Page 40 - Case Book 2017 - 2020 April 18

believes she has not sailed the course. Instead it must CASE 137
protest her within the protest time limit. When deciding if a conflict of interest is significant, the
protest committee should take into account the degree
Rule 63.2, Hearings: Time and Place of the of conflict, the level of the event and the overall
Hearing; Time for Parties to Prepare perception of fairness.

CASE 48 RYA 1981/10
Part 5 of the racing rules aims to protect a boat from A member of a protest committee does not have a
being unfairly treated, not to provide loopholes for conflict of interest merely because he or she witnessed
protestees. A protestee has a duty to protect herself by the incident. The protest committee is entitled to decide
acting reasonably before a hearing. the protest even if the protestor was not present for
some of the hearing.
RYA 1968/15
A boat that claims that she has not been allowed RYA 1984/2
reasonable time to prepare her defence must raise this A person with a conflict of interest does not cease to be
objection at the beginning of a hearing of the protest such because a party to the protest is willing to accept
against her.
him as a member of the protest committee.
RYA 1981/14 RYA 2007/1
When a protest committee believes that a boat that is An organizing authority has no power to revoke a
not a party to a hearing may have broken a rule, it must decision of a protest committee to rehear a protest.
first make her a party to a hearing by protesting her. When a protest committee includes a person having a
She must be notified and given time to prepare her conflict of interest, whose interest has not been
defence and she has the same rights as any protestee to disclosed to the parties and who takes part in the
call and question witnesses.
proceedings, its decision is improper.
RYA 1987/1
When one boat knows that she has been protested by RYA 2011/2
another, she is under an obligation to act reasonably
question all witnesses. Knowing a party to the protest through past common
membership of the same club does not automatically
RYA 2001/15 mean that a member of the protest committee has a
When a protest committee learns from an invalid protest conflict of interest. However, such knowledge should be
of an incident that may have resulted in injury or declared at the outset so the possibility of a close
serious damage and decides to protest a boat named as personal interest can be investigated.
a party in the invalid protest, it must lodge a fresh
protest against her, and she is entitled to new Rule 63.5, Hearings: Validity of the Protest
notification of the new hearing, even if she was the or Request for Redress
protestee in the invalid protest and had been properly
notified of the original hearing but had not been CASE 19
present. Interpretation of the term ‘damage’.
CASE 22
Rule 63.3, Hearings: Right to be Present It is not relevant to the validity of a protest that a rule
CASE 49 the protestor believes was broken is not one of the rules
When two protests arise from the same incident, or from that the protest committee later determines to have been
very closely connected incidents, they should be heard broken.
together in the presence of representatives of all the CASE 141
boats involved. Interpretation of the term ‘serious’ in the phrase
RYA 1981/5 ‘serious damage’.
A protest committee may confer in private for the
purpose of reaching a decision on a procedural point. RYA 1981/5
A protest committee may confer in private for the
RYA 1981/10 purpose of reaching a decision on a procedural point. A
A member of a protest committee is not an interested boat that waives an opportunity to object to the validity
party merely because he or she witnessed the incident. of the protest against her cannot later introduce that
The protest committee is entitled to decide the protest objection as the grounds for her appeal.
even if the protestor was not present for some of the
hearing. RYA 1989/9
A request that seeks the correction of an alleged error
RYA 1987/1 of the race committee ranks as a request for redress
One party shall not be excluded while another is even if it does not use those words. If it is lodged
present during the hearing, and all parties are entitled promptly after the facts are known, this is sufficient
to hear and question all witnesses. good reason for a protest committee to extend the
Rule 63.4, Hearings: Conflict of Interest normal time limit.

40