Hearing Decision

Hearing Number: 05

Event: 2023 Musto Australian Optimist ChampionshipRace Number: 10
Protesting Boat: International JuryProtested Boat: Race Committee
Submitted Date/time:  
Hearing Details: Consideration of redress for Gold fleet regarding alleged interference on the course. All Gold fleet boats are parties to the hearing.

Facts Found

 

PROCEDURAL NOTES:

1. 18 boats submitted requests for redress concerning the same or closely connected incident. The International Jury decided to call a hearing to consider redress for the whole fleet.

2. Some parties did not attend the hearing, nevertheless the hearing proceeded as provided for in RRS 63.3(b)

FACTS FOUND:

1. The event is conducted in the waters of Pittwater, a public waterway.

2. Each day during the event a variety of vessels have passed through the course area.

3. During the starting sequence of Race 10 (F3) for Gold fleet: 

   a. two large motor yachts approached the course area from the north, heading south;

   b. a racing fleet of yachts approached the course from the south heading north; and

   c. a cruising yacht under headsail approached the course from the south heading north. 

4. After the start of race 10 the fleet spread left and right across the course.

5. The vessels approaching the course area were all of a size to be cleary visible to the fleet.

6. The vessels entered the course area and some boats on the right hand side of the course  had to keep clear of them or avoid them.

7. Some of those boats were affected by wind shadow and wake of the larger vessels. 

8. The vessels cleared the course area without further incident. 


Conclusion

 

1. By sailing a course converging with and close to vessels in the course area, the place of the boats affected were not made significantly worse through no fault of their own. 

2. The requirements for redress are not met.

 


Rule(s) applicable

 62.1

Decision

 Redress is not given.

Jury Members

 Michael Alison NZL IJ (Chairman), Damien Boldyrew AUS IJ, John Mooney USA NJ, Michal Jodlowski POL IJ, Wayne Thompson AUS NJ

Signature

 

 


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