9:53 PM Tue 26 May 2009 GMT
Sail-World is happy to publish our readers' views an opinions on the America's Cup. Please address your contributions to nzeditor@sail-world.com:
Sender: Larry Goss
Message:
This is a petty argument is between two rich people and has accomplished nothing other then the loss of interest in sailing by the masses; the very people that buy the stuff advertised on the sails of America's Cup yachts. Further argument will do nothing except contribute to the ultimate demise of the sport.
All arguments relating to the America's Cup that can not be resolved, should be settled on the waters off Newport, Rhode Island, the historic home of the sport. Afterwards, the winner should be entitled to take the race anywhere.
LGoss
Sender: Ken LeMee
Message: This whole AC court stuff needs to be the 'DEATH of the AMERICA'S CUP.'
The decision to drop 19 other teams in favour of the 2 multi-hull racers just shows the knee-jerk remains of this once great sport.
This isn't match racing...just whoever gets off the line best will fly off and the race is over baring mechanical failure after 10 minutes.
The AC Cup should be taken by Ernesto and dropped down the Marianas Trench and let sailing evolve to its rightful place....The Louis Voutton Series...A real World Cup of Sailing. Where protests can be decided by CAS (court of arbitration for sport, like every other major World sport) and not decided by the biased US Courts....
Drop the Cup and move the sport on, before it goes back to anominity as prior to 1980's.
Sender: Jane May
Message: Could you please clear something up for us? When you say that the boat needs to be constructed in Switzerland, how will alinghi prove it has finished it's construction phase? Do they need to launch it in Switzerland? Otherwise, when they take it apart to move it to an 'arm of the sea', how will we know that they are actually using all the pieces they supposedly constructed in their country of origin....please don't tell me we have to 'take their word for it'?
Sail-World replies:
In sailing there is a very long and strong principle that you do 'have to take someone's word'. The reason being that if this were not the case, then all sorts of allegations could be bandied about and an International Jury would spend its whole time investigating these from an independent perspective, and generally they have better things to do.
However there is an equally strong principle in sailing that lying, or even being selective or parsimonious with the truth is also a very serious matter, and that is why the penalties for this are quite severe - often resulting in an international suspension from the sport for a period of up to two years.
Then the America's Cup. In the first instance, people and certificates they issue are taken at face value. However if those are challenged (with some basis in fact for that challenge) then the matter would be taken to an Int Jury or the NY Supreme Court (if it were a complaint under the Deed of Gift and no Int Jury had been appointed.)
I don't think there has been a case in Cup history on the Constructed in Country (CIC) provisions of the Deed of Gift and Event Protocols. If there were I would expect that (a) there would have to be some basis of the allegation - by way of photo or document, and that the other party would have to respond with a photo or document to prove that they had complied with CIC in respect of the component used in the Match.
The charge should be an easy one to defend and difficult to prove - which is probably why they are uncommon.
For Alinghi to prove that they had built the boat in Switzerland, they would have to show invoices and delivery documents for the carbon and materials in the requisite amount being delivered to the Swiss building facility. They would have been wise to take time stamped photos of the construction process, and maybe have these notarised in some way by an independent witness.
Often the media are invited to the build facility and are allowed to see and report and publish limited photos - this happened with the Plastic Fantastics in NZ, plus the Big Boat and others have been photographed being trucked to the launch facility in NZ.
If Alinghi did launch and sail in Switzerland, that would clear the matter to a large extent.
People are aware that Alinghi have time booked in Minnen (USA) for the construction of sails, however the view is that these are legal being outside CIC rules provided they are used for check purposes only and the sails used in DoG match must be built in Switzerland. Whether they have such a facility (including sailcloth build) is another issue.
Spars must also be CIC, but these are commonly constructed in the building facility.
Quite what they do for blocks and winches and running gear is another matter - it would be very difficult to comply with the letter of the CIC rule for a boat constructed anywhere but USA.
Sorry about the length of this answer, but I hope it helps - might spin it into a column before we get too much older.
>b>Sender: Ross Harraway
Message: Regarding the A.C. I'm fed up to the back teeth with what's going on.The only people making any money are the lawyers..I mentioned to you some time ago that I believe the cup should be run by a group of persons from different countries,and have control of everything from start to finish..This way there'd be no more court cases..I feel someone should get off their butt,arrange cancelling all on the books now and start affresh.I guess wishful thinking..Thanks Richard...R.Harraway
Sender: John Meredith
Message: Richard: Regarding your article on the now-likely multihull DoG match between Alighi and BMW Oracle, SNG DOES NOT have the legal right to issue a date for the match. Should SNG publish a date of May 2010, all that need be done is for GGYC to then publish an announcement that the match must be sailed on or before 8 February 2010, per the NY Supreme Court order. SNG is then required to publish an announcement of the Southern Hemisphere venue for the match by 8 August 2009. Failure to do so will constitute forfeiture of the Cup, and GGYC can easily obtain an order from the court to that effect. The issue is pretty simple, really.
by Various correspondents
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