Hearing Decision

1. At the offset mark at the top of the first beat, boat 44 was clear ahead of boat 20 by about three boatlengths.


2. After boat 44 rounded the offset mark and bore away, she pitchpoled and capsized.


3. Boat 20 rounded the offset mark and bore away onto a collision course with boat 44.


4. Boat 20 continued to bear away but did not change course sufficiently to avoid boat 44.


5. There was contact between 20 and 44 causing serious damage.  The point of contact on boat 44 was on the underside of the port hull about five feet from the stern, from the outside, causing a crack on the inside of that hull.


6. Boat 20 also capsized.


7. Following the incident, boat 20 retired from the race.


8. Prior to the capsize, boat 44 was fifth from last in the race.

Prior to and throughout the incident, boat 20 was obliged to keep clear, first under rule 12 and then under rule 23.

Boat 20 did not avoid boat 44 who was capsized, when it was possible to do so.  The contact caused serious damage.

The score of boat 44 in the series was made significantly worse by her failure to finish.

Boat 20 broke rules 23 and 14. Since she retired from the race, she is not further penalised.

Boat 44 is given redress by being awarded points equivalent to finishing last in race 3A.