GER tacked onto starboard approx 7-8 boat lengths from the windward mark. TURN was approaching the windward mark on the port layline. At 4 boat lengths to the mark GER hailed at TUR as they were clearly not crossing. It became clear that TUR were not going to keep clear. At approximately 1 boat length from the mark GER came up to try and avoid a collision but TUR collided with GER.
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 scenario and presented evidence.
Andy Wibroe from the Technical Committee was an observer.
Validity:
There was damage to both boats and and both boats were aware of this and retired.
Scenario:
Wind 18 knots, Wave height 1-1.5 meters.
La Pericolosa was approaching the windward mark for the second lap of race 4 and tacked onto starboard at a distance of 7 lengths from the mark onto the starboard layline.
La Pericolosa continued on a close hauled course on starboard tack.
Eker Suzme was close hauled on port tack on a collision course with La Pericolosa.
At a distance of 1 boat length from the mark, La Pericolosa turned sharply to windward.
Eker Suzme continued to sail on port tack without changing course.
At half a boat length from the mark, there was contact between the boats.
Eker Suzme's bowsprit snapped in half and the port shroud of La Pericolosa buckeled. Eker Suzme and La Pericolosa both retired.
At the time of the incident, La Pericolosa was in second place and the closest trailing boat was several lengths behind.
La Pericolosa was unable to effect repairs before the start of race 6.
Validity:
At the time of the incident it was obvious to both boats that serious damage resulted and the protest is valid under rule 61.1(a)(4).
Scenario:
Eker Suzme failed to keep clear of La Pericolosa and broke rule 10.
Eker Suzme did not avoid contact and broke rule 14.
At the point it was clear that Eker Suzme was not keeping clear of La Pericolosa it was not reasonably possible for La Pericolosa, the right-of-way boat, to avoid contact and therefore she did not break rule 14.
La Pericolosa's score in races 4, 5 and 6 was made significantly worse through no fault of her own due to serious damage caused by Eker Suzme breaking a rule of part 2, and is granted redress.
Eker Suzme took the appropriate penalty which was to retire as per rule 44.1(b).
No further penalty is applied to Eker Suzme.
La Pericolosa is scored second place in race 4, and will be given average points for races 5 and 6 based on the average of all other races except the final race.