Hearing Decision

Procedural matters: 

1. Hearing No. 2 was heard together with hearing No. 4 in accordance with RRS 63.2 since both hearings arose from the same incident.


2. Sukkyong Kim (jury member) attended the hearing as an observer.    


3. NZL169 was represented by Vlad Misescu.


4. GER164 was represented by Siddhartha Hummler.


5. Josh Tuck (NZL 421) attended the hearing as a witness for GER164.


6. Gabrielle Dalton-Watson (NZL 444) attended the hearing as a witness for GER164.


7. NZL169 presented video evidence.


8. During the hearing the protest committee clarified in accordance with RRS 64.1(c) that the hearings requests were not only protests but also requests for redress and proceeded with it accordingly.


9. GER 164 did not come to the hearing when the protest committee gave the decision.

Facts found: 

1. The wind was approximately 10 knots with moderate seas.


2. Slalom Course was the designated course for race 8.


3. NZL169 and GER164, both on starboard tack, were reaching towards the starting line to start, 15 seconds before the starting signal.


4. NZL169 was overlapped around one board length to leeward of GER164.


5. NZL held her course while GER164 bore away and contact occurred between the head of NZL 169 and the boom of GER 164.


6. Immediately after the contact, GER164 capsized on top of NZL169 who then also capsized.


7. NZL169’s boom was damaged and GER164’s sail was torn.


8. Neither board started and both boards retired from race 8. 

1. GER164 to windward failed to keep clear of NZL169 to leeward, and broke RRS 11.


2. GER164 did not avoid contact when it was reasonably possible, and broke RRS 14.


3. It was not reasonably possible for NZL169, the right-of-way boat, to avoid contact with GER 164 when it was clear that GER 164 was not keeping clear. NZL169 did not break RRS 14.


4. Since GER 164 caused serious damage, her penalty was to retire as required by RRS 44.1(b).


5. NZL169’s score in race 8 was made significantly worse through no fault of her own by capsizing because of the action of GER 164 that broke RRS 11 and 14 and took the appropriate penalty. Therefore, the requirements for redress in RRS 62.1(b), as changed by RRS B5.62, are met.


6. GER 164’s score in race 8 was made significantly worse through her own fault. Therefore, the requirements for redress in RRS 62.1 are not met.

The protest is upheld. Since GER took an applicable penalty, she is not further penalized under RRS 64.2(a).

Redress is given to NZL 169. NZL 169 is to be scored in race 8 points equal to the average, rounded to the nearest tenth of a point (0.05 to be rounded upward), of her points in all Slalom races sailed on 29 November 2024 except race 8. No other boat’s score shall change.

Redress is not given to GER164.