Cheminées Poujoulat disqualified from the Vendée Globe 2012-2013

Bernard Stamm on Cheminées Poujouat at anchor in Dunedin during the Vendée Globe 2012-2013 © Bernard Stamm / Cheminées Poujouat

Bernard Stamm on Cheminées Poujouat at anchor in Dunedin during the Vendée Globe 2012-2013 © Bernard Stamm / Cheminées Poujouat

The International Jury, which is independent from the Vendée Globe Race Directors, the Race Committee and the organizers of the Vendée Globe, have taken the decision to disqualify Bernard Stamm (SUI, Cheminées Poujoulat) for an infringement of article 3.2 of the Notice of Race.

Following the skipper's pit stop on 23rd December south of Enderby Island (Auckland Islands, NZ) to repair his hydrogenerators, the Race Committee lodged a protest against Cheminées Poujoulat for receiving assistance.

Bernard Stamm has 24 hours (in other words until Thursday morning) since being notified of the decision to request the jury re-examine his case, as laid down in race rule 66, and will have to state his reasons with new information. If no request is forthcoming at the end of this time period, the decision will stand. The Race Committee also has the same possibility to reopen the case.

The other competitors in the race also have the right to ask for redress within 6 hours of being informed of the decision, if they consider they are affected by the jury's decision.

Here are the details of the protest lodged by the Race Committee against Cheminées Poujoulat, the procedures, the facts as they have been presented, the conclusion and the jury's decision.

Case 4 - Protest Race Committe vs Cheminées Poujoulat

Proceedings

24 12 2012 at 12h13, the Race Direction send the jury a report about an incident involving Cheminées Poujoulat while in the Auckland Islands

24 12 2012 at 15h07, the Race Committee sends the jury and the Race Direction an intention to protest Cheminées Poujoulat for an alleged breach of NOR 3.2.

24 12 2012 at 15h53, the race direction inform Cheminées Poujoulat of the intention to protest from the Race Committee.

26 12 2012 at 12h57, the Jury request Bernard Stamm to give comments on the protest, attaching the report from the Race Direction on which the protest is based

26 12 2012 at 21h37, the Race Committee send the jury the complete protest

27 12 2012 at 07h31, the Jury forward Cheminées Poujoulat the complete protest from the Race Committee

28 12 2012 at 10h50, Regis Rassouli, from Cheminées Poujoulat team, sends the jury an information saying that Bernard Stamm was back in the race and would send his report about the incident as soon as possible.

29 12 2012 at 10h40 Bernard Stamm sends the Jury his report.

Facts found

On 22 12, Bernard Stamm decides to change course toward the Auckland Islands in order to repair the hydro generators.

Until 23 12 at 04h00, Bernard Stamm sails by his own means to Sandy Bay, prepared to anchor.

At 04h53, Bernard Stamm anchors in the bay after having unsealed the engine and the heavy anchor.

At 20h00, Bernard Stamm notices the presence of a Russian scientific ship Professeur Khoromov moored close to his position. Then, within half an hour, Bernard Stamm notices his boat is drifting.

Seeing the boat is drifting toward the ship, Bernard Stamm calls her by VHF. During the chat with the crew, they propose to moor his boat to the ship.

Considering this is an emergency situation, Bernard Stamm decides to use the ship as a mooring and informs the crew of his decision by VHF.

Then Bernard Stamm prepares the boat to move, sets the sails and turns on all devices. Coming back in the cockpit, Bernard Stamm notices that a person from the ship is on board his boat and has begun to recover the anchor.

Bernard Stamm starts the engine and turns on the auto helm, then goes to the bow to recover the anchor.

Bernard Stamm decides not to ask this person to leave the boat "when I saw him on board I did not find any reason that could justify to send him back from the board".

Bernard Stamm comes back to the engine controls and at the helm and the person at the bow throws the line on the Russian boat to make it fast.

Immediately afterwards, the person leaves Cheminées Poujoulat and returns to his RIB.

Once the boat has been correctly moored behind the Professeur Khoromov, Bernard Stamm goes to say hello to the two people in the RIB, and then they offer help. At this time, Bernard Stamm explains clearly the situation, that he is racing, that he is not entitled to any help.

Bernard Stamm considers that this was a case of absolute necessity for which it was needed to act in order to secure the boat and to prevent creating a problem for the ship moored nearby.

Conclusion

Mooring to another boat is a breach of the first sentence of NOR 3.2.

By not asking the person on his boat to leave when he discovered him, Bernard Stamm broke the second sentence of NOR 3.2.

The mooring of Cheminées Poujoulat to the Professeur Khoromov was made with the help of the person on board and the crew of the Professeur Khoromov. This is a breach to the second sentence of NOR 3.2.

Even though not requested, the assistance received from the crew member by Cheminées Poujoulat to secure the Cheminées Poujoulat and to prevent creating problem for the Professeur Khoromov constitutes a breach to NOR 3.2, and the material contact with another boat by mooring to her constitutes a breach to NOR 3.2 and to the principle of NOR 3.

Decision

Cheminées Poujoulat is DSQ from the Vendée Globe under NOR 3.2, fourth sentence and SI 11.2

Date 01 01 2013 at 18h00

The International Jury

Bernard Bonneau (FRA); Ana Sanchez (ESP); Trevor Lewis (GBR); Jack Lloyd (NZL); Georges Priol (FRA)

www.vendeeglobe.org/en

Golding comments on Stamm disqualification

Commenting immediately after being told the news that Bernard Stamm was disqualified from the Vendée Globe for receiving outside help, Golding said, "While the decision might technically be correct, it doesn't feel right. Bernard, perhaps more than others, has worked extremely hard to get to this Vendée Globe and is a great competitor.

"The Vendée Globe is the pinnacle of offshore racing, solo and without assistance. To preserve the fundamental ethos of the Vendée Globe we have to live by the sword and die by the sword. Part of the lure of the race is that it is without assistance and so places the ultimate premium on self-reliance.

"I think I can see the thinking behind the decision. The rules are the rules and all that. But I think when you know all the story about Bernard and you know the situation he is in now, facing a good chunk of South Pacific to sail across and then icebergs at Cape Horn and the problems he still has, I think it just doesn't feel right. It doesn't feel like the right thing. But as I say, the rules are clear and unfortunately, based on the information I've got, it sounds like the rules were inadvertently, and I think I make that point, inadvertently breached. I am not sure about it at all, it doesn't feel right to me and I really...... I am very, very sad for Bernard and I hope he can get an appeal together and stay in the race.

"Poor Bernard, he'll be devastated. I really empathise with his situation and with almost a duplication of what happened in the last edition, the safety of the boat and those around him must come first.

"The race, for the leader, is about being the leader, but for the boats that are further back, including myself, the race is about the atmosphere at the start, the atmosphere at the finish and the amazing adventure you have in between. The rankings, the classement, it is something you follow, it keeps you driving on and keeps you pushing your boat and keeps you trying to catch the boats in front and stay away from the boats behind, but it is not the only driver to doing the Vendée Globe. I think the reception Bernard gets as he goes up the canal in Les Sables d'Olonne, will be, and should be, equal and perhaps greater than the boats around him. Bernard is a very popular skipper, and rightly so, he is a lovely guy, and he has worked extraordinarily hard on this project, and I think everyone in this race, and everyone of his followers and the followers of the race will be really upset by the prospect of a seemingly heartless jury, making a decision that perhaps they had to make."