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11:53 AM Sun 24 May 2009 GMT
As relations become increasingly strained between the two protagonists in the 33rd America's Cup, another exchange of letters took place late last week, which we republish here:
The first came from Societe Nautique de Geneve and was dated 21 May 2009, and was addressed to Golden Gate Yacht Club, and personally to Russell Coutts and Tom Ehman of BMW Oracle Racing.:
Dear Commodore Young and Messrs. Coutts and Ehman,
We have been informed that Messrs. Ehman and Coutts have on behalf of GGYC and its racing team BMW Oracle invited the media to a press conference today at its Valencia racing base, with the stated purpose of arguing that SNG must choose either Valencia or a Southern Hemisphere venue as the site of the next America's Cup.
We invite you to refrain from any declaration at this Press Conference that would be contradictory to the last Court Orders of Justice Kornreich and Cahn, which stated that: SNG is entitled to select Valencia 'or any other location' for the next Cup, which means any Northern or Southern Hemisphere venue. We draw you attention to the fact that any wrong declaration you may make will create uncertainty, will jeopardize SNG efforts to select a proper venue in the Northern Hemisphere and will create a significant material damage to the America's Cup trust.
With today's letter, we want to repeat again that SNG will specify Valencia or any other venue in the Northern or Southern Hemisphere in due course. We note that in July in 2008 in a press conference, held in Munich (Germany), just 2 months after Justice Cahn issued its order, Mr. Russell Coutts already acknowledged SNG right to select a Northern Hemisphere Venue in winter by declaring to the media that 'We think Valencia makes a lot of sense, but the Defender has flexibility to chose in Northern or Southern Hemisphere'.
If GGYC does not agree that SNG is entitled to select any venue in the Northern or Southern Hemisphere, GGYC's sole recourse is now to return to court and/or to appeal the Order. Unless GGYC immediately appeals or returns to Court and the Court modifies the existing orders, SNG will select Valencia Spain or any other venue in due course.
GGYC's media efforts are aiming to jeopardize SNG's efforts to negotiate with and select a suitable venue for the 33rd America's Cup. If GGYC, Mr Coutts and Mr Ehman do not stop their efforts to impair SNG's ability to host the next Cup and therefore cause a damage to the America's Cup trust, SNG will hold each of them directly and personally responsible for the consequences arising thereof.
Yours sincerely,
Fred Meyer
Vice-Commodore
and Chairman of America's Cup Committee
Alec Tournier
General Secretary
To which Golden Gate Yacht Club replied on 23 May 2009
Vice Commodore Fred Meyer
Chairman, America's Cup Committee
Soci?t? Nautique de Gen?ve
Port Noir
CH-1223 Cologny
Switzerland
Dear Vice Commodore Meyer,
I write on behalf of our Club, and Messrs. Coutts and Ehman, in response to your letter of May 21, 2009.
Before and after we won in Court of Appeals, SNG has consistently maintained the position in its courts papers that the Deed prohibits SNG from selecting a Northern Hemisphere venue in February, the race date required by mandate of the Court of Appeals and the April 7, 2009 judgment.
The decision last week did not, and could not, change the mandate of the Court of Appeal or the Judgment.
Rather, that decision stated (quoted from the court transcript): 'I'm just going to issue my decision at this point. At this point, in regard to Golden Gate Yacht Club's application for contempt, I'm directing SNG to hold the race as per the order of the Court of Appeals.
We see no reason to appeal that decision. It is clear to us that you may select Valencia for the February 2010 match, or an otherwise Deed-compliant venue - which you have acknowledged time and again means only a venue in the Southern Hemisphere.
Of course, you could remove some of the uncertainty that you have created, and of which your letter complains, by announcing that you have selected Valencia, which we would support. That would be consistent with Ernesto Bertarelli's announcement at the Center for Sports Business Management forum here in Valencia on March 2, 2009, i.e, that Valencia would be the venue for the 33rd America's Cup regardless which way the Court of Appeal ruled.
If, however, it is your intention to propose a Northern Hemisphere location other than Valencia, we are willing to discuss with you the the terms of an agreement to accommodate this as well.
We would be willing to have those discussion immediately to help remove any remaining uncertainty caused by your unwillingness to comply with the Court's clear mandate.
Regardless, we will not permit your club to dictate to us the terms of the match or to reinterpret the meaning of the Deed and the Judgment.
Sincerely.
Golden Gate Yacht Club
Marcus Young
Commodore
Ernesto Bertarelli's announcement of 2 March can be reviewed by clicking here
by SNG and GGYC
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