ΕΦΕΣΗ 02/2016

TO:          Thijs Smit – Team Captain DMTRA

                Piero Occhetto – Chairman of the protest committee

                Hellenic Sailing Federation Sports Department

DATE: 4 June 2016

SUBJECT: Appeal delivered by Team DMTRA on 17^th of March 2016 under S.N. 2016.02 regarding the procedures followed and the decision made by the protest committee of 2K Team Racing Athens organized by the Yacht Club of Greece from the 4^th to the 6^th of March 2016.

The Appeals Committee of the Hellenic Sailing Federation gathered together and discussed the subject on the 3^rd of June 2016. The following members were present at the hearing, mr. Kostas Christopoulos, Mr. Ilias Verginadis, Mr. Nikos Tarsinos, Mr. Stavros Kouris, Mrs. Elena Dimitrakopoulou and the appeals committee vice chairman Mr. Pavlos Schilizzi who also chaired the hearing.

FACTS FOUND BY THE PROTEST COMMITTEE OF THE 2K TEAM RACE ATHENS

1. Team Chaos running on starboard at a distance of more than 3 boat lengths from team DMTRA also running on starboard.
2. Chaos gybed on port on a collision course with DMTRA who continued sailing on the same course for at least 2 boat lengths without avoiding action
3. A T-bone crash occurred with major damage on Chaos port side
4. During the day more contacts occurred to DMTRA with minor damages

 FACTS FOUND BY THE APPEALS COMMITTEE

The Appeals Committee after considering all available documents sent by the parties concluded in :

1. Racing Rule 70.5(a) stated in the Notice of Race and Sailing Instructions of the event was not applicable, therefore team DMTRA had the right to appeal.
2. Protest was delivered by the Protest committee of the event after receiving a written report by the Platu25 Class Association as stated in the document sent by the appellant.
3. Protest committee protested Team DMTRA under SSI 18.2, which she had the right to according to RRS D1.2(d)2.
4. Platu 25 Hellenic Class Association representative was present at the hearing as an observer and did not participate at the hearing.

 CONCLUSION

The Appeals Committee after considering all the facts concluded that the procedures followed by the protest committee were according to the Racing Rules of Sailing.

 APPEALS COMMITTEE DECISION

The decision made by the protest committee was right and the disqualification of Team DMTRA stands.