Page 84 - Judge Manual 2017

K.8.9 Validity Involving Injury or Damage

For protests by the protest committee made under rule 60.3(a)(1), the tests for
a valid protest include evidence of injury or serious damage. The protest
committee only needs to decide that either injury or serious damage occurred
during the incident, and not how the injury or damage occurred. The protest
committee must be certain about this, and getting the evidence may involve a
walk to the boat park to view damage to a boat or to meet an injured competitor.
If the protest committee decides the protest is valid and later finds out that, for
example, the damage was not serious, or the competitor was not injured, the
protest committee will have heard an invalid protest.
K.8.10 Decisions on Validity

Decide the validity of the protest. If it seems clear from the testimony that the
protest is valid, the chairman may glance at the rest of the protest committee to
see if anyone would like to discuss any issue. If there seems to be no issue,
the chairman can simply state that the protest committee is satisfied that the
protest is valid. If someone on the panel would like to discuss the question, ask
the parties to leave the room during the deliberation.
If the protest committee decides that the requirements for the protest have not
been met, the protest is invalid and the hearing is closed. The protest committee
has no discretion under the rules to hear an invalid protest.
K.9 Hearing Procedure: Taking Evidence and Finding Facts

After the protest is found to be valid, the protest committee takes the evidence
of each party and witness by following the sequence shown in RRS M3.2.
Judges should individually develop a picture of how the incident transpired as
each party or witness presents their side of the story.
An experienced judge will mentally develop a list of rules that apply and when
the rules apply. Questions by judges should be limited to only the questions
needed to determine whether any boat broke any of the rules in the judge’s list.
For example, if the list of rules includes 12, 11 and 15, a judge will ask questions
to determine when an overlap occurred, how close the boats were and how
long before a boat altered course.

K.10 Hearing Procedure: Witnesses
Rule 63.6 requires the protest committee to take the evidence from the parties
and their witnesses. The answer by the protest committee chairman will always
be “Yes” to the question “May I call my crew as a witness?” However, an able
chairman can manage witnesses by keeping witness’ testimony to the point. To
reduce leading questions, always allow the opposing party to question the
witness before the party who called the witness.

Under rule 63.6, a member of the protest committee who saw the incident shall
state that fact in the presence of the parties, and may give evidence. If that
member knows something that is relevant but was not revealed by the
testimony from the parties and witnesses, he should volunteer to get that
evidence before the protest committee deliberates. Care must be taken to not
introduce new evidence from any source without the parties present.