AC 45 World Championship Cheating??

Had this been a case of one-design class cheating by anyone other than the America's Cup Defender, then the cheats would have been thrown out of the race and given long exclusions by the jury, much more expeditiously.

 

Also given the various reports in the press claiming knowledge of the jury's decision in advance, it interesting that ACRM, ACEA and ETNZ copies of the Protocol Article 60 hearing transcript a number of days before the decision was announced. (from the Protocol Article 69 Decision http://noticeboard.americascup.com/wp-content/uploads/2011/08/JN116.pdf)

87. The Panel Chairman drew Counsel’s attention to the fact he had been advised by Phil Bowman (OTUSA’s attorney with observer status) that he had spoken to the parties’ Counsel and heard there were concerns that the transcripts had been made available to three parties (refer to paragraph 90) to another hearing (Jury Case AC33 in relation to Protocol Article 60). The Panel Chairman drew Counsel’s attention to the fact that the Jury considered they had agreed to this being done and that he had given instructions for the three parties other than OTUSA to destroy these files.

91. Hamish Ross, General Counsel for ACRM, testified that after receiving an email from Bryan Willis asking him to destroy the court reporter transcript files, he removed those files from his computer in-box and trash-box. He also testified that he had advised Regatta Director Iain Murray, to whom he had sent the files for the purpose of briefing him and obtaining instructions in respect of Jury Case AC33, to do the same, and that he had watched Iain Murray remove the relevant files from his computer in-box and trash-box.

92. Russell Green, legal and rules advisor for ETNZ, testified that he had received an email from Bryan Willis, asking him to delete the transcript in accordance with the discussions at the time of Jury Case AC33. He confirmed that he had neither printed the transcript nor forwarded it to anybody else, and that he had deleted the files.

93. Sam Hollis, General Counsel for ACEA, testified that at the Case AC33 hearing he had given evidence that he had read the transcripts online on his computer without printing them, and that, in order to take instructions, he had forwarded them to his CEO Stephen Barclay with an express note that they must not be forwarded or shared with anyone. He further testified that Stephen Barclay had confirmed to him since that he had not printed or forwarded the transcript. Sam Hollis submitted that at the hearing he had undertaken to work with their IT department to ensure that the files were destroyed, but that that had not yet been done.​

 

^^^

I don't recall anyone claiming to know the Jury decisions in advance, rather there was speculation particularly by the Kiwi press, who covered this much better, about the limited penalty options the jury had at their disposal.

Since there were gradually less training days that could be deducted thanks to Oracle's delay tactics, then it seemed necessary that some points in the races be deducted at the very least.

 

Oracles statement on the decision: http://oracle-team-usa.americascup.com/news/5330/statement-from-oracle-team-usa-on-jury-decision-2
I think it is unfortunate but I don't think they should be penalized for the AC. But an Oracle run system that could allow that cheating to happen is a very poor system-very poorly managed and very sad and just pitiful for the Oracle AC 45 organization and racing.
I also think that those people in this thread and on SA and with various news outlets that have been part of, or cheerleaders for, the lynch mob are EQUALLY contemptible.

 

^

It isn't immediately obvious who you are directing your contempt at DL,

since I've not noticed any lynch mob around here, lately...

But if I happen to see one I'll let them know of your scorn!

lol


...


Since the news broke when it was late in the day on the East coast, and evening in Europe, I guess a serious wave of bad press won't be rising up until tomorrow.

But here are some headlines as of this evening:

San Francisco
Oracle Team USA Receives Heaviest Penalty In America’s Cup History

San Francisco
Harsh cheating penalty could loosen Oracle's hold on America's Cup

Zurich:
Oracle hart bestraft
Zwei Strafpunkte, ein Ausschluss

Germany
Oracle Team USA goes down! - Regatten - Segeln-Forum

Italy
Il tracollo di Oracle: 2 punti di penalità e multa!

Oracle: la madre di tutte le sconfitte (the mother of all defeats, lol)

France
Pour gagner, Oracle devra remporter 11 courses

United Kingdom
Three members of Oracle Racing USA team banned from America's Cup

Australia
Oracle Team USA handed heavy America's Cup sanctions

New Zealand
Oracle found guilty of World Series cheating

Oracle docked points for cheating

Penalties risk Ellison's ire

...

And with that I'll call it a night.

It has been good to get this settled!

 

I guess the thread title can now be updated to remove the question marks?

It is interesting that your concluding comments on the announcement appear to blame the event organizers more the the perpetrators. A unique perspective.

 

May be part of the problem is that the AC 45s ended up with a muddled function. One moment it is a training boat for the americas cup, then it is a one design with no independant body running the class and the being linked in with the Americas cup.

 

If it wasn't for the Red Bull youth racing, those idiot Oracle turkey cheaters would not have been discovered, nor fined, outlawed and disgraced ... and now, thanks to some observant whistleblowers, the whole bloody lot are tarnished - and deservedly so. And Doug trying to Spinray a way out of the Oracle petard self hanging - has nothing to do with a lynch brigade - whose intelligence and foresight has been proven to being very accurate.
I smelled rotting rat when Spithill cleaned up AC45- and we now know why.
Actually, had it been any other sport, we wouldn't be seeing a final AC72 shootout - which would be disappointing after the years of design, build, sailing and breakthrough development ... and it's going to be a shootout ... probably just the motivation that the AC needs (in terms of viewer interest and media coverage).
If the Soracle cheats win after their self destruction - well, then, the faster boat has won, accepted, end of story.
But am picking it another way.

 

From the editor of Scuttlebutt tonight:

Damage to America’s Cup Exceeds Team Penalty

By Craig Leweck, Scuttlebutt
As the America’s Cup International Jury navigated the rules and facts that pertained to the illegal modifications of the Oracle Team USA AC45s during the America’s Cup World Series, it was clear the penalty would be significant.

But I contend that today’s penalty does more damage to the America’s Cup than it did to the offending team.

The jury today docked Oracle Team USA two points in the America’s Cup Match, fined the team US$250,000, and banned a leading crew member from the regatta and excluded another from taking part in the first four races.

There were three rules in play:

AC45 one design class rules
Oracle Team USA clearly broke the class rules by adding weight and altering boat parts without the approval of class measurers. For these infractions, the team voluntarily dropped out of the races in which the illegal boats competed.

Protocol, Article 60: Protecting the Reputation of the America’s Cup
This provision covers some ground, but its purpose was to insure that actions by those involved in the event did not negatively impact fan interest or the investment of commercial partners. My estimate was for a fine of $500,000, which would have been considered significant in the landscape of sports fines.

Rule 69: Gross Misconduct
Purposely altering boats, in conflict of the rules, deserved suspensions. I did not know what reach the jury would have for suspending people at this time, but I hoped they would be able to sit anyone determined to be involved.

Given the jury’s decision, I see the fine as too low, the suspensions as too few, and the points penalty as excessive. How can the mistake from one event (arguably a promotional event) impact the competitive outcome of a separate, unrelated event? But the Protocol allowed the Jury to do it, and now the 34th America’s Cup has an asterisk that stains this edition.

Team CEO Russell Coutts does not dispute that his team screwed up, but is floored by the decision today. “Certainly it was misguided for some of the team to alter the boats without referring to the one design class rules,” he admitted. “But it is an absolute atrocity for the whole team to be penalized in this fashion. I even argue the Jury overreached in their use of Article 60. But it is what it is, and we now have to go out and win 11 races.”

My hope now is that this penalty does not affect the event outcome. That is the only way for the 34th Match to be saved for the fans, and quite possibly, from the lawyers.

 

It seems that it's a case of the good ship Oracle's dire one design piratical gang the rampaging "Dirty Dirk" and his loathsome crew of performance tweaking boatscum.

 

Gary, that many Americans are lying, duplicit, cheating, rabid rats there is no doubt. Given the international aspect of the crew and those penalized we have to admit it is, perhaps, a failing of all mankind. We need gents like Sir Thomas Lipton these days but ethics have to be taught in sports for anyone in the age of "Gratification no matter the cost", to understand that fair play and honest endeavor let everyone win. None of the finks are blessed by the American people, in the land of the wallet size these things are bought by things other than the will of the people. So for all of the sailors stuck in the USA without a boat of their own champions perhaps we could call this "Oracle's Cup" and leave America out of it.

umm....go official Kiwis.....with buoyant bows and a good team you probably won't need the legal help....

 

The Official Jury report:

 

You're right, Cav, human failings yes. Actually my criticism was aimed at mostly the Anzacs at Oracle, who sold their souls to the evil empire - and behaved similarly. And we validly suspect (although the IJ was not able to prove it) there were more involved, knew about the cheating and shoveled the damning defecation under the silage tarpaulin.
But everyone knows - so no matter.

 

Pawns made to swing in the wind as well as sail before it? Tough on the slapped hands if there was such a club.... Leaving the people out of the equation (no budget for lightsaber batteries to fight evil empires....) it is sad for the Cup if we've reached the point where deniability is as important to winning as reliability where the boats are concerned.

 

Tried to open file = got this. What,s the story.

Who where the three named and what nationality. Would not be surprised that they where plants to secure this result.

Agree with you Doug I for one will not be watching the stacked races and I guess there will be of plenty others.

It appears the press where given the decision three days before its release. Decision in the NZ papers well before the official release. Could have deducted their practice days if any penalty was required.


Us mails Cycling whole team was not penalized and that was a far worse crime - Drugs cheating.

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