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19. Facts found: As shown at
left, Internut (port) was
approaching
Modemoiselle (starboard)
on the beat. Internut
tacked slightly to leeward and ahead of Modemoiselle who protested. Al's note: This is a tricky case for the Protest
Committee. The tacking rule (13)
no longer contains the clause that puts
the onus of proof on the tacking boat.
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Internut claims Modemoiselle did not have to
begin to keep clear until after the tack was complete. Modemoiselle is sure she luffed
to avoid hitting Internut
before the tack was complete. At this point,
the PC will be hoping that someone has witnesses to call. Failing that,
it will come down to who can convince the PC that his version is the
more likely.
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.....
Decision:
Rule
13 applies but it's a
toss-up as to
whether Internut
broke rule 13. If I were on the
PC, I would
be looking for evidence such as
- how
close did the hulls come to each other?
- did
Internut
yell "Tack complete!" and what was the exact position of the boats at
that moment?
- was
either helm's testimony presented in a way that casts doubt on his part
of the story in the conflicting areas?
Finally,
my own personal attitude is that, everything else being equal, I would
hesitate to disqualify a boat if I were only 50% sure that a foul had
been committed.
.....
case #20
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