JURY CASE AC33 JURY NOTICE JN113
Protocol Article 60 and Oracle Team USA
Protecting the Reputation of the America’s Cup FURTHER DIRECTIONS
DIRECTIONS AS TO HEARING (JURY NOTICE JN102)
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On 19th August 2013 the Jury issued Jury Notice JN102.
Jury Notice JN102 stated that on 4th August 2013 the Jury received a report from Richard Slater of Oracle Team USA (OTUSA). Jury Case AC30 followed.
Jury Notice JN102 also stated that the Jury has made an enquiry and two members of the Jury carried out an investigation over the period 13th – 16th August 2013 interviewing 16 members of OTUSA and five employees of America’s Cup Race Management.
HEARING
- Jury Notice JN102 stated that the Jury has decided to conduct a hearing to determine if the Competitor, OTUSA has breached Article 60.1 of the Protocol. The hearing was scheduled for 26th August 2013.
- On 20th August 2013 the Jury issued Jury Notice JN107 advising that the date of hearing has changed to 29th August 2013.
FURTHER REPORT FROM THE MEASUREMENT COMMITTEE (JURY NOTICE JN112)
6. On 24th August 2013 the Jury issued Jury Notice JN112 attaching a further report from the Measurement Committee. The report referred to the different length of king posts and the depth of engagement of the spigot of the upper main king post fittings on OTUSA AC45 Yachts, boats 4 and 5. The conduct or activity referred to in such report, including racing with such modified equipment will now be a
28th August 2013
part of and included in the hearing to determine if the Competitor OTUSA has breached Article 60.1 of the Protocol.
7. Jury Notice JN112 also included directions that ACEA was required to provide a written submission by 12h00 PDT on 28th August 2013 as to what they consider is the effect of the conduct or activity referred to with reference to Protocol Article 60.1 on ‘the best interests of the America’s Cup, or the sport of sailing’. ACEA filed a submission on 28th August 2013.
INFORMAL DIRECTIONS HEARING
8. An informal directions hearing took place on 28th August 2013 concerning the timing and procedural aspects of the hearing which OTUSA wished to discuss. OTUSA’s Counsel Phil Bowman and Thomas F. Ehman Jr were present.
NEW HEARING DATE
9. To enable the Jury to provide a written Decision following the hearing under Racing Rules of Sailing America’s Cup Edition (RRSAC) Rule 69 in Jury Case AC31, which Decision OTUSA wish to consider before proceeding with the hearing of this Case, the date of hearing is changed to 30th August 2013 commencing at 11h00 at the ACEA Meeting room, Pier 23. It is anticipated the hearing will be completed that day.
COURT REPORTER TRANSCRIPT AND JURY CASE AC31 DECISION
10. The court reporter uncertified rough draft transcript of all of the proceedings to date in Jury Case AC31 and the Decision in AC31 will be made available on a confidential basis to OTUSA, ACEA, ACRM and ETNZ. The parties to Case AC31 have agreed that such transcript be included in this Case and OTUSA have agreed it form a part of the evidence and record in this Case.
ORDERS
CASE AC31 Hearing Transcript
11.1 The court reporter uncertified rough draft transcript of the proceedings in Jury Case AC31 is ordered to remain confidential until further order.
Appearance of Witnesses
11.2 The following witnesses are ordered to be available to give evidence:
Nick Nicholson (Chairman Measurement Committee) Russell Coutts (OTUSA CEO)
Grant Simmer (OTUSA General Manger)
Jimmy Spithill (OTUSA Skipper)
Mark Turner (OTUSA Shore Team Manager) Richard Slater (OTUSA Rules Advisor) Andrew Henderson (Rig Team Manager)
Parties and the Jury are entitled to call other witnesses at the hearing.
David Tillett
JURY: David Tillett (Chairman), John Doerr, Josje Hofland, Graham McKenzie, Bryan Willis.