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Hearing Number Five - 10 Feb 2012
THIS SIDE FOR PROTEST COMMITTEE USE Number 5 Heard together with numbers
Fill in and tick as appropriate
Withdrawal requested Signature Withdrawal permitted
Protest time limit 13:30
Protest, or request for redress or reopening, is within time limit Time limit extended
Protestor, or party requesting redress or reopening, represented by Jury
Other party, or boat being considered for redress, represented by NED7924, NED1198
Names of witnesses
Interpreters Malee Whitcraft
Remarks
Objection about interested party No
Written protest or request identifies incident Yes
‘Protest’ hailed at first reasonable opportunity No
No hail needed; protestee informed at first reasonable opportunity NA
Red flag conspicuously displayed at first reasonable opportunity NA
Protest or request valid; hearing will continue Protest or request invalid; hearing is closed
FACTS FOUND 1) NED1198's protest was invalid as he did not hail protest, but as there was serious damage the Jury opened a protest hearing against NED1198 and NED7924. 2) Both boats were reaching along the start line for 50 metres. 3) NED7924 hailed up several times. 4) With fifteen seconds before the starting signal NED1198 bore down on and collided with NED7924. 5) NED1198 suffered a 15 by 15 cm gash in her port bow. 6) NED7924 hailed protest. 7) NED1198 did a penalty turn. 8) NED1198 realised she was sinking and returned to shore for repairs.
Diagram of boatNED1198is endorsed by committee Committee’s diagram is attached
CONCLUSIONS AND RULES THAT APPLY 1) RRS 60.3a(1) - There was serious damage so the Jury initiated a Hearing. 2) RRS 11 - NED1198 did not keep clear of NED7924. 3) RRS 14 - NED1198 could have reasonably avoided contact and had room to keep clear. 4) RRS14 - NED7924 could not have reasonably avoided contact with NED1198. 5) RRS 64.1(b) NED1198 took a penalty turn and exonerated herself.
DECISION
Protest: dismissed Boat(s) is (are) disqualified
penalized as follows :
Redress: not given given as follows : .
Request to reopen a hearing: denied granted
Protest committee chairman and other members
Neil Semple GBR IJ (Chairman), Prasart Sribhadung THA IJ, Malee Whitcraft NED, Stuart Scott NZL
Chairman’s signature ........... ........... Date and time 10 February 2012
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