Redress query

Apologies in advance, this isn't sailwave specific, but would welcome any
help.

The race officer started a recent Club race five minutes early. A competitor
objected but the race went ahead.
During the race the competitor who objected at the start sailed the wrong leg
and went from first to third (after having to go back and round a mark in the
right direction).
He sought redress after the race stating that he didn't have time prior to
the start to record the course. The club Protest Committee awarded him joint
first. (the position he was in at the time of the incident)
Other sailors subsequently complained (and have appealed) stating that they
also were impacted by the early start, and the true outcome should have been
to abandon the race, due to race committee error.
The original sailor granted joint first now has sufficient points to win the
series although there are still two races to go. The complaining sailors also
state that the Protest Committee didn't take due regard of the impact their
decision would have on the series overall.

I would welcome your views, i have an opinion but can't find a reference in
the rules to back it up.
Regards,
Andy

IMHO, you should not retrospectively cancel a race when it has been sailed, unless there are no other alternatives. Race Committees do make mistakes but you should avoid saying that everyone, who has spent a couple of hours racing to the best of their ability , has wasted their time.

I would suggest that the claimed disadvantaged competitor had equal opportunity to record the course as compared to the other competitors (based on the information to hand). Did the SIs state when the course would be displayed, and was that not in accordance with what happened? I feel that the Protest Committee should have ascertained if he was materially affected in a way that the other competitors weren’t, in order to award redress.

If everyone was affected to the same extent then the results as sailed should stand. If one or a minority were affected only then they should have redress. If the bulk of the fleet were affected then no redress should be given. However that’s my opinion, based on my rules knowledge! The last resort should be to can a race!

I recall a reference in Y&Y a couple of years ago where a competitor didn’t race due to a signal mix-up and didn’t win his appeal as it was deemed all competitors were affected equally.

The paragraph relating to the series results impact is irrelevant. The race should be scored on its own merits.

I’ve passed the msg on to my daughter, also an OMRO, so you may get a different reply from her.

If you like, I could forward it to an International RO for his opinion. Let me know.

Best regards - John.
John Rischmiller, mailto:john@rischmiller.com

···

-----Original Message-----
From: AMAirnes@aol.com [mailto:AMAirnes@aol.com]
Sent: 10 June 2002 23:48
To:
sailwave@yahoogroups.com
Subject: [sailwave] Redress query

` Apologies in advance, this isn’t sailwave specific, but would welcome any
help.

The race officer started a recent Club race five minutes early. A competitor
objected but the race went ahead.
During the race the competitor who objected at the start sailed the wrong leg
and went from first to third (after having to go back and round a mark in the
right direction).
He sought redress after the race stating that he didn’t have time prior to
the start to record the course. The club Protest Committee awarded him joint
first. (the position he was in at the time of the incident)
Other sailors subsequently complained (and have appealed) stating that they
also were impacted by the early start, and the true outcome should have been
to abandon the race, due to race committee error.
The original sailor granted joint first now has sufficient points to win the
series although there are still two races to go. The complaining sailors also
state that the Protest Committee didn’t take due regard of the impact their
decision would have on the series overall.

I would welcome your views, i have an opinion but can’t find a reference in
the rules to back it up.
Regards,
Andy
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Was this the first race of the day and did it START (not warning) 5 minutes before the SI’s or NOR’s stated it would?

If so, I think the PRO should have Abandoned/AP the race and started it over again. But given that he didn’t, he should have admited/acknowledged his error and thrown out the race due RCE (Race Committee Error). Sailors have to follow the rules and so does the RC. SI’s and NOR’s are part of the rules.

The fundemental aspect of racing is that it is FAIR to everyone. This race as stated wasn’t.

Just my humble opinion…

G