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18 August 2008, 12:27 pm
49er Protest Decision Published
Sailor's Jonas Warrer and Martin Ibsen of Denmark onboard the 49er of Croatia
Sailor's Jonas Warrer and Martin Ibsen of Denmark onboard the 49er of Croatia

2008 Beijing Olympic Games
Qingdao, China

The Decision of the International Jury in the protest relating to Sunday's 49er Medal Race has been published.
The Race Committee protested the Danish 49er because they had sailed the Medal Race in a boat borrowed from the Croatian crew (who were not competing in the Medal Race) after the mast on the Danish 49er snapped shortly before the start. The Protest hearing and Jury deliberations went on late into the night on Sunday and just before 01:00 was adjourned until Monday morning.

You can read our reports on the incredible 49er race and on the protest outcome and the reaction from the Danish and Spanish crews in the news section of our Skiff - 49er event page here.

The decision of the International Jury is available to view in our Protests & Communications section here and is also repeated in full below.

Event: 49er - Open

Race: 16

Protestor: Race Committee

Protestee: DEN

Protest details:

Facts found:
Protest 66 RC v DEN and Protest 68 ESP v DEN were heard together and under Medal Race Sailing Instruction Addendum Q 5.5(b). Sailing to the start, DEN capsized and broke her mast. This resulted in significant damage including the mainsail, gennaker and mast step. DEN returned to shore. It was not possible for DEN to repair the damage in the time available and DEN arranged with CRO to use the CRO boat. DEN, through their coach, at the first reasonable opportunity notified the Race Committee of the replacement 15 minutes before the warning signal. DEN sailed to the start, started 3 minutes 57 seconds after the starting signal and completed the race. The race was conducted in winds close to the upper limits for 49er racing and in very difficult wave and tidal conditions. Every boat capsized at some stage during the race and two boats failed to finish inside the time limit. As soon as practical after coming ashore DEN submitted a written request to the Olympic Measurement Committee (OMC) for the replacement boat and presented the boat for inspection. The boat was thereafter subject to checks for compliance with the class rules and all other checks carried out on other boats during quarantine. The request for replacement was then approved by OMC in accordance with SI 21.2. The replacement boat sailed by the DEN competitors did not have the identifications required by the Notice of Race and Sailing Instructions on its sails. It did not carry a camera as required by the Organising Authority. It was not subjected to quarantine procedure as required by Measurement Regulation 13.

Conclusion:
DEN, as a boat assigned to compete in the medal race, was required by SI 19.7 to make a genuine effort to start, sail the course and finish. The OMC approved the replacement of the boat and found that it complied with class rules and all equipment inspections carried out in the Medal Race Quarantine Procedures. DEN complied with SI 21.2 and 21.3. The basis for the protest under MR 12.4 ceased to exist when the OMC approved the request. SI 2 (Additional Identification), SI 3 (Cameras) and MR 13 (Medal Race Quarantine Procedures) are subject to discretionary penalties (SI 18.7, MR 13.7). DEN did not gain a competitive advantage by failing to carry the camera (in the prevailing conditions), by failing to carry the correct identification, or by sailing a boat that had not been subjected to the Medal Race Quarantine Procedure at the required time. SI 2, 3 and 21, and MR 13 are not subject to protests by boats (SI 18.7 and MR 13.7).

Rule(s) applicable:
SI 19.7, MR 13, NoR 3, SI 2, 3, 18.7, 21.2 and 21.3.

Decision:
Refer to Protest Decision

Short Decision:
The protest by ESP under SI 21.2 and SI 21.3 is invalid. The protest by the RC is dismissed. No discretionary penalties imposed.

Jury:
John Doerr (chair), David Tillett, Marianne Middelthon, Takao Otani, Josje Hofland

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