I've frequently heard it said that people with potential involvement in a hearing (possible parties/witnesses/judges) about an incident should refrain from chatter about that incident prior to the hearing.
This seems intuitive, but I'm wondering: Is this guidance documented anywhere? (Is it correct?)
Relatedly, how much is it appropriate for a party to discuss potential testimony with a witness before calling the witness? Is it okay to dig deep into the details of what a witness saw and what they would say in response to various questions, before calling them?
1.7 Confidentiality The principle of confidentiality shall be strictly respected by the Ethics Commission in all its activities. World Sailing Parties shall not disclose information entrusted to them in confidence other than in accordance with applicable laws or rules. ... .
Members of a protest committee who discuss matters that are the subject of a hearing indiscriminately may be perceived to exhibit bias in the matter. Obviously some details of a protest may need to be discussed with sailing administrators or parties. Judges need to exercise discretion.
There is no rule prohibiting a party to a protest discussing the matter with witnesses. A party has every right to 'prove' their witnesses by questioning them on the testimony they will give, or to ask them to rehearse their testimony, to whatever level of depth they choose.
A party to a protest that attempted to induce a witness to lie in a protest hearing would break RRS 2 and RRS 69 but the facts supporting such a conclusion may be very difficult to adduce.
As to rehearsal, it can be apparent to the PC members when testimony has been rehearsed and agreed upon. In that case, the weight given to evidence that is repeated near word for word by a party and witness, may be given less weight that otherwise.
I don't agree that it is any business of the protest committee how a party manages their witnesses or to encourage or discourage anything, apart from improper inducement to lie that i mentioned in my previous post.
A party is under no obligation to cut their own throat by bringing a witness with evidence adverse to their case, although this quite often happens because the party has failed to ask the witness what they are going to say.