In its decision, the Panel “determines that OneWorld Challenge has been in breach of the Protocol in that a designer employed by OneWorld Challenge had in his possession a computer file, a ZIP disk and a computer that contained design information that was the property of Team New Zealand, facts that were not disclosed in the previous application ACAP 01/08.”

The grounds for the penalty were found in ACAP 02/12, a new submission to the Panel by OneWorld that contained a new admission, this time OneWorld designer Ian Mitchell told of a computer and a backup disc in his possession that contained old Team New Zealand files. He said the files hadn’t been accessed since he left TNZ.

“We respectfully submit that the America’s Cup Arbitration Panel has levelled an extremely harsh judgment against OneWorld…” said Bob Ratliffe, Executive Director of OneWorld.

Interestingly, all of the other grounds brought up at the hearing were dismissed, including everything submitted by the applicants, Team Dennis Conner and Prada.

“This is a stunning indictment of honesty to be penalized for telling the truth,” Ratliffe continued.

Specifically, the Panel imposed that OneWorld will “lose one point in:

a)       the semi-final of the Louis Vuitton Cup and, if it advances,

b)       the final of the Louis Vuitton Cup and, if it advances,

c)       the Match for the America’s Cup”

If OneWorld pays the costs as ordered, and assumes the one point penalty when applicable, OneWorld will be eligible to sign the declaration and sail in the America’s Cup.

For its part, Team Dennis Conner and the New York Yacht Club appeared to have mixed feelings on the Panel decision.

“Based on the facts found I can understand the decision,” Dennis Conner said. “(But) based upon the evidence that my team presented to me I felt that there were substantial breaches of the Protocol and the Rules…I respect the decision of the Panel because I know they tried hard to do the right thing but I can’t help but be a little disappointed in their finding, because I felt they should have been different.”

“I was hoping that the facts found would be different, because in my heart I believed the facts found would be different.”

Conner said the heart of the issue was an unfair advantage that a team might gain by having design information that didn’t originate within that team.

“If a team starts with some plans and drawings that they shouldn’t have had and moves ahead quickly and gains a lot of knowledge, if they do, and other teams don’t have that advantage aren’t they disadvantaged in the event? I’m not accusing OneWorld of having what Sean Reeves said they had, I don’t know, how would I know? But if they did, it certainly would have been a big advantage.”

Conner noted that he was sympathetic to OneWorld to a certain extent, in that the rules of the America’s Cup have become very complex and very difficult to follow to the letter of the Rules.

“There’s too many rules,” Conner said. “Maybe I’m just an old-timer, but we didn’t used to have these rules… the Protocol is so difficult and the nationality thing is so hard to enforce…its ridiculous. You can all appreciate that it’s a very difficult thing to enforce and to know what’s right and wrong…maybe it’s time for me to stop, I’m still living in the old days.”

The penalty is a point deducted from OneWorld, and not a point given to its opponent. For example, in its Semi-Final match against Prada, the Italian team still must win four races to advance to the Repechage. OneWorld would need to win five races to advance.

Still hanging over OneWorld is a Rule 2 (Fair Sailing) protest before the International Jury. Team Dennis Conner has applied to withdraw the protest. International Jury Chairman Bryan Willis says the Jury will convene on Tuesday evening to consider the withdrawal application. Other teams are invited to make submissions to the Jury on this.

Source: Peter Rusch