Saturday, 17 March 2012

ISAF Executive Statement: RRS 69.2(a) Ainslie: CLOSED

ISAF Executive Statement:
International Sailing Federation
The ISAF Executive Committee has met to consider the reports from the International Jury of the Perth 2011 ISAF Sailing World Championships and the RYA Tribunal. The role of ISAF under Racing Rule of Sailing 69.2(a) is to first determine whether or not it is appropriate to conduct a further hearing into the reports received.
The Executive Committee has reviewed the decisions of the International Jury and the RYA Tribunal, the video evidence of the incident, other relevant documentation from Perth and has taken legal advice. Mr Ainslie was asked to comment and did so.

The Executive Committee supports the decision and the report of the International Jury and the report of the RYA Tribunal that found that Mr Ainslie committed Gross Misconduct and believes that the penalties imposed to date are appropriate. Accordingly, ISAF does not regard it as appropriate to conduct a further hearing into the incident and no further action will therefore be taken.

The issue of Media Boats is a separate matter from the decision issued today. The ISAF Media policies were clear and the issue of adherence will be considered separately.

All three parties in rule 69.1(c) have now investigated this matter according to rule 69.2(a):

69.2 Action by a National Authority or Initial Action by the ISAF
(a) When a national authority or the ISAF receives a report alleging a gross breach of a rule, good manners or sportsmanship, a report alleging conduct that has brought the sport into disrepute, or a report required by rule 69.1(c) or 69.1(e), it may conduct an investigation and, when appropriate, shall conduct a hearing. It may then take any disciplinary action within its jurisdiction it considers appropriate against the competitor or boat, or other person involved, including suspending eligibility, permanently or for a specified period of time, to compete in any event held within its jurisdiction, and suspending ISAF eligibility under ISAF Regulation 19.
The MNA of the sailor, (the owner of the boat) and the location, and now the ISAF have issued a statement. There will be no further action. This matter is now CLOSED. Yachting Australia and ISAF didn't find it was appropriate to conduct a hearing. The statement of the RYA does not specify if it did or did not conduct a hearing, but in any case, the RYA tribunal concluded that no further penalty was appropriate.

I'm a bit unsure about the difference between an investigation and a hearing, when for instance the person involved is asked to give comments, but rest the statement by ISAF makes it clear that they still regarded that as an investigation.

Perhaps the definition of a hearing is that all parties involved are physically brought together in one meeting, like in a protest hearing?

Ben Ainslie can now prepare, without this 'Damocles sword' hanging over his participation in the OG.


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