CASE 136
Rule 29.1, Recalls: Individual Recall
Rule 63.6, Hearings: Taking Evidence and Finding Facts
In finding facts, a protest committee will be governed by the
weight of evidence. In general, a race committee member
sighting the starting line is better placed than any competing
boat to decide whether a boat was over the line at the
starting signal and, if so, whether she returned to the prestart
side and started.
Facts
At the starting signal, the race committee member sighting the line judged
three boats to be over the line. Flag X was promptly displayed with a sound
signal, and it remained displayed for the required amount of time (see rule
29.1). Another race committee member, at the other end of the line,
confirmed the identity of the three boats and that they had not returned to
the pre-start side of the line and started. All three boats were scored OCS.
One of these three boats completed the course and finished first. On learning
that she had been scored OCS, she requested redress, maintaining that she
had returned to the pre-start side and started. She called as witnesses two
other competitors who had been close by and who believed that she had
returned and started.
Question 1
May the decision of the race committee that a boat has not started be overruled
on the basis of other evidence? If so, in what circumstances?
Answer 1
Yes, if the protest committee is satisfied on the weight of the evidence that
the race committee members sighting the line and observing the boats after
the starting signal were not watching while the boat was crossing the starting
line or carrying out the returning manoeuvre, or were mistaken as to the
identity of the boat.
Question 2
In assessing the weight of evidence in such a case, should the protest
committee attach more weight to that of race committee members?
Answer 2
The evidence of race committee members, who are in the best position to
judge, is usually more reliable.
Question 3
If the issue is simply whether a boat was ‘over’ the starting line, or whether
it had ‘wholly’ returned, is a person who was not in a position to sight along
the line a competent witness?
Answer 3
See Answer 2. A race committee member sighting directly along the line at
all relevant times is in the best position to make such a judgment.
RYA 1984/8