SCUTTLEBUTT No. 1210 - December 2, 2002
Scuttlebutt is a digest of yacht racing news of major significance; commentary, opinions, features and dock talk . . . with a North American emphasis. Corrections, contributions, press releases, constructive criticism and contrasting viewpoints are always welcome, but save your bashing and personal attacks for elsewhere.
THE ARBITRATION PANEL
(The Louis Vuitton Cup website has a comprehensive story about the men who
make up the America's Cup arbitration panel. The following excerpts do not
do justice to that piece, but will at least identify the five jurists.)
The Royal New Zealand Yacht Squadron, the Defender, selected Sir David
Tompkins, a Retired and Acting Judge of the High Court at Auckland; and
John Faire who is currently a Master of the High Court at Auckland, New
Zealand. Both served as members of the Arbitration Panel during the
America's Cup 2000. Sir David is a member of the RNZYS and a cruising
yachtsman. John Faire is a past President of the New Zealand Yachting
Federation and has been involved in yachting administration for more than
two decades, including current responsibilities with the International
Sailing Federation. He has won 15 New Zealand yachting championships.
The Yacht Club Punta Ala, the Challenger of Record, selected Donald
Manasse, who lives in Monte Carlo and campaigns a J-24 in national and
international regattas; and Professor Henry Peter who lives in Lugano,
Switzerland. Both are lawyers with practical experience of international
arbitration and yacht racing, Donald Manasse has both American and German
nationality and has a legal practice with offices in Nice and Monaco. He
has sailed Stars, Rainbows and J-22s and is Vice President of the
International J24 Class Association. Professor Henry Peter also has dual
nationalities - Swiss and French. He is a partner in a legal practice and
professor of company and sport law at the Universities of Geneva and
Lausanne of which he is head of the MBL programme. Professor Peter has been
cruising and racing mostly in Switzerland, in the Mediterranean and in the
English Channel since 1972.
In accordance with Article 22.5 of the America's Cup Protocol, the first
four members of the Panel appointed The Honourable Michael Foster QC of
Sydney, Australia to be the fifth member and the chairman. He is retired
judge of the Federal Court of Australia and an acting Judge of the Supreme
Court of New South Wales. Michael Foster has had a life time interest in
sailing and has been sailing on Sydney Harbour since he was 15 racing 12
foot and 16 foot skiffs. He has raced competitively in the Olympic Soling
and International Yngling classes as well as being part owner of a cruising
yacht. - Excerpts from a story on the Louis Vuitton Cup website, full
story: www.louisvuittoncup.com
THE PROTEST
Veteran America's Cup skipper Peter Gilmour expressed his hurt and
disappointment at Prada and Team Dennis Conner for going back to the
America's Cup arbitration panel with information which accuses his OneWorld
syndicate of using other teams' design information.
* When asked about the proceedings, an emotional and almost tearful
Gilmour replied: "I am not particularly worried. I am more disappointed
than anything. I was very surprised in the New York Yacht Club and Team
Dennis Conner, and the Yacht Club Punta Ala and the Prada team, with their
approach. They have clearly not respected the efforts that we went to last
year in putting an application in front of the arbitration panel and
presenting a very detailed and thorough internal investigation. What was
seen at the time was a lot of very small combinations of small rule
infractions that had occurred. The arbitration panel ruled and they placed
a penalty down, and now these guys are coming back. It surprises me they
would do it on the eve of when we had to race them. I'd just like to think
inside me it is not the sailors."
Conner would not comment on Gilmour's comments. "For me to say anything
about it at this point would not be wise," he said. - Julie Ash, NZ Herald,
full story:
www.nzherald.co.nz/americascup/
THE LAWYERS
* Of all the hard-working America's Cup team members here, none is as
important to his syndicate as the 33-year-old top gun Luis Saenz. Drawing
on a lifetime of sailing experience, Saenz puts in 18-hour days, clawing
for any advantage he can find over the other guys. Saenz, though, doesn't
grind winches, call tactics or helm a boat. In fact, he hardly ever leaves
shore. He is Dennis Conner's lawyer.
As litigious sporting events go, nothing tops the America's Cup. That was
made clear again this week when Team Dennis Conner, routed on the water by
a 4-0 loss to its American rival OneWorld, filed a protest to have OneWorld
thrown out of the competition for stealing other teams' design secrets. The
case will be heard by an arbitration panel next weekend, and there is a
chance, though slim, that OneWorld will be tossed, and Conner reinstated. -
Warren St. John, New York Times, full story:
www.nytimes.com/2002/12/01/sports/othersports/01BOAT.html
* One of America's top lawyers, Richard Scruggs, has moved from defending
a tobacco whistleblower, played by actor Russell Crowe in the movie The
Insider, to backing long-time friend Dennis Conner in his America's Cup
legal row. Mr Scruggs, a Mississippi lawyer who reportedly earned fees of
more than $1 billion in lawsuits against tobacco giants, is a high-profile
stalwart of the Conner campaign.
Team Dennis Conner would not confirm yesterday if Mr Scruggs was acting for
them and Prada in a joint bid to have OneWorld Challenge thrown out of the
America's Cup for using other teams' design secrets. But he has reportedly
written to OneWorld and told them to pull out to protect the "dignity" of
the event. - Helen Tunnah, NZ Herald, full story:
www.nzherald.co.nz/americascup/
* Lawyers for OneWorld sent a letter to Team Dennis Conner and its
sanctioning sponsor, the New York YC, saying that by talking to Reeves they
might be subjecting themselves to civil contempt charges for violating the
order of silence in their Seattle lawsuit. - Yacht Racing website, full
story: www.yachtracing.com
* On Sunday morning, Alessandra Pandarese, the principal legal advisor to
Prada Challenge 2003 and secretary-general of Challenger of Record
Management (CORM), reported the theft of her laptop computer from the
premises of her supporting law firm in Auckland. "The office has a window
opening onto the back of the premises, with a drop of about 5 feet from the
window sill to the ground. The window was open when I went into the office
this morning, although I always close it every time I leave the office,"
Pandarese said. A check was made throughout the premises, and nothing else
appears to have been taken from any other office. Laptop computers used by
the lawyers who work in the office, and various other valuable computer or
electronic equipment were all untouched. - www.pradalunarossa.com
THE HEARING SCHEDULE
Initially, the international jury scheduled a hearing on Team DC's protest
after completion of the repechages. Now it is waiting until the arbitration
panel has its say---a process that could run right into the semifinals
scheduled to start Sunday, Dec. 8 (Dec. 9 in New Zealand). But it now seems
that Sean Reeves, the central figure in the dispute, will testify despite
constraints related to OneWorld's case against him in a U.S. federal court.
- Yacht Racing website, full story: www.yachtracing.com
QUOTE / UNQUOTE
* "The America's Cup is a legal battle that happens to be sailed on the
water." - Luis Saenz, lawyer for Team Dennis Conner
* "You might have the fastest boat and the best crew, but without lawyers,
you'll never have a chance to go on the water to prove it." - Iain Thain, a
New Zealand lawyer who works for OneWorld.
* "I was hopelessly naive. I was warned that this would happen, and I
didn't believe it. This is so much tougher - there is so much more biting
and scratching - than anything I've dealt with in business, that I've been
really stunned. Had I known that we'd have had this, clearly I'd not have
become part of it. It's a very high-stakes game, and when there are high
stakes, people in competition try to win any way they can. The lesson now
is: Be honorable at your own peril." - Craig McCaw, OneWorld syndicate head.
These quotes are all from a story by Warren St. John in the NY Times about
the protests that are about to be considered by the AC arbitration panel. -
www.nytimes.com/2002/12/01/sports/othersports/01BOAT.html
FASTEST SAILS ON THE PLANET - PHASE 2
While the competition is attempting to duplicate our winning 2002 sail
designs, Ullman Sails has improved our J/105 sails to be stronger and
faster for 2003! The national J/105 class rules allow 89Mtr2 spinnakers to
be purchased till the end of the year with no sail purchase penalty. Ullman
Sails is offering an excellent opportunity to purchase 2003 sails at
unbelievably low prices. If you and your crew are ready for the "Fastest
Sails on the Planet - Phase 2" contact your nearest Ullman Sails loft or
visit us at www.ullmansails.com
NEWS BRIEFS
* Victory Challenge are packing up and heading home, confident the
America's Cup arbitration panel will dismiss attempts to have Seattle
syndicate OneWorld thrown out of the Louis Vuitton challenger series. "We
are at the end of our challenge," Victory Challenge project manager Mats
Johansson said yesterday. Should the arbitration panel decide to eject
OneWorld after claims the syndicate used other teams' design information,
there is nothing stopping GBR Challenge, Victory or even Le Defi Areva from
seeking a recall. But Johansson believes a return for his team is highly
unlikely. "There is a small chance, maybe a 1 per cent possibility, we will
race again, but I don't think so." - Julie Ash, NZ Herald,
www.nzherald.co.nz/americascup/
* Larry Ellison will skipper the Bruce Farr designed USA-76 in the
International America's Cup Class San Francisco (IACCSF) 2003 regatta
series. The series begins in May and will be raced on San Francisco Bay.
Oracle BMW Racing's USA-76 is presently in New Zealand competing in the
Louis Vuitton Challenger series.
* December 1 - A man overboard incident occurred yesterday afternoon,
involving the yacht Toutazimut participating in the ARC (Atlantic Rally for
Cruisers). The incident is believed to have resulted in a fatality. The
crewmember's immediate family has been informed. The MRCC Ponta Delgada are
co-ordinating the incident, in liaison with MRCC Falmouth, who have been
assisted by World Cruising Club which immediately redirected the yachts in
the area to Toutazimut's position.
* Kingfisher2, (ex Orange) a 110-foot maxi-catamaran was re-launched last
week. Later this winter, Ellen MacArthur and her Team Kingfisher crew will
attempt to break the non-stop round the world speed record on Kingfisher2.
- www.kingfisherchallenges.com
LETTERS TO THE CURMUDGEON (leweck@earthlink.net)
(Letters selected for publication must include the writer's name and may be
edited for clarity or space - 250 words max. This is not a chat room or a
bulletin board - you only get one letter per subject, so give it your best
shot and don't whine if others disagree.)
* From Chris Ericksen: I read with resignation and dismay--but no
surprise--the words of ISAF President Paul Henderson in 'Butt 1209. He
starts out by declaring that the "International Olympic Committee has
complete control over the Olympic Games" and ends with "ISAF is responsible
for the Governance of World Sailing" Anyone can see the linkage here:
Henderson wants nothing more than to gain complete control over world sailing.
These words came to mind as I read Henderson's comments. "Governments are
instituted among Men, deriving their just powers from the consent of the
governed... whenever any Form of Government becomes destructive of these
ends, it is the Right of the People to alter or to abolish it, and to
institute new Government."
No educated citizen of the United States will fail to recognize these words
as from the Declaration of Independence. Perhaps Henderson can reflect on
these words and their implication.
* From John Fox: From the preface of the ISAF Contract with Olympic
Classes, paragraph e)... ISAF will always endeavor to maintain the format and
principles of the class... While the ISAF may have authority over the Olympic
games themselves and entrance to the games, this does not give them the
right to completely disregard the class rules. The classes placed trust in
the ISAF and Paul Henderson and have been sold out by both. Henderson's
arrogant response... "You asked us to be used in the Olympics!"
Recently in Cyprus, the International Sailing Federation flagrantly
disregarded the Rules of the Star Class and imposed its own rules for
qualification of entrants and format of the racing for the 2003 World
Championships scheduled to be held in Cadiz Spain. The Star Class has
successfully balanced the needs of Olympic athletes and fleet sailors since
it was first chosen in 1932. Why should our format for the World
Championship be completely thrown out?
The Central Long Island Sound Fleet, the oldest in the Star Class has taken
the initiative of petitioning the Star Class IGC to withhold sanction of
the Cadiz event as a World Championship of the Star Class and to not award
the Gold Star unless ISAF runs the event by Star Class Rules. Details are
posted on the First District Web site at
ourworld.compuserve.com/homepages/fcsdesign/
* From Chris Bouzaid: Two months ago I wrote an article in the NZ Herald
entitled "Lets be Winners not Whingers" referring to the complaining about
the New Zealanders sailing for other countries. Now the shoe is on the
other foot. The protest by Stars and Stripes and Prada is bad for sport,
bad for yachting bad for the America's Cup and bad for patriotic Americans.
I am ashamed as a member of the NYYC to be involved. America protesting
America, how low can we go?
The reasons for this unlikely couple to become bedfellows are very obvious
and the protest and arbitration appeal are degrading to our sport. This
protest is so transparent. One doesn't need to be a rocket scientist to see
through the process. If OneWorld gets thrown out then Stars and Stripes
will be back in. If Stars and Stripes is back in then Prada will have to
sail against Stars and Stripes instead of One World, clearly the preferred
outcome.
As unfortunate as it may be the NYYC and Stars & Stripes have been clearly
defeated on the water, which in the humble opinion of this writer is where
the winning and loosing should take place.
* From John Rumsey: It looks like all the boats left in the semi finals
are led by Kiwis. Is it possible there is a secret plan to have the NZ led
challenger lay down in the finals to keep the cup in NZ another term. There
could be some big money in that.
* From Scott Ridgeway: Interestingly, on three of the four boats in the
LVC 'Final Four', the person designated as skipper did not drive the boat
during pre-start maneuvers. Instead, they had a starting specialist /
driver at the helm.
The single exception is of course, Alinghi. On Alinghi, Russell Coutts does
it all. But Russell is a bit special, isn't he? Russell has been the
winning skipper for the last two America's Cup Series. And he has also been
a repeat winner of the Match Racing World Championship. And he spent many,
many months as the world's top rated match racer. And he has an Olympic
gold medal.
Still, it's very possible that Coutts could go into the record books as the
last person to win the cup as both the skipper and the starting helmsman.
If that happens, Team New Zealand has a big problem.
* From Helen Johnstone: Has anyone contacted the Hollywood Executives to
begin production on the new movie called "Scandals of the America's Cup"?
The Figure Skating World got catapulted into the "limelight" after their
Nancy Kerrigan/ Tonya Harding scandal. The current "scandals" going on with
the America's Cup are a great opportunity for the sailing world to take
advantage of and create a "media feeding frenzy". Perhaps the America's Cup
teams could create some additional "staged" soap operas to add to the
drama. I don't know what is in the air in Auckland, New Zealand but I must
say that it is certainly entertaining. Does this America's Cup include any
sailing/racing?
UPGRADING 15 YEAR OLD INSTRUMENTS?
Most Ockam components are fully service supported and in many cases
upgradeable to 2001 spec - even if your system was installed in the early
1980's. Our latest software revision, Unisyn, is quite easily installed on
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GPS interface, will turbocharge a vintage system. We'll even offer a little
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203/877-7453 or email Tom Davis for more information (tom@ockam.com). Visit
www.ockam.com
THE ONEWORLD - TDC REPECHAGE SERIES
* Dennis Conner: "I am not disappointed in the boat. I am disappointed in
our results because we could have done better. In the past I've had boats
that we've got the best out of and we haven't done well. It seems like I
always have an excuse but this time I don't think it's the boat." - 2003AC
website, full story:
isuzu21.webcrossing.com
* Peter Gilmour: "Having to do the repechage round was absolutely the
best thing for us. We saw Dennis Conner as the toughest opponent we could
choose, and we wanted to race him, even though everyone tried to convince
us we had made the wrong decision. We couldn't have made a better one. We
feel really confident now." - From a story by Suzanne McFadden, in the
Seattle Times -
seattletimes.nwsource.com
* New York Times: "OneWorld seemed to have a slight speed advantage (over
Stars & Stripes) upwind. But Conner's team was also outsailed, especially
in the starting box, where the lack of practice time clearly showed. With
the 23-year-old Australian James Spithill at the helm and the America's Cup
veteran Peter Gilmour calling tactics, OneWorld won all four starts, often
leaving Stars & Stripes looking confused." - Warren St. John, NY Times,
full story: www.nytimes.com/2002/
ROUTE DU RHUM
The Route du Rhum finish line closes Sunday, 8 December at 2038:00 GMT.
Thirteen of the 58 competitors of the 2002 are still at sea. 17 have
crossed the finish line in Guadeloupe and 28 abandoned. - www.routedurhum.org
AROUND ALONE
Tim Kent's Open 50 Everest Horizontal crossed the finish line Sunday night
(the official time has not been posted on the website) in Cape Town to take
second place on leg 2 in Class 2 behind Brad Van Liew's Tommy Hilfiger
Freedom America. The third place boat in Class 2, Derek Hatfield's Open 40
Spirit of Canada, was more than 200 miles astern. - www.aroundalone.com
TIMME ANGSTEN
CHICAGO - Freezing temperatures and gusty winds greeted the college
competitors as they raced the 56th annual Timme Angsten Memorial Regatta
over the Thanksgiving holiday weekend. The Timme's, known as 'The best
competition you ever froze with,' proved to be just that, with icy boats,
torn sails and frequent capsizing. This year sixty students from 15 schools
across the country braved the chilly waters of Belmont Harbor to compete in
30 races. Final Results: 1st - Boston College; 2nd - University of
Wisconsin; 3rd - University of California-Berkeley. - Haley Pingree
Complete results: www.chicagoyachtclub.org
THE CURMUDGEON'S CONUNDRUM
Are part-time bandleaders 'semiconductors?'
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