Question
What criteria should the protest committee use to decide whether or not evidence is “new”?
Answer
Evidence is “new”
- if it was not reasonably possible for the party asking for the reopening to have discovered the evidence before the original hearing,
- if the protest committee is satisfied that before the original hearing the evidence was diligently but unsuccessfully sought by the party asking for the reopening, or
- if the protest committee learns from any source that the evidence was not available to the parties at the time of the original hearing.
World Sailing 2011