear ahead of AUT

and USA, and USA overlapped to leeward of AUT. SWE entered the 2-length zone clear

ahead of AUT and USA. AUT entered the zone overlapped with USA on the inside. SWE

gybed onto port to round the mark and with the current now against her she slowed down.

USA luffed quickly to avoid SWE’s stern and then immediately gybed. USA’s boom made

contact with AUT’s port shroud.

Conclusion:

AUT as an outside overlapped boat failed to give room to USA.

Rule(s) applicable:

18.2(a), 18.2(c)

Decision:

AUT DSQ race 2

Short decision:

AUT DSQ race 2

Jury:

Bill O’Hara (chair), Josje Hofland (scribe), Ronnie McCracken, Eric Tulla, Zofia

Truchanowicz

Protest No. 18

Event: 470 - Women

Race: 2

Protestor: SWE

Protestee: ISR

Protest details: Protest withdrawn.

Facts found:

SWE request to withdraw the protest

Conclusion:

Rule(s) applicable:

Decision:


Short decision:


Jury:

Bernard Bonneau, Mats Bjorklund, Oleg Ilyin, Bo Samuelsson, Rut Subniran

Protest No. 17

Event: 470 - Women

Race: 2

Protestor: AUT

Protestee: SWE

Protest details: 18.2b

Facts found:


Conclusion:

See the conclusion of protest 19

Rule(s) applicable:

Decision:

Protest dismissed

Short decision:

Protest dismissed

Jury:

Bill O-Hara - chairman, Josje Hofland, Ronnie McCracken, Eric Tulla, Sofia Truchanowicz

Protest No. 16

Event: 470 - Men

Race: 2

Protestor: ARG

Protestee: Protest details: Protest withdrawn.

Facts found:

ARG request to withdraw the protest

Conclusion:

Rule(s) applicable:

RRS 63.1

Decision:


Short decision:


Jury:

Bernard Bonneau, Mats Bjorklund, Miguel Allen, Rut Subniran, David Tillett

Protest No. 15

Event: RS:X - Women

Race: 2

Protestor: ESP

Protestee: FRA

Protest details: 18.2(a) and 11

Facts found:

ESP and FRA were approaching the gate for the final time on starboard. ESP was overlapped

on the inside. While rounding the mark ESP gybed onto port and contact occurred between

the sails. The distance between ESP and the mark was one meter. FRA made a 360 degree

turn at the finishing line. The distance between the gate and the finishing line was more than

100 meters.

Conclusion:

FRA failed to give room while rounding the mark. FRA failed to sail well clear as soon as

possible after the incident to exonerate herself.

Rule(s) applicable:

RRS 18.2(a) and 44.2 as amended by B2.1(c)

Decision:

ESP protest is upheld. FRA to be scored DSQ in race number 2

Short decision:

ESP protest is upheld. FRA DSQ.

Jury:

Jack Lloyd, Mats Bjorklund, Miguel Allen, Bo Samuelsson, Rut Subniran

Protest No. 14

Event: 470 - Men

Race: 2

Protestor: CRO

Protestee: ARG

Protest details: Protest withdrawn.

Facts found:

No damage.

Conclusion:

CRO request to withdraw the protest

Rule(s) applicable:

RRS 63.1

Decision:


Short decision:


Jury:

Bernard Bonneau, Mats Bjorklund, Miguel Allen, Rut Subniran, David Tillett

Protest No. 13

Event: RS:X - Women

Race: 2

Protestor: POL

Protestee: NOR

Protest details:

Facts found:

The first downwind leg, POL on starboard and NOR on port were on collision course at about

20 meters from mark 4S and contact occurred. No damage to any of the boards.

Conclusion:

NOR failed to keep clear

Rule(s) applicable:

RRS 10, 14

Decision:

NOR to be scored DSQ in race 2

Short decision:

NOR DSQ in race 2

Jury:

Chairman: Jan Stage, Alfredo Ricci, Quanhai Li, John MacCall, Zofia Truchanowicz,

Protest No. 12

Event: 470 - Women

Race: 1

Protestor: CZE

Protestee: SLO

Protest details: RRS 13, 14

Facts found:

At the start CZE on Starboard, SLO on Port both boats close hauled CZE hailed starboard,

SLO tacked to starboard While SLO was tacking there was light contact between between the

port forward quarter of CZE and the starboard aft quarter of SLO CZE luffed just prior to the

contact attempting to avoid

Conclusion:

SLO as a tacking boat failed to keep clear

Rule(s) applicable:

RRS 13, 14

Decision:

CZE protest is upheld. SLO to be scored DSQ in race number 1

Short decision:

SLO to be scored DSQ in race 1

Jury:

Bill O’Hara, Jack Lloyd, Oleg Ilyin, Ronnie McCracken, Bo Samuelsson,

Protest No. 11

Event: RS:X - Women

Race: 2

Protestor: NOR

Protestee: POL

Protest details:

Facts found:


Conclusion:

See the conclusion of protest 13

Rule(s) applicable:

Decision:

Protest dismissed

Short decision:

Protest dismissed

Jury:

Chairman: Jan Stage, Alfredo Ricci, Quanhai Li, John MacCall, Zofia Truchanowicz

Protest No. 10

Event: 49er - Open

Race: 5

Protestor: NOR

Protestee: UKR

Protest details: 18,3(a)

Facts found:

NOR was sailing closed hauled on starboard tack when approaching the windward mark on

the layline. UKR on starboard was sailing below the layline and tacked to port. Soon after,

UKR tacked back to starboard on the layline. When UKR completed her tack one and a half

boatlength from the mark, the distance between the boats was one boatlength. UKR was low

at speed after two tacks. NOR approached UKR with more speed and luffed above close-

hauled to avoid UKR. No contact occured.

Conclusion:

NOR had to luff above close-hauled to avoid UKR. UKR broke RRS 18.3(a).

Rule(s) applicable:

RRS 18.3(a)

Decision:

NOR protest is upheld. UKR to be scored DSQ in race number 5.

Short decision:

UKR DSQ

Jury:

Josje Hofland, Mats Bjorklund, Oleg Ilyin, Bo Samuelsson, Rut Subniran

Protest No. 9

Event: 49er - Open

Race: 5

Protestor: ESP

Protestee: RC

Protest details: 62.1(a)

Facts found:

Parties and the Jury reviewed the TV footage relevant to the lodged request for redress

Protestor requested that the request for redress be withdrawn Approval of the Jury was given

Conclusion:

Rule(s) applicable:

Decision:

Request for redress withdrawn

Short decision:

Request for redress withdrawn

Jury:

Jack Lloyd - Chairman, Alfredo Ricci, Ronnie McCracken, John McCall, Zofia Truchanowicz

Protest No. 8

Event: 49er - Open

Race: 6

Protestor: POR

Protestee: Protest details: 62.1(a)

Facts found:

1. The organizing authority fitted camera mounts onto every 49er straight after the

measurement in accordance with SI 3. 2. Camera mount strut limits the original 49er design

amplitude of tiller movement by impacting the tiller at the different location than the original

design 3. POR was aware of this limitation 4. Camera mounts are identical for all boats 5.

POR broke her tiller when the helms person was trying to bear-away to start with repeated

tiller movement (Race 6) 6. POR was scored DNS in race 6

Conclusion:

Jury is not satisfied that PORs score was made significantly worse through no fault of her

own.

Rule(s) applicable:

62.1

Decision:

Redress denied

Short decision:

Redress denied

Jury:

Josje Hofland(C), Takao Otani(S), Kamen Fillyov, Nelson Horn Ilha, Eric Tulla

Protest No. 7

Event: RS:X - Men


Protestee: TUR

Protest details:

Facts found:

On August 9, TUR used 1200 sand paper on his board to clean the board by removing black

oily marks in 3 parts of the board. The total size of the 3 spots was about the size of a hand.

Bruno De Wannemaeker, a member of the event measurement committee, noticed the white

residue on the board. There has been no attempt to conceal the work done on the board, or to

remove the residue from the surface of the board. The OMC issued a new board to be used by

TUR before the first race.

Conclusion:

Rule(s) applicable:

Measurement Regulations 5.8 and RRS 64.1(c).

Decision:

When using 1200 sand paper on three areas totaling the size of a hand, TUR was in breach of

Measurement Regulation 5.8, which prohibits sanding of the boards. The Jury is however

satisfied that TUR misunderstood MR 5.8.

Short decision:

Protest is upheld. TUR to be scored DSQ in race 1

Jury:

John Doerr, Pat Healy, Marianne Middelthon, Ana Maria Sanchez, Totos Theodossiou

Protest No. 6


Race: 3

Protestor: ESP

Protestee: CHN

Protest details: PORT AND STARBOARD

Facts found:

ESP was on the starboard layline approaching mark 1 of race 3 CHN was on port also

approaching the mark CHN tacked onto starboard to leeward of ESP and they were

overlapped and inside the 2 length zone on completion of the tack about 1.5 metres apart. ESP

luffed to keep clear of CHN before the tack was complete Neither boat took a TTP There was

no contact

Conclusion:

CHN failed to keep clear of ESP as required by rule 13

Rule(s) applicable:

RRS.13

Decision:

ESP protest is upheld. CHN to be scored DSQ in race number 3

Short decision:

ESP protest is upheld CHN to be scored DSQ race 3

Jury:

Chairman: Marianne Middelthon, Sally Burnett, Kamen Fillyov, Oleg Ilyin, John MacCall

Protest No. 5

Event: 49er - Open

Race: 1

Protestor: JPN

Protestee: NOR


Facts found:

JPN and NOR were on P tack approaching Mark 1 with NOR ahead of JPN JPN tacked to S

on the starboard layline and NOR then tacked to S to windward of JPN by about half a boat

length and was pulling ahead of JPN about 6 boat lengths from the mark NOR became clear

ahead of JPN when he reached the mark No contact occurred between JPN and NOR

Conclusion:

No rule was broken

Rule(s) applicable:

None

Decision:

JPN protest is dismissed

Short decision:

Protest dismissed

Jury:

Bo Samuelsson, Nelson Horn Ilha, Ronnie McCracken, Ana Maria Sanchez, Eric Tulla,

Protest No. 4

Event: 49er - Open

Race: 1

Protestor: DEN

Protestee: POL

Protest details: RRS 13

Facts found:

POL on port and DEN on starboard 35 seconds before the start POL passed head to wind and

became overlapped to leeward of DEN. POL did not come down to a close hauled course.

Both POL and DEN were sailing above close-hauled towards the starting line. 10 seconds

before the starting signal the tiller extension of DEN touched the starboard wing of POL.

DEN continued and cleared the committee boat. POL touched the port race committee boat

while tacking onto port. After getting clear POL made a one turn penalty.

Conclusion:

POL broke rule 13 and 31.1 in the same incident and exonerated herself.

Rule(s) applicable:

RRS 13, 31.1, 31.2 and 44.4

Decision:

DEN protest is upheld. POL exonerated herself.

Short decision:

DEN protest is upheld. POL exonerated herself.

Jury:

Josje Hofland, Pat Healy, Alfredo Ricci, Rut Subniran, Mats Bjorklund

Protest No. 3

Event: 49er - Open

Race: 1

Protestor: SWE

Protestee: AUS

Protest details: RRS10,13,18.3(a)

Facts found:

SWE on starboard and AUS on port approaching mark no.1 for a second time AUS tacked to

starboard inside two boat length zone SWE luffed to avoid collision before AUS completed

her tack No contact occurred No boat took a penalty turn Jury and the parties reviewed the TV

footage which was relevant to the incident

Conclusion:

AUS failed to keep clear of SWE as a tacking boat

Rule(s) applicable:

RRS 13

Decision:

AUS DSQ in race 1 for breach of RRS 13

Short decision:

AUS DSQ in race 1

Jury:

Jack Lloyd - Chairman Miguel Allen, Bill O’Hara, Totos Theodossiou, Zofia Truchanowicz

Protest No. 2

Event: 49er - Open

Race: 1

Protestor: POL

Protestee: DEN


Facts found:

POL on port and DEN on starboard 35 seconds before the start POL passed head to wind and

became overlapped to leeward of DEN. POL did not come down to a close hauled course.

Both POL and DEN were sailing above close-hauled towards the starting line. 10 seconds

before the starting signal the tiller extension of DEN touched the starboard wing of POL.

DEN continued and cleared the committee boat. POL touched the port race committee boat

while tacking onto port. After getting clear POL made a one turn penalty.

Conclusion:

POL broke rule 13 and 31.1 in the same incident and exonerated herself.

Rule(s) applicable:

RRS 13, 31.1, 31.2 and 44.4

Decision:

POL protest is dismissed.

Short decision:

POL protest is dismissed.

Jury:

Josje Hofland, Pat Healy, Alfredo Ricci, Rut Subniran, Mats Bjorklund

Protest No. 1



Protestee: RUS

Protest details: Measurement issue Rule 69

Facts found:

RUS was brought for equipment control at 09.30 6th August. The Measurer used a torch to

view the hull through the inspection hatch and saw some metal attached beneath the floor.

Two other measurers witnessed this and the metal was then removed and found to be lead.

This lead weighed approximately 2kg and had been positioned a full arms length from the

hatch and was difficult to remove. The boat was weighed and found to be 2kg below the

minimum weight limit. The boat was presented for measurement in a condition that did not

comply with the Class Rules. Corrector weights must be placed in specific locations and the

lead was not in one of these. RUS bought the boat as new from the manufacturer in February

2006 with correctors. The boat had not been kept in a secure location since it had arrived in

China and was often left uncovered. During equipment control at this regatta, approximately

10 Ynglings have had to make weight adjustments.

Conclusion:

The fact that RUS was presented for pre race equipment control in a condition that did not

comply with the Class Rules, is not by itself a gross breach of good manners or sportsmanship.

It is possible that the lead could have been placed in the boat without the knowledge of the

crew during the last 2 years. The location of the weight makes it possible that the crew were

not aware of its presence, consequently the Jury are not satisfied that there was a gross breach

of sportsmanship.

Rule(s) applicable:

Rule 69.1

Decision:

The Jury were not satisfied that RUS had knowledge of the weight correctors in the prohibited

location and therefore there is no serious breach of sportsmanship.

Short decision:

No penalty given

Jury:

Chairman: John Doerr Bernard Bonneau, Sally Burnett, Marianne Middelthon, Bill O'Hara,

protest no. 79 event: race: swe rc/oa - vento...

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