| Click Here for Series Results | Click Here for Printer Friendly Version |
| Protest 11 |
| Da Vinci Nina v Race Committee (Request for Redress) (Race 4) |
| Abstract DA VINCI NINA requested redress claiming that she had been scored DNF (Did not finish) when she had in fact finished at a shortened course finishing line. She claimed she stopped racing after going through a gate where she saw a shortened course signal (a board depicting flag S) together with her class board (blue/red). There was another board (white/pink) also displayed relating to another class. Two members of the race management team on board the race committee vessel at that gate explained that DA VINCI NINA’s class had not been shorted at the gate and at no time had a blue/red board been displayed. A blue/pink board (along with a white/pink board) had been displayed relating to two other classes. DA VINCI NINA brought three crew members who all claimed they clearly saw their blue/red signal. The signal boards were shown in evidence and the pink on the blue/pink board was considerably redder than the pink on the white/pink board being displayed adjacent to it. The Jury therefore concluded that DA VINCI NINA had mistaken the blue/pink board as their blue/red board, and that this was a reasonable interpretation, given that the two ‘pinks’ were dissimilar. The Jury decided that although the Race Committee had made no error (because it had displayed the correct boards), the Organising Authority had made an error in not ensuring that the ‘pinks’ were the same. The Jury awarded redress by awarding DA VINCI NINA 9th place, and after receiving evidence that STORM was satisfied that had the error not occurred DA VINCI NINA would have finished ahead of her, STORM is to be scored as 10th. |
| Facts Found 1. Race Committee displayed shortened course flag and the correct class flag. 2. The colours of the class flag were not clearly distinguisable. |
| Rules r62.1 |
| Conclusion The Race Committee displayed a flag which was easily mistaken due to its indistiguisable colouring. |
| Decision Da Vinci Nina is awarded points equal to 9th place and Storm is awarded points equal to 10th place. |
| Committee Bryan Willis (IJ) Mark Pryke (IJ) Al Chandler (IJ) Prasart Sribadhung (IJ) Egil Wold (IJ) |
