protesting as a witness

   A protestee that does not come to a properly notified protest hearing risks the protest being decided on the evidence of the protesting boat alone, and obviously forfeits the chance to explain or defend her position.

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Brass Send Private Message Find Member's Posts Really should get out more Joined: 24 Mar 08 Location: Australia Online Status: Offline Posts: 1151	Post Options Post Reply Quote Brass Report Post Quote Reply Topic: protesting as a witness Posted: 25 Mar 21 at 10:07pm
	A protestee that does not come to a properly notified protest hearing risks the protest being decided on the evidence of the protesting boat alone, and obviously forfeits the chance to explain or defend her position.

davidyacht Send Private Message Find Member's Posts Really should get out more Joined: 29 Mar 05 Online Status: Offline Posts: 1345	Post Options Post Reply Quote davidyacht Report Post Quote Reply Posted: 25 Mar 21 at 9:51pm
	Boat B might have born off behind Boat A to gain a tactical advantage... for instance to get to the left hand side of the course, or to get Boat A to overstand the lay line, or simply that he/she owed Boat A one . Would Boat A still have to turn up to the protest hearing to explain their actions?
	Happily living in the past

Brass Send Private Message Find Member's Posts Really should get out more Joined: 24 Mar 08 Location: Australia Online Status: Offline Posts: 1151	Post Options Post Reply Quote Brass Report Post Quote Reply Posted: 25 Mar 21 at 9:06pm
	A boat seeing an incident between two other boats most certainly can protest one or both of them. This is specifically contemplated in rule 60. 60. RIGHT TO PROTEST; RIGHT TO REQUEST REDRESS OR RULE 69 ACTION 60.1. A boat may protest another boat, but not for an alleged breach of a rule of Part 2 or rule 31 unless she was involved in or saw the incident ... The representative of the boat that saw the incident, and is protesting needs to have been on board at the time of the incident, but that won't usually be a problem.

ClubRacer Send Private Message Find Member's Posts Far too distracted from work Joined: 26 Sep 15 Online Status: Offline Posts: 210	Post Options Post Reply Quote ClubRacer Report Post Quote Reply Posted: 25 Mar 21 at 7:05pm
	Example; Boat A on port crosses in front of Boat B on starboard but Boat B has to bear away to avoid a collision. Boat B is too kind to hail protest but can Boat C who saw it all clearly then protest Boat A for breaking rule 10? While looking through rule 63 it says; "63.3 Right to Be Present (a) A representative of each party to the hearing has the right to be present throughout the hearing of all the evidence. When a protest claims a breach of a rule of Part 2, 3 or 4, the representatives of boats shall have been on board at the time of the incident, unless there is good reason for the protest committee to rule otherwise. Any witness, other than a member of the protest committee, shall be excluded except when giving evidence." Would Boat C have their protest dismissed?