25. I was once involved in a case very similar to Case 24 (in the 1979 Wayfarer North Americans at Tawas Bay YC), only it was on a starting line that was virtually impossible to cross on starboard tack. If you’ll bear with me, I’ll get to the reason why this case can teach a useful rules lesson.
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W3854 (windward) and W2488 (leeward) were approaching the start line close-hauled on port tack in an 8-knot breeze. They were bow to bow and about two metres apart as shown on the left. They were on a collision course with W735 who was sitting close-hauled on starboard with about five seconds to go til the ‘gun’. 
W3854 asked W2488 for room to pass astern of W735 but W2488 did not give room. In squeezing in astern of W735, W3854 collided with both W2488 and W735. W735 protested W3854 who in turn protested W2488.
We (3854) went on to win that race and after Saturday’s racing looked to be in excellent shape to win our first North Americans in 16 years of trying. But that was before the protest hearing.
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Two of the three helms were present and accounted for: W735 and I. The Protest Committee Chairman informed me that if I wanted to protest W2488, I’d better go find him. Not wishing to offend the PC, I went off and scoured the State Park campgrounds next door until I finally located W2488, a relatively inexperienced racer. So, the hearing finally got underway. W2488 was invited to tell his story first, which he did.
After the second time he had said to me: “Isn’t that right, Al?” and I had agreed, the Chairman said to me: “You’re influencing him too much! Go outside until we call you!”
I knew this was not acceptable procedure but thought: “What the heck? What can go wrong?” Famous last words!!
Five minutes later, I was called in and was told: “You’re disqualified.” I tried to explain that I had not been given an opportunity to state my case, etc. etc. Finally, I gave up and informed them I would appeal. I wasn’t an expert on this aspect of the rules, but knew enough to ask for a written decsion in order to be able to appeal.
The Chairman at first said: “You Canadians! You expect us to help you appeal???!!!” But when I showed him the rule in the book, he grudgingly handed me the written copy. Since the “Facts found” section was blank, I asked him as politely as I could still manage, would the Committee please fill in the facts found. “Facts found?!” he exploded. “You have the facts found!! You’re disqualified!!!”
Not to say I’m overly competitive or anything, but even with the excellent free dinner served up by the Tawas Bay YCthat night, I just couldn’t eat, I was so upset. Finally, our CWA Chairman, Bill Rogers, came along and asked what was the matter. I explained the situation to him and that I was pretty sure I’d win the appeal, but that would be next year some time, and meanwhile my chances of winning here and now were largely down the drain. Bill came up with the solution that would not require an appeal. What could be done here that’s more immediate than an appeal?
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answer
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