Page 85 - Judge Manual 2017

When witnesses are called to give evidence, a member of the protest
committee or the protest committee secretary should retrieve the witness. This
eliminates any coaching of the witnesses after the hearing starts.

Appendix M of the Racing Rules gives the normal routine order of conducting
a case, calling witnesses, etc. Appendix M is advisory and, as the preamble
states, the recommended procedures may be changed if needed.

K.11 The Influence of Race Memory on Recall of Evidence

Human perception begins with expectation based on prior knowledge, and not
on sensations of what was there to see or hear. Persons with good race
memory know where to look at the time of the incident and are able to recall
incidents with good detail, including nearby boats, positions and relative speeds
of boats, and the sequence of events. With good rules knowledge also, the
witness will present evidence that is likely to fit within the requirements of the
rule believed to apply. Persons who do not know the rules well, may miss
important details on boat positioning that are needed to find facts.

K.12 Cautions in Evaluating Evidence
Protest committees can make judgements about the credibility of evidence
based on style and presentation of evidence. Witnesses who express their
opinions confidently are often given more weight than someone who is less
forceful and less believable. The PC should support the parties in making as
specific and informative statements as possible.

You should be aware of speech patterns that could lead juries to erroneous
conclusions:
• Use of hedge words, such as “kind of”, “I think”, “If I’m not mistaken”, “it
seems”;
use of rising intonation in a declarative statement, suggesting that the
speaker is seeking approval for the answer, e.g. in response to the question
of “how fast”, the response “5 knots?”;
• Repetition indicating insecurity;

• Intensifiers, such as “very close”, instead of “close”;

• High degree of direct quotation, indicating deference to authority; and
• Use of empty adjectives, such as “charming”, “cute”, “interesting”.
Do not confuse confident witnesses with accurate ones because their
confidence is based on more information than simply the information that
determines its accuracy. Their confidence may not be at all related to the
accuracy of their recall.
K.13 Hearsay Evidence

The term “hearsay evidence” is a technical legal term brought over from legal
proceedings. It means evidence which is given by a person who has no direct
knowledge; he has simply heard or received it from another party. For example,
in support of his claim that there was a collision, a party to the protest might say
"John Smith, bow # 32, told me that he saw the collision."