Statement from Tom Ehman, Golden Gate Yacht Club spokesman
[Source: BMW Oracle] The New York Supreme Court has moved the 33rd America’s Cup match another significant step closer to be being sailed under the normal, fair rules of sailing.
Justice Shirley Kornreich has adopted the unanimous recommendations made by the Expert Panel which took testimony from both Golden Gate Yacht Club and the defending Société Nautique de Geneve in New York on November 7, 2009.
“This is victory for fair rules and common sense,” said Tom Ehman, GGYC spokesperson. “Once again SNG’s attempts to bias the rules in their favor have been rejected.”
The court’s ruling that both yachts must be measured with all ballast aboard, including moveable ballast, blocks Alinghi’s attempt to circumvent the 90ft Length on Load Waterline (LWL) limit imposed by the America’s Cup Deed of Gift.
It was because of SNG’s refusal to put an International Jury in place to determine some of the sporting and technical issues that the Court called for its own Expert Panel of former America’s Cup jurors.
David Tillett (AUS), Graham McKenzie (NZL) and Bryan Willis (GBR) were “well qualified and independent,” the Court said in today’s ruling.
The Court also put a time limit on this vital matter of jury appointment, ordering that if is not settled by December 4th, 2009 the Court will ask the Expert Panel to re-convene.
“All we have ever asked is that the America’s Cup be raced under the normal rules and procedures that nearly every sailor in the world competes under,” added Ehman. “Yet again SNG has had to be reminded that the America’s Cup is not the Alinghi Cup.”