ROE have to duck 3 boats and go below SUI. GBR did not give room. ROE called for room for long time and GBR tried to give room but in the end not enough. ROE had no chance to avoid collision spin out by GBR. Due to damage ROE had to abandon all race of the day. Request redress.
Jury: Craig Mitchell (Chair) - IJ - GBR; Jean Miltiade Bouyoukas - IJ - FRA; David Hudson - IJ - RSA (remote); Alessandro Pezzoli - NJ - ITA; Tom Cheney - GBR.
Jury member Craig Mitchell witnessed the incident and gave evidence.
Wind speed was 18 knots with a 1m swell. Both boats approaching mark 1 on port tack. Essentia bore away to dip several boats on starboard tack and was on a reciprocal course to the boats sailing upwind. Terrible joy was close hauled overlapped to leeward with Essentia. Both boats were aiming to pass astern of Black Star who was on starboard. Terrible Joy was initially giving room to Essentia to pass astern of Black Star. Terrible Joy were unable to bear away further due to sail trim and subsequently broached making contact with Essentia which caused damage. The damage to Essentia was a snapped 3rd stantion (from the stern) and a broken top guard wire. Essentia retired from race 1 and was unable to effect repairs until after the conclusion of race 3. Terrible Joy did not take a penalty.
Terrible Joy failed to give room to Essentia to pass between her and an obstruction (Black Star), breaking rule19. Terrible Joy also broke rule 14 by failing to avoid contact. Essentia broke rule 11 but is exonerated under R43.1(b) because she was sailing within the room to which she was entitled. At the point at which it became clear that Terrible Joy was not giving room Essentia was unable to avoid contact and so did not break rule 14. Essentia was unable to continue in race 1 or compete in race 2 and 3 through no fault of her own due to serious damage caused by a boat breaking a rule of part 2.
Terrible Joy is disqualified in race 1. Essentia granted redress for Races 1, 2 & 3. The redress granted to Essentia in races 1, 2 and 3 is average points in all other races sailed excluding the final race subject to the limitations in Case 116.