A decision was made by a panel of the ISAF Review Board following a hearing held in New York on 23 October 2004 of an Appeal by Juan MAJDALANI from the decision of the Federacion Argentina de Yachting to suspend his ISAF eligibility under RRS Rule 69.
Considering the mitigating circumstances, the Review Board decided that the suspension of Mr. Majdalani's ISAF eligibility is to be reduced from five to three and one-half years (3 ½) from 5 May 2003.
Summary of the Case:
During a race for the J-24 class on October 19, 2002, part of the Semana de Buenos Aires Championship Regatta 2002, a boat skippered by Mr Majdalani and crew suffered a "knockdown" resulting in the crew falling into the water. The boat recovered from the knockdown but one of the crew remained in the water. As a result of the strong wind and waves at the time the boat was driven downwind and became separated from him. Mr Majdalani and the remaining crew did not make any attempt to rescue the crew member from the water. Fortunately the crew member that became separated from the boat was picked up by another boat in the regatta.
As a result of the hearing the Review Board decided to confirm that under Rule 69 there has been a gross breach of Rule 1 which requires a serious penalty. The Review Board however, considered there were substantial mitigating circumstances which should be taken into consideration in determining the penalty respecting Mr. Majdalani's ISAF eligibility.