Wednesday, July 15, 2009

Statement from Alinghi skipper Brad Butterworth following the latest BMW Oracle legal actions,

Related PDF files- Letter from Tom Ehman (Sail America) to Michael Fay, 2 December 1987

- First letter from SNG to GGYC, 26 May 2009

- Second letter from SNG to GGYC, 26 May 2009

[Source: Alinghi] Statement from Alinghi skipper and four-time America's Cup winner, Brad Butterworth, following the latest BMW Oracle legal actions: "The pending court case is the fourth time BMW Oracle Racing has chosen to go to court rather than meet us on the water and race for the 33rd America's Cup. If you read the letters of the 2 December 1987 and the 26 May 2009 from the respective Defenders to their Challengers you will see similarities because the template of the 1987 letter was used by the SNG to avoid doubt, particularly as the author of said letter to the Mercury Bay Yacht Club was Tom Ehman, who now represents BMW Oracle. We are complying with the Deed of Gift in everything we do. Let's not forget that the Deed gives the Defender of the America's Cup some legitmate rights. Instead of diverting attention with groundless litigation, BMW Oracle should provide their yacht's Custom House Registry as soon as possible, as required by Deed and Court."

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1 Comments:

At 9:26 PM, Anonymous Anonymous said...

It will be interesting to see how judge Koernreich handles the outcome of the August 10 'Show Cause" hearing. If GGYC does not deliver the CHR before the hearing, they would then be in violation of the 10 month rule, by 2 days, which could affect a. disqualification, or b. the race date might then be back under the control of SNG and could possible be changed. The February date resulted from a time point that was later interpreted by the court.

At this point it would be in SNG's interest to race as soon as possible to deny BOR extensive training on whatever they will use as the challenging boat, especially if they built a new one or plan extensive modifications on BOR 90.

So it will depend on what "As soon as possible" means in the context of the 'Deed of Gift'. The judge has expressed her displeasure with GGYC in her latest ruling

 

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