Hearing Decision

Procedural matters: 

1. The arbitrator decided that arbitration was not appropriate. 

2. Archie Ahilaeswaran (Sports Integrity Australia), attended the hearing as an observer.

3. Tom Holmes attended the hearing as a witness for 21173.

4. 211556 presented video evidence.

5. 211556 was represented by Ethan McAullay.

6. 211731 was represented by Zac Littlewood.

Facts found: 

1. The wind was approximately 15 knots with lumpy sea state.

2. 211556 and 211731 boats were sailing close-hauled on starboard tack towards the starting line to start.

3. 15 seconds before the starting signal, 211556 established an overlap to leeward from clear astern of 211731.

4. 211731 luffed and the lateral distance between the boats was half a boat width.

5. Boats then maintained their positions on a parallel course for 5 seconds.

6. 211731 then bore away and contact occurred between the body of 211556 and the hull and sail of 211731.

7. There was no damage or injury.

8. Neither boat took a penalty.

Conclusion: 

1. 211731 to windward failed to keep clear of 211556 to leeward, and broke RRS 11.

2. 211731 did not avoid contact when it was reasonably possible, and broke RRS 14.

3. It was not reasonably possible for 211556, the right-of-way boat to avoid contact with 211731 when it was clear that 211731 was not keeping clear. 211556 did not break RRS 14.

211731 is DSQ in race 8