THIS SECTION MAY BE COMPLETED BY ANY JURY MEMBER
Comments on rule questions, new interpretations, problems, unpopular Rule 62 (Redress) decisions, summary of the facts, conclusions and decisions of Rule 69 (Allegations of Gross Misconduct) actions, problems with Sailing Instructions or Notice of Race and experience with experimental procedures.
"A competitor asked for jury approval to move the liferaft and some spare water cans which has been sealed into position. The reason given was that the competitor was concerned that there had been a heavy impact with a sub surface object and they wished to inspect the area of the impact. The jury refused to respond but commented that the responsibility for safety is with the skipper of the boat and if there is any question of a safety risk the skipper should do what is necessary to keep the boat and it?s crew safe. Nothing that we do should remove the decision on what to do as regards safety from the skipper.
In the event that breach of seals gave rise to a protest the jury comment was that if there was a reasonable concern that the seals were broken because of concerns about safety and no advantage was gained there should be no penalty.
Rule 69
The Organisers requested a meeting in Saint Malo relating to a situation where a boat did not comply either with the requirement of NOR to stay in a dock in Quebec before the race or to remain in Saint Malo for 7 days after the race so that spectators could view the fleet. The organisers also stated that there had been no satisfactory reason given for their actions and that there had been a continuing lack of good manners. The organisers had been unable to discuss with the skipper and had been simply told, by crew members what the boat was doing.
The SI?s contained a provision whereby for non sporting breaches of the rules financial penalties could be applied to the competitor and a fine of ?23,000 was levied by the organisers.
The jury considered the issue and decided, because of the alleged breach of good manners that there should be a rule 69 investigation. Investigators, not members of the jury were appointed and a report provided. Following this report a rule 69 hearing was held.
Facts found (summary)
The boat arrived in Quebec three days late on 6th July 2016, and entered the harbour finally on 10th July 2016. Organisers and the boat did not communicate what conditions would be required to enter the basin.
The boat finished the race at Saint Malo on 19th July 2016 at 2317 and berthed within 20 minutes. The mooring provided was same as was for previous Route de Rhum edition. However, not with the same safety provisions. Within 24 hours the boat decided to leave Saint Malo.
CONCLUSIONS
There was a breakdown in communication between organising authority and the boat.
The International Jury did not establish to its comfortable satisfaction bearing in mind the seriousness of the alleged misconduct that competitor has broken rule 69.1(a).
DECISION
Allegations of breach of 69.1(a) were dismissed."
Ner of classes: 4
Entries: 31
Ner of Countries represented: 7
Ner of Races sailed: 1
Ner of requests for redress: 0
Ner of requests for redress for OCS: 0
Ner of requests for OCS granted: 0
Total number of hearings: 1
Total number of arbitrations: 0
Number of % penalties: 0
To be completed only if Appendix P was applied.
Number of First Penalties (Appendix P2.1): 0
Number of Second Penalties (Appendix P2.2): 0
Number of Third Penalties (Appendix P2.3): 0
P2.3 Subsequent Penalties: 0
Event:
Transat Quebec - Saint Malo
Date Event Started
10 July 2016
Event Location:
Quebec & Saint Malo, CAN
Group Event belongs:
P - North America
Jury Chairman's name:
David Brunskill
Jury chairman's email:
david@brunskills.com
Judge submitting report:
David Brunskill
Email of judge submitting report:
david@brunskills.com
PRO at event :
Sylvie Viant
PRO sailorID and status:
Email of PRO:
sviant@orange.fr
Was this an International Jury Panel ?
Yes
Please name each judge (including the chairman) and their country and IJ or NJ certification. one per line
Baran Neven IJ/CRO CRONB1
Dyer Kathy IJ/CAN CANKD4
Fabry Jean-Louis NJ/FRA FRAJF3
Menin Henry IJ/ISV ISVHM1
Nyqvist Lars IJ/FIN FINLN3
Piggin Hugh CJ/NZL NZLHP3
Priol Georges IJ/FRA FRAPG35
Procter Stephen IJ/GBR GBRSP19
Spijkerman Jos IJ/NED NEDJS16
Baran Neven IJ/CRO CRONB1
Dyer Kathy IJ/CAN CANKD4
Fabry Jean-Louis NJ/FRA FRAJF3
Menin Henry IJ/ISV ISVHM1
Nyqvist Lars IJ/FIN FINLN3
Piggin Hugh CJ/NZL NZLHP3
Priol Georges IJ/FRA FRAPG35
Procter Stephen IJ/GBR GBRSP19
Spijkerman Jos IJ/NED NEDJS16
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