On beat to windward a boat on port (P) and a boat on starboard(S) are approaching each other on a collision course. S did not want P to tack close and lee bow her so S calls P through. P continues on her course. S changes her course to avoid a collision and pass astern of P. Neither boat took an on water penalty.
A third boat observes (O) the interaction between boats P and S accusing both of breaking the basic principal of SPORTSMANSHIP AND THE RULES and RRS 10 and 2
SPORTSMANSHIP AND THE RULES
Competitors in the sport of sailing are governed by a body of rules that they are expected to follow and enforce. A fundamental principle of sportsmanship is that when competitors break a rule they will promptly take a penalty, which may be to retire.”
O states in his protest that
1. S had to change course to avoid contact so P does not Keep Clear and breaks RRS 10
2. P knowing she broke a rule did not take a penalty thereby breaking RRS 2.
3. S neglected to enforce a rule when P broke RRS 10 and 2. And in fact encouraged P to break those rules. Breaking also the basic principal of SPORTSMANSHIP AND THE RULES
4. By these actions P avoided loosing at least a boat length by not having to tack. This was manifestly unfair to other boats.
5. P won the summer point score by ½ a boat length against O who finished in 2nd place.
6. S finished mid fleet as expected.
How will the protest committee deal with the above?