9:38 PM Wed 30 Sep 2009 GMT
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'Alinghi 5 in Genoa showing her hull overhangs. It is claimed that she will go over the 90ft Load Water Line maximum is she has to be measured with full ballast tanks'
Carlo Borlenghi / Alinghi©
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Golden Gate Yacht Club has released its Reply to the Opposition papers filed late last week in the New York Supreme Court, by the America's Cup Defender, Societe Nautique de Geneve.
The San Francisco, USA based Challenger for the 33rd America's Cup filed a motion to re-argue an earlier decision by Justice Shirley Kornreich that under a strict reading of the Deed of Gift, SNG, as Defender, had the unfettered right to write and enforce rules for the Match scheduled for Ras al-Khaimah UAE, in February 2010.
That right was further enhanced by an agreement signed between the International Sailing Federation and SNG, assigning rights and rules determination processes across to SNG for the Match.
The SNG/ISAF agreement, which was confidential, was released to the sailing public in mid September after papers were filed for removal of confidentiality by Golden Gate YC and New York lawyer and sailing commentator, Cory Friedman. The release of the agreement was tempered by an accompanying letter from SNG advising the parties that while it certainly had draconian powers in regard to the rules, it would not be using them.
The accompanying statement issued by Golden Gate YC says: 'In our continuing fight for fair rules, and to stop SNG from trying to disqualify our challenge vessel even before it races, GGYC has served our reply brief and exhibits on SNG. Our latest filing is a point by point rebuttal of SNG's opposition papers to our motion asking the the Court to reconsider its previous decisions concerning racing and measurement rules governing AC33. '
Many of the points covered in the Reply were covered in an
earlier Sail-World commentary
.
The Hearing to Re-Argue, if accepted by Justice Shirley Kornreich in the New York Supreme Court will be led by Golden Gate YC's new counsel, David Boies, on a date yet to be set.
If Justice Shirley Kornreich declines the Motion to Re-Argue then it is likely that the matter will be taken to Appeal.
Amongst other matters the Reply covers the points of:
- whether the Rudder is included in the measurement of Load Water Line.
- use of water ballast, and whether ballast tanks need to be full when the Load waterline Measurement is made (meaning that a yacht could measure longer than the 90ft LWL maximum).
- the degree of control the Defender has in making the Rules for the regatta, which it is claimed go beyond the authority of the Deed of Gift
- the degree of control the Defender has obtained from the International Sailing Federation over the selection of race officials, particularly the International Jury, which are unprecedented in the sport.
The Reply can be read on the Golden Gate YC
www.ggyc.com
or by
clicking here
Two Affidavits are provided, one from leading multihull designer, Gino Morrelli who counters many of the points raised by Alinghi designers, Rolf Vrolijk and Tom Schnackenberg. Morelli's affidavit can be read by
clicking here
. Morrelli is engaged as a designer by BMW Oracle Racing.
The second, and independent, Affidavit comes from the highly respected international measurer, Ken McAlpine (Australia) who has been involved in the measurement of America's Cup yachts since 1988. He comments on the assertion, by Schnackenberg, that inclusion of the rudder is accepted as part of the load waterline measurement. McAlpine's Affidavit can be read by
clicking
here
A response has not been made by GGYC to SNG's Open Letter of yesterday, inquiring as to the intentions of the Challenger regarding the venue, Ras al-Khaimah, nominated for the 33rd Match for the America's Cup to be conducted in giant 100ft plus multihulls.
by Richard Gladwell
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