Question 1:
May a jury, or protestee, use the verdict of a previous, related hearing to support a decision in a subsequent, related hearing?
In this case, the relation of the protests is that Boat A was judged to have fouled Boat B (first protest), and Boat B then fouled Boat C (second protest).
Question 2:
In my mind, the question is whether the foul by Boat A caused Boat B to foul Boat C. If those were the facts found in the first protest, then Boat B is exonerated under RRS 43.1(a). If that is the case, is the second protest needed?
If there is a question as to whether Boat B could have avoided fouling Boat C, can the facts found in the first protest be used as evidence in the second protest?
Thanks.
Tom O'Conor
A PC may combine hearings of separate incidents that are closely related to more efficiently work out whether or not this is in fact 1 or 2 distinct incidents and to get a more complete picture of what happened. However a PC is not required to do so if the incidents are separate.
However, IMO, if during the 2nd hearing the PC starts to think that this may be 1 incident with multiple rule breaches, and the 2nd hearing involves parties that were not part of the first hearing, I might consider stopping the hearing ... reopening the previous hearing ... and start fresh with a new hearing combing both protests.
If it was actually one incident, then it's important that all parties be present to hear the evidence and have an opp to ask Q's in the presence of all the parties.
Stop the 2nd hearing, reopen the 1st, combine the hearings and start from square 1 is what I would do.
I'm very interested in hearing what others think or would do.