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. Barnacle and Coral are International 14's, approximately 4.25m long, with additionally, a 3.5m bowsprit carrying large asymmetrical spinnakers. Wind conditions were about 10kts. Sea conditions are slight waves. SI do not change the zone: it remains as defined in Definitions.
Barnacle reached the zone clear ahead at position 2 in the diagram. Barnacle protests Coral for not giving mark-room under rule 18.2(c) and as windward boat failing to keep clear under rule 11. Contact occurred at position 4 without damage or injury.
The Hearing
Barnacle's Description of the Incident:
I was steering Barnacle. We were on a hot port tack lay-line for the leeward mark to be rounded to port. About 50m from the mark Coral managed to get an overlap to windward. When I was between 30m and 40m from the mark, I bore away to break the overlap, and sailed into the zone clearly ahead of Coral until I was within 20m of the mark. 20m from the mark I hardened up on my course to the mark and lowered my spinnaker. When I was 10m from the mark I saw Coral had become overlapped inside me. As I was changing course to round the mark on my proper course, Coral's spinnaker, which was being eased or lowered, contacted the port after part of Barnacle without damage or injury. I hailed 'protest' and my crew immediately displayed a red flag. Coral then fell off behind me.
Coral's Questions to Barnacle
Q. Didn't you see Coral gaining an overlap on you at 15m from the mark?
A. No I did not. Once I was in the zone at 20m from the mark I was concentrating on the mark and boat handling.
Protest Committee's Questions to Barnacle
Q. Did you hail or otherwise signify to Coral that you considered the overlap broken and that you were clear ahead at the zone.
A. No. I considered it obvious.
Q. Did you do any penalty turns in respect of the incident?
A. No. I was in the right.
Coral's Description of the Incident
I agree that Barnacle broke the earlier overlap about 40m from the mark. When Barnacle headed up to the mark 20m from the mark, she must have re-established the overlap as the line through her stern swung with her change in course. Therefore the boats were overlapped when they reached the zone at about 13m from the mark. Coral was inside overlapped at the zone and entitled to mark-room. Barnacle failed to give Coral mark-room.
Barnacle's Questions to Coral
Q. If you were hiking out on the windward stern position on your boat, how could you accurately judge when the tip of your bowsprit crossed the stern-line of Barnacle to 're-establish' an overlap?
A. I didn't actually see and judge it, but it must have happened. I looked and saw when we were close to the mark at about 10m and we were certainly overlapped then.
Protest Committee Questions to Coral
Q. Did you hail Barnacle to claim mark-room?
A. No.
Q. Did you do any penalty turns in respect of the incident?
A. No. I was in the right.
Barnacle Summing Up
Barnacle reached the zone about 20m from the mark, clear ahead and was thereafter entitled to mark-room. Coral did not give Barnacle mark-room and as windward boat did not keep clear. Coral should be disqualified.
Coral's Summing Up
Coral was overlapped with Barnacle when she reached the zone about 13m from the mark and was thereafter entitled to mark-room. Barnacle did not give Coral mark-room. Coral should be exonerated for breaking rule 11 because she was taking mark-room to which she was entitled.
Protest Committee's Assessment of the Evidence
Your fellow protest committee members agree that Barnacle was clear ahead of Coral 20m from the mark, and that the boats were certainly overlapped at 10m from the mark, but that there is no direct evidence of when or exactly where they became overlapped.
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.