CASE 48
Rule 63.2, Hearings: Time and Place of the Hearing; Time for Parties to Prepare
Part 5 of the racing rules aims to protect a boat from being
unfairly treated, not to provide loopholes for protestees. A
protestee has a duty to protect herself by acting reasonably
before a hearing.
Facts
Boat Y was protested by boat X over an incident between them. Y was
disqualified, and she appealed.
Her appeal alleged that, contrary to rule 63.2, Y’s representative became
aware that a hearing was being held only when he was told to attend it; he
was refused permission to read the protest outside the hearing room but was
required to read it while the hearing was in progress; and he was not given
a reasonable time to prepare a defence.
The protest committee commented upon the appeal as follows: the time of
the hearing was posted on the official notice board; X’s protest was lodged
with the race office and was available for reading for well over an hour prior
to that time; her representative informed Y’s representative that the protest
had been lodged; he made no effort to prepare a defence; and he had to be
summoned from the club’s dining room when the protest committee, the
other party, and the witnesses were assembled and ready to proceed.
Decision
Y’s appeal is dismissed for the reasons given by the protest committee in its
comments. Y’s representative knew that his boat was being protested, and
it was his duty to protect himself by acting reasonably, which included
seeking out X’s protest form, reading it, and using the ample time available
to prepare his defence.
GBR 1980/5