21. Facts found:  In about 25 knots of breeze, More-On (port) was converging with Doomed Dancer (starboard) near the windward mark. More-On tried to bear away behind Doomed Dancer but a gust hit and More-On was unable to bear away enough to avoid a collision which holed and sank Doomed Dancer. More-On sailed past Doomed Dancer's three startled crew members without offering to assist them in the wavy, frigid waters, but More-On did indicate that he would protest Doomed Dancer's failure to avoid a collision. The windward mark boat witnessed the entire incident and had to come to the rescue as More-On sailed away.
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Decision:  More-On's protest under rule 14 is disallowed since she was the boat that was in a position to avoid the collision while Doomed Dancer was not. Further, since More-On was a party to this protest, she is subject to being penalized as per rule 64.1(a). More-On is disqualified for the following reasons:

  • she broke Fundamental Rule 1.1 by not even offering to help those in danger
  • she broke rule 10 and 14

case #22
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