Facts
At the start of race 4, A was clearly about three to four hull lengths on the course side of the starting line. Rule
30.4 was in effect, so the race committee disqualified her without a hearing. A, although she knew she was over the line at her starting signal, continued to race and covered B for the first part of the first beat. B protested A for breaking rule
2.
The protest committee confirmed the disqualification of A under rule
30.3. It also decided that, by continuing to race and cover B when she knew that she had broken rule
30.4, A broke rule
2. As permitted by rule
2(b), it penalized her by making her disqualification not excludable. Later the same day, acting under rule
69.2, it called a hearing alleging that the behaviour of A's helmsman in hindering B constituted acts of misconduct. It decided that the helmsman's actions were indeed acts of misconduct and that he had therefore broken rule
69.1(a). It excluded him and disqualified A from all races of the series. A appealed the protest committee's decisions.
Decision
A's appeal is dismissed.
A was correctly disqualified from race 4 for breaking rule
30.4. The protest committee found as fact that A's helmsman knew that he had been on the course side of the starting line at the starting signal; that he had broken rule
30.4; that he was, therefore, already disqualified; and that he had seriously hindered another boat in the race. A competitor who, while knowing that his boat has already been disqualified, intentionally hinders another boat clearly commits a breach of sportsmanship (see Sportsmanship and the Rules) and rule
2. The protest committee was justified in calling a hearing under rules
69.2, and it acted properly under rule
69.2(h) in excluding A's helmsman and disqualifying A from all races of the series. The committee could also call a hearing under rule
60.3(b) to consider redress for B (see rule
62.1(d)).
GBR 1984/7