Received an Email from the Judge who keeps track of all the Jury reports and publishes them in the IJ-Report web site. He presented the following case:
Part of the IJ Report from the "International 420 & International 470 Open Junior European Championships" might be something you would consider for your blog....
"Two judges observed an incident involving a protest between two boats and gave evidence at the hearing. The two judges did not raise a jury protest about the incident as a protest had already been submitted by a competitor.
During the hearing the evidence of jury members and others made it apparent that a third boat, not referred to in the protest form and not present at the hearing, was involved in the incident. Accordingly the jury initiated a protest under rule 60.3(a)(2).
At the second hearing a party argued that the jury should not be permitted to initiate the jury protest. Jury members had observed the incident and thus the jury was obliged under rule 61.1(b) to inform the boat after the race within the time limit of rule 61.3 and had not done so.
In the view of the international jury
a) the jury could extend the protest time if there was good reason to do so.
b) In any event, rule 60.3(a)(2) was appropriate
However it could be argued that there is conflict between the provisions of 60.3(a)(2) and rule 61.1(b). It is intended that this issue be drawn to the attention of racing rules committee."
In first response I have the following points.
- First there has to be the intention to protest. Look at the first sentence of rule 61.1(b). In this case, because of the protest submitted by one of the boats, it is reasonable that there never was an intention by the jury to protest. The protest could be against all boats involved. Something which a hearing would establish.
- If from the observations of the judges on the water it wasn't apparent that the third boat broke a rule, that this only became clear during the hearing, the jury was under no obligation to inform the boat under rule 61.1(b)
- There's a separate rule (RRS 61.1(c)), in which a time to inform the boat is specified for protesting under rule 60.3(a)(2), so rule 61.1(b) does not apply.
If you have another opinion or want to comment, please don't hesitate to use the comments button.