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.
You might like to try using the Protest Decision Wording tool from LTW.
Problem
You are the scribe for the protest committee of the LTW Yacht Club, which races in Port Liberty Roads. You have received the written protest, decided it is valid, and have heard both parties and witnesses as shown. 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.
Description of Incident – Edinburgh Evening v Freetown Forenoon
The description of the incident from the protest form is as shown.
Edinburgh Evening is a Sydney 38, 11.6m yacht.
Freetown Forenoon is a Sydney 47, 14.5m yacht.
The Hearing
Edinburgh Evening's Description of the Incident
I was steering Edinburgh Evening.
We were reaching slowly on starboard tack down the start line under easy sheets, about half a boat length back from the line and about three boat lengths from the pin with 10 seconds to the starting signal. We were doing about 3 knots.
First I heard is a hail 'Overlap'.
I turned and saw Freetown Forenoon clear astern of our port quarter about 2 to 3 meters to leeward and sailing faster than Edinburgh Evening. I hailed 'No overlap'
Freetown Forenoon became overlapped to leeward about 2.5 meters away and again hailed 'up'.
Freetown Forenoon then came up towards the wind and crashed into the stern of Edinburgh Evening, damaging the stern railing
From the first hail to the second hail, there was about 3 seconds.
On the second hail I went up.
Freetown Forenoon then came up and continued to come up until contact occurred.
I hailed 'protest' immediately and flew a red flag immediately after the boats were disentangled and Edinburgh Evening was safely under control.
Freetown Forenoon's Questions to Edinburgh Evening
Q. When did you bear away to stay below the line and the pin?
A. I did not bear away.
Freetown Forenoon's Description of the Incident
I was steering Freetown Forenoon for the pin end starting mark, from behind Edinburgh Evening, when Edinburgh Evening bore away to keep below the start line and became overlapped across the bow of Freetown Forenoon. I was unable to avoid collision.
Before the boats became overlapped Freetown Forenoon bore away to get more separation between the boats. Freetown Forenoon was doing about 5 knots.
Freetown Forenoon then came up again.
The overlap was caused by Edinburgh Evening bearing away.
Protest Committee Questions to Freetown Forenoon
Q. How far apart were the boats when they became overlapped?
A. Two or three meters.
Edinburgh Evening's witness evidence
I was trimming the mainsheet on Edinburgh Evening, sitting on the windward deck beside the wheel.
Edinburgh Evening was clear ahead of Freetown Forenoon.
Edinburgh Evening was sailing fairly slowly, reaching towards the pin.
Freetown Forenoon hailed Edinburgh Evening to go up.
Skipper of Edinburgh Evening replied 'make your call when you have an overlap'.
Freetown Forenoon bore away and accelerated.
Freetown Forenoon then came up and contact occurred between the bow of Freetown Forenoon and Edinburgh Evening half a meter forward of the transom.
Edinburgh Evening's questions to Edinburgh Evening's witness
Q. Did Edinburgh Evening bear away across the bow of Freetown Forenoon?
A. No.
Q. On completion of Edinburgh Evening's initial bear away, would collision have occurred if Freetown Forenoon had held her course without change?
A. No. Edinburgh Evening did not bear away.
Q. Once the boats became overlapped, did Edinburgh Evening take any action to keep clear of Freetown Forenoon?
A. The skipper of Edinburgh Evening started to steer the boat up, then when it was obvious that contact would occur, bore away to minimize impact.
Freetown Forenoon's questions to Edinburgh Evening's witness
Q. How long between when the overlap was established and the collision?
A. Between 2 and 4 seconds. There was a very short time between overlap and contact.
Protest Committee questions to Edinburgh Evening's witness
Q. At the instant the boats became overlapped, what was the distance apart of the boats?
A. Not more than 2.5 m.
Q. How long before the starting signal was the incident?
A. About 10 seconds.
Freetown Forenoon's Witnesses
I was tactician on Freetown Forenoon. I was positioned on the aft starboard deck.
Edinburgh Evening was positioned close to the start line and close to the pin mark, waiting to accelerate for the start.
Freetown Forenoon was reaching down the start line about two boat lengths back, with good speed. I intended to hook up to leeward of Edinburgh Evening and drive her over the start line early, then make a good on-time start.
As we approached Edinburgh Evening, I hailed 'you will need to keep up'.
When we became overlapped with Edinburgh Evening I hailed 'up', and I said to my skipper 'don't come up too hard', but Freetown Forenoon's bow kept coming up into the wind.
The boats made contact because Edinburgh Evening did not keep clear.
Protest Committee Questions to Freetown Forenoon's witness
Q. How far apart were the boats when they became overlapped?
A. Two or three meters.
Edinburgh Evening Summing Up
Freetown Forenoon was overtaking from clear astern.
As soon as Freetown Forenoon became overlapped he came up and I had no room to keep clear.
At the last moment I steered down to minimize impact.
Had Freetown Forenoon held a straight course she would have sailed clear to leeward of me.
Freetown Forenoon's Summing Up
After the overlap was established Freetown Forenoon did not come up.
The overlap was created by Edinburgh Evening bearing away.
Freetown Forenoon had only two seconds and could not avoid contact.
Protest Committee's Assessment of the Evidence
Your fellow protest committee members note that the evidence of Edinburgh Evening and her witness, was that Edinburgh Evening did not bear away until after the boats became overlapped and then only to minimize impact after contact was unavoidable. Freetown Forenoon's assertion that Edinburgh Evening bore away across her bow was not supported by any witness.