Page 79 - Judge Manual 2017

Others feel that at important events, the chairman should sit in the middle of
the jury on the side of the table facing the door, with the protest committee
members sitting on either side of the chairman. Parties should sit opposite the
chairman. When a witness gives evidence, he should sit between the parties.
Work with the furniture that is available.
Do not allow food or beverages in a hearing. No alcohol or smoking should be
allowed in the protest room. All mobile telephones and recording devices must
be switched off.
The chairman should review the case with the other members of the protest
committee before the parties enter, so that the protest committee has a general
idea of the issues involved.
The members of the protest committee should be introduced to the parties to
the protest. If any member of the protest committee has a conflict of interest, it
should be disclosed to the Chairman. Follow RRS 63.4 to determine whether
the conflict of interest is significant and whether that member of the protest
committee should not be on the hearing panel.

If a party claims that a member of the protest committee has a conflict of
interest, the chairman should ask the reason. Nationality alone does not fit
within the definition and is not grounds for excluding a judge. If the protest
committee decides that there is an actual conflict of interest, and either it is
significant or at least one of the parties rejects the judge based on it, then this
judge will not be a member of the protest committee for that hearing. If, during
the hearing, a member of the PC feels he or she might have a conflict of interest,
the parties should be asked to leave the room while the protest committee
decides its significance. The member who is excused from the hearing panel
may still may serve as a witness.
The protest committee members should take an active role in questioning the
parties to ensure that sufficient evidence is presented to enable the protest
committee to find facts necessary to determine the protest. Ask at the
appropriate time without intervening when the parties are asking questions of
each other or witnesses, except to seek clarification
Show extra patience and take extra care to ensure that junior sailors
understand the proceedings. Young sailors could be intimidated by the protest
committee hearing system. Try to arrange the room in a friendlier way for them.
Explain to them how to do a final summary of their case. Provide them with a
more complete explanation of the decision, if necessary.

If, for some reason, a protest committee no longer complies with the
requirements of Appendix N, the parties should be told that they have the right
to appeal before the hearing proceeds.

K.2 Interpreters

Take great care to ensure that competitors who are not fluent in English
understand all of the statements and procedures. Constant checks by the
chairman are necessary. This can be difficult for a chairman who also needs to
be concerned about procedure. It may be necessary to ask one of the protest
committee members to pay attention to the individual instead.