From “The Room” by Brass
Introduction
The aim of this series is to practice judges' skills in writing Facts Found, Conclusions and Rules Applicable, and Decisions as required by rule 65.1. These are not intended to be 'difficult' rules problems: concentrate on the writing skills. You are not expected to 'discuss' the rules or the scenarios, or enter into 'what-if' considerations. I suggest you write against the clock, and include a note of your time taken when you post your answers on LTW, to compare with others.
Hearing and Evidence
You are the scribe for the protest committee of the LTW Yacht Club, which races in Port Liberty Roads. You have received a written protest, decided it is valid, and have heard both parties and witnesses as shown.
Description of Incident
The description of the incident from the protest form is as shown.
Gullwing and Heron are 10m keelboats.
Wind conditions were about 10kts. Sea conditions are slight waves.
 | Gullwing responded to Flotsam who was shooting the finish mark. In the act of keeping clear of Flotsam, Gullwing collided with Heron, on port tack Gullwing protests Heron for failing to keep clear under rule 10. Contact occurred without damage or injury. |
The Hearing
Gullwing's Description of the Incident:
I was steering Gullwing. We were on the starboard tack lay-line for the finish mark, with Flotsam to leeward, overlapped, advanced on us by about half a boat length. Heron had finished clear ahead of both of us.
About 10m from the mark Flotsam luffed moderately hard to shoot the finish mark, and I responded to keep clear. I saw Heron to windward and expected her to gather way and sail clear.
Heron seemed to be in confusion, and did not trim sails and sail away, remaining stalled in the same position.
I continued to keep clear of Flotsam and collided with Heron. There was no damage or injury.
I was unable to change course away from Heron because there was no room between me and Flotsam.
I hailed 'protest' and my crew immediately displayed a red flag.
Heron's Questions to Gullwing
Q. Was Heron clear ahead when she reached the zone?
A. Yes.
Q. For how long was Gullwing on a steady course before she hit Heron?
A. Gullwing was changing course when she hit Heron.
Protest Committee's Questions to Gullwing
Q. How far towards the wind did you alter course?
A. About 25 degrees above close hauled, but not as high as head to wind.
Q. Did you do any penalty turns in respect of the incident?
A. No.
Heron's Description of the Incident
Heron had finished about 30m ahead of Flotsam and Gullwing, and I tacked immediately I had crossed the line to get clear of the finish pin which Flotsam and Gullwing were aiming for.
In the tack my weather sheet jammed, my jib did not cross the boat, and I stalled and lost way with the headsail aback.
I saw Gullwing changing course towards me but I was unable to avoid her.
In any case I reached the zone clear ahead and Gullwing was required to give me room.
Gullwing's Questions to Heron
Q. Were you sailing towards the mark or away from the mark?
A. Away from the mark.
Q. How far from the mark were you when contact occurred?
A. About a boat length.
Protest Committee Questions to Heron
Q. Did you hail Gullwing to claim mark-room?
A. No.
Q. Was there any injury or damage?
A. No.
Q. Did you do any penalty turns in respect of the incident?
A. No.
Gullwing's witness evidence
I was the skipper of Flotsam.
We were just below the starboard tack lay-line for the finish mark, with Gullwing to windward, overlapped, with us advanced by about half a boat length. Heron had finished clear ahead of both of us.
About 10m from the mark I luffed to shoot the finish mark, and Gullwing responded and just kept clear.
I then heard sounds like contact between two boats, glanced to windward and saw Heron close to windward of Gullwing.
I then heard a hail of 'Protest'.
Protest Committee Questions to Gullwing's witness
Q. How far did you clear the finish mark by?
A. I just cleared it, not more than half a metre.
Q. How far was Gullwing from you when you cleared the mark?
A. About 1 metre or less.
Gullwing Summing Up
Gullwing was on starboard, Heron was on port. Heron did not keep clear.
Heron lost her right to mark-room when she passed head to wind.
Heron should be disqualified.
It was not reasonably possible for Gullwing to avoid contact with Heron.
Heron's Summing Up
Heron was entitled to mark-room which Gullwing failed to give.
Gullwing hit Heron while changing course and should also be disqualified under rule 16.
Protest Committee's Assessment of the Evidence
Your fellow protest committee members agree that the evidence given, and the diagram in the written protest is reasonably consistent.
Problem
Write Facts Found, Conclusions and Rules Applicable and the Decision for this protest.
Please post your effort on LTW, for us all to share and learn. Don't be shy.