| Click Here for Series Results | Click Here for Printer Friendly Version |
| Protest 16 |
| Voodoo Child v Twin Sharks (Race 5) |
| Abstract TWIN SHARKS asked to reopen case 12. At the conclusion of the original hearing, the Jury chairman had informed the parties that TWIN SHARKS would be penalised by one place (making her equal second) and that there would be no first place. However, the results showed she had been penalised two places (to 3rd) and the other two had moved up one place (to 1st and 2nd). The Jury chairman explained that after several hearings, the Jury had discussed and agreed on a policy on how the Jury should use the discretion on penalties given to it in the Sailing Instructions and applied the policy retrospectively. In addition, the Jury had been informed that there were in fact 7 boats in the fleet rather than 5 (so 20% of 7 rounded up became 2 places rather than one). However, TWIN SHARKS informed the Jury that of the 7 entrants 2 had not showed up to sail and had not registered. The Jury’s decision was that only boats actually registered would count and therefore the penalty would be 20% of 5, which is one place, but that the policy of moving other boats up when a boat is penalised would stand. Therefore TWIN SHARKS will be rescored as second, and the boat that was originally scored 2nd will be awarded 1st place. The boat that had originally been scored 3rd would remain in 3rd. |
| Facts Found |
| Rules |
| Conclusion Jury erred I calculating the penalty. The total fleet size was 5 not 7 therefore the penalty should have been 1 place not 2. Twin Sharks should be scored in second place |
| Decision |
| Committee Bryan Willis (IJ) Mark Pryke (IJ) Al Chandler (IJ) Prasart Sribadhung (IJ) Egil Wold (IJ) Howard Elliott (IJ) |
