Ericsson 3 penalised one point after breaching exclusion zone on Leg 3

4:26 AM Fri 9 Jan 2009 GMT

'Jury Chairman Bryan Willis. Ericsson 3 has been penalised one point after the International Jury ruled they breached an exclusion zone during leg three from Cochin, India to Singapore.' Dave Kneale/Volvo Ocean Race &copy Click Here to view large photo

Ericsson 3 has been penalised one point after the International Jury ruled they breached an exclusion zone during leg three from Cochin, India to Singapore.

The Race Committee had filed a protest against Ericsson 3 after reviewing the position data recorded in race headquarters and on the boat itself during leg three. The data appeared to show Ericsson 3 had sailed into an area the Race Committee had declared 'out of bounds' prior to the start.

In the protest hearing, Ericsson 3 navigator Aksel Magdahl acknowledged that the team had entered an exclusion zone defined in the leg three Sailing Instructions as being to the south of two points laid on a west to east axis to the south of Sri Lanka.

He said the team was sailing in difficult conditions in light wind against a strong current, when he realised his boat had sailed north of the line and into the exclusion zone. As soon as they realised where they were, Magdahl says he directed the helmsman to sail immediately to the south to return to the correct side of the line defining the zone.

According to position data recorded from the Ericsson 3 GPS unit, the time spent to the north of the theoretical line was three minutes and forty seconds. In addition, Magdahl noted that the unfavourable angle the team was forced to sail to get south as quickly as possible meant no advantage was gained. He said the breach was an honest mistake: 'We could have stayed out and we didn't.'

'It was not our intention to be in there and we made every effort to get out as soon as we realised where we were,' said Magdahl when asked by the Jury as to what would be an appropriate penalty. 'We did not gain and this had no positive influence on our result so I think we should not be penalised.'

But the Jury disagreed, ruling:

'Ericsson 3 accepted that she infringed Leg 3 Addendum Clause 2 which required boats to pass to the south of the Sri Lanka exclusion zone.

The jury has taken into consideration that the breach was inadvertent, that Ericsson 3 took immediate steps to exit the exclusion zone as soon as she realised her error, that she cooperated with the race committee in providing the relevant evidence, and was in the exclusion zone for only 3 minutes 40 seconds.

Taking all these matters into consideration and using its discretion regarding penalties given to it in NoR 3.5(b) the Jury has decided that the appropriate penalty shall be the deduction on one point for Leg 3. (Points for the other boats in the fleet shall not be affected).

The loss of one point leaves Ericsson 3 with 22.5 points, but doesn't affect their fourth place position on the overall leaderboard, behind PUMA and ahead of Green Dragon.

by Peter Rusch

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Ericsson 3 penalised one point after breaching exclusion zone on Leg 3

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