Hearing Decision

1. In the pre-start for Opti Open class Race 5, wind was 5 knots with current running from the windward mark.


2. When the preparatory signal was made there were several boats close astern of the race committee signal vessel.


3. Approximately 15 to 20 seconds after the preparatory signal the race committee signaller (flag puller) observed the bow of 923 very close to the stern of the race committee signal vessel.


4. The race committee signaller stated that he observed light contact between 923’s bow and the port topsides at the stern of the race committee signal vessel.


5. 923’s representative stated that there was no contact, and that 923 was approximately one-half metre astern of the race committee signal vessel.


6. 923 did not take a penalty turn and continued racing.


7. As viewed by the jury members at the dock after delivering its original decision to the parties, the stern profile of the race committee signal vessel curves noticeably inwards both in longitudinal and cross section, from the underside of the gunwhale to the waterline, and the gunwhale projects approximately 8 cm. outboard of the hull topsides.  The deck railing is located inboard of the vertical extension of the hull topsides at the gunwhale.

The hearing was re-opened at 08:45 hrs on December 16, 2018, to receive and consider the jury’s evidence as to Fact #7 above.

1. In the jury’s opinion, because of the physical characteristics of the stern of the race committee signal vessel, it could be difficult to see the vessel’s topsides from on deck.


2. The evidence from the parties was conflicting.  The jury is not satisfied, on the weight of the evidence, that contact occurred.  Therefore, the jury is giving 923 the benefit of the jury’s doubt.

Protest dismissed.  923 is to be scored in her finishing place in Race 5.