Page 99 - Judge Manual 2017

conflict of interest. Remember that witnesses, no matter how expert, are just
witnesses. The protest committee makes the final decision.

K.26.8 Re-measurement

When the technical committee is available, and the protest alleges complex
breaches, the protest committee may wish to order measurement checks or
even re-measurement. This is within its power and its obligation to 'take such
other evidence' as it needs to make a decision.
Nothing in the rules gives the owner of one boat an absolute right to demand
that another boat be re-measured. The decision to order or request re-
measurement is a matter for the protest committee or, if the notice of race or
sailing instructions so state, the organizing authority. The losing party pays for
re-measurement and any measurement costs unless the protest committee
decides otherwise.
Provided an appeal has not been denied (rule 70.5), a boat disqualified under
a measurement rule may continue to compete in subsequent races without
making changes to the boat. To do so, the boat shall state in writing that she
intends to appeal. If she fails to appeal or the appeal is decided against her,
she will be disqualified from all races.

K.26.9 Qualified Authority
If after hearing the available opinions of the expert witnesses described in
paragraph K.25.6, the protest committee is in doubt about the meaning of a
class rule, rule 64.3 requires the protest committee to refer the questions to the
authority responsible for interpreting the rule. This may be the class association
whose rules name the class technical chairman or measurement chairman.

For a question concerns the rules of a handicap or rating system, it may be
the technical chairman of the organization who issues the handicap or the
rating certificate in the waters the boat is lying in. In making its decision the
protest committee is bound by the reply of the authority.

In all cases the protest committee should insure that there is no conflict of
interest of the person or committee answering the question.
K.27 Protests by the Protest Committee

A protest initiated by the protest committee under rule 60.3 has the same
validity requirements as those initiated by the race committee. The protest
committee must ensure that the validity requirements are met before
proceeding with the hearing.
The chairman should ensure that the boat’s representative is aware that
although one or more members of the protest committee will present the
evidence, it is the protest committee as a body that has initiated the hearing
under rule 60.3. We recommend that members of the protest committee present
their evidence from their normal positions seated around or behind the protest
room table.

Should a witness who is a member of the protest committee leave the room
while the protest committee makes its decision? Or should the member who is
a witness leave the room with the protestee while the remaining members of