From “The Room” by Brass
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, and have heard both parties and witnesses as shown.
The protest form is as shown.
Elver having been given proper notice by the Race Committee, did not attend the hearing.
Driftwood's Description of the Incident
I was steering Driftwood. I observed that Elver did not round the Liberty Point Mark as required by the Sailing Instructions.
When we next came within hail, I hailed 'Protest, you did not round the Point Liberty Mark'.
Elver gave no response.
Protest Committee's Questions to Driftwood
Q. Did you display a red flag?
A. No. I do not own a red flag..
Protest Committee's Assessment of the Evidence
Your fellow protest committee members agree that this should be a really easy protest to write up and suggest that you can do it in record time, but remind you that protestors can be really sensitive in cases like this, so don't make any mistakes..
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.