Failure to promptly display protest flag
Published on February 3rd, 2021
After Steven Meheen purchased the Botin 80 racing yacht in 2018, he learned, according to court filings, the measurement data and information in the rating certificates was false which produced an artificially low rating.
When further investigation allegedly revealed additional problems with the boat, Meheen unsuccessfully sought to rescind the sale, which then led to a filing in the Superior Court of California for compensatory and exemplary damages.
Meheen, managing member of Misfits Racing LLC, bought the boat he named Cabròn from Karl Kwok who was represented by his boat manager, Gavin Brady. The issue was also taken to the sailing authorities, with World Sailing issuing this statement:
Further to World Sailing Regulation 35.6.4, in 2019 the Judicial Board directed that a complaint made to Australian Sailing by MisFits Racing LLC against Mr Gavin Brady (NZL) and Mr Karl Kwok (HKG) be transferred to and conducted by World Sailing.
The Judicial Board subsequently appointed a Disciplinary Investigating Officer (DIO) to investigate the complaint in accordance with Regulation 35.6.12.
Following his investigation, the DIO determined that he was not able to issue a charge of misconduct further to Regulation 35.6.13(b) as the complaint was not lodged within the time required by Regulation 35.6.2(c). The DIO issued a warning to Mr Brady in accordance with Regulation 35.6.13(b). The DIO took no further action in respect of Mr Kwok.
Here’s a reference for the World Sailing Regulations:
35.6.4 – The MNA (Member National Authority) shall review the complaint and may conduct an investigation in relation to the matters in the complaint. However, the Judicial Board may direct that the complaint shall be transferred to and conducted by World Sailing under Regulation 35.6.12.
35.6.12 – When a complaint is received by World Sailing under this Part of the Code, it shall be passed by the Chief Executive Officer to the Judicial Board. The Judicial Board shall within fourteen days of the complaint appoint a Disciplinary Investigating Officer to investigate it.
35.6.13(b) – Following the review, the Disciplinary Investigating Officer shall in his absolute discretion (against which there is no appeal) issue a warning to any Participant in the report, and thereafter take no further action.
35.6.2(c) – All such complaints must be made within 14 days of the alleged Misconduct, unless that time is extended by the Judicial Board ret.