Hearing Decision

202289 did not come to the hearing and the hearing proceeded under 63.3(b)

The race was run in 16 knots of breeze and sloppy seas

216191 on a port run clear ahead and slightly to leeward of 202289 on port run at 5 boat lengths

216191 was clear ahead of 202289 at the zone 

At one boat length from the mark 216191 started to round the mark

202289 caught a wave and made contact to windward and amidships with 216191

216191 bore away when it was obvious contact was going to occur

There was no damage to 216191

202289 clear astern at the time 216191 reached the zone, failed to give 216191 mark-room breaking RRSs 18.2(b) & 14. 

 It was not reasonably possible for 216191 to avoid contact with 202289 when it was clear that 202889 was not keeping clear. 

202289 is disqualified.