mad
Super Anarchist
How did I get dragged into this one? :lol:WARNING
I’m sleep deprived and fucked. Following a lousy day race on line has killed me more than a VG or god forbid a real RTW one.
If you have some smart fuck reply without some degree of intelligence (not much required) to this post be warned. I will send @mad and my ex mother in law around to your place to tear your bloody arms off. The latter is good at it. I can only now type using my nose and in upper case using my dick.
As every good story needs a Prelude, this is mine.
PRELUDE
I have no one to thank. I do apologise however to those who are thinking “why hasn’t the Sparrow given me a Likey today. I ran out because it seems there is some limit here on SA after Randumb gave me 567 dislikes in 30 minutes and the ED noticed something was amiss.
So to those two posts above which has sent my nose going mad. Chopper a useless fool at best and Glenn who has forgotten more about RRS than most here know except @shanghaisailor, graciously replies to the fool? What is that I say to myself, Glenn stops there like a pregnant lady caught crossing the street and no more?
THE STORY
Glenn you lazy sod there is one mechanism available, much as I think it is an abhorrent rule in its current form.
In this case we have here a Protest by the RC that has been determined by the IJ to be invalid so normally end of story.
However if any competitor or non-competitors alike were of the view the PC/IJ were not provided with a true statement of fact by the Protester, in this case the RC, and used by and as published by the PC/IJ to principally support their decision to deem the Protest invalid, then that decision is potentially open to being overruled under Rule 69 on the basis the facts presented by the Protester, in this case by a RC and having far wider implications than a sole protester, so bringing the sport into disrepute under Rule 69.
It may sound like a long bow to draw but if any aspect of those facts presented by the RC to the PC/IJ are shown to be factually incorrect and they are instrumental to the decision made by the PC/IJ, then it is game on. To avoid any misunderstanding and state the obvious this prospect of a Rule 69 Protest by a third party has nothing to do with WOXI infringing or not. It is directed solely at the RC and the facts they presented to the PC/IJ. The aguement is because of this the PC/IJ had no option but to rule the RC's own Protest invalid, thus prventing the nature of the Protest being properly examined and determined.
I would not mention this aspect unless I believed it applied here and in particular these statements of fact as presented by the RC and read in conjunction. They are:
Facts Found: Facts on Validity
1. Black Jack and Wild Oats Xl both competed in the Rolex Sydney Hobart Yacht Race 2018 (the Race).
2. Shortly after finishing, the owner of Black Jack submitted a report to the Race Committee alleging that Wild Oats Xl's AIS "had not transmitted throughout" the Race.
3. Prior to the report, the Race Committee had "no knowledge of an issue" with Wild Oats Xl's AIS.
4. As a result of receiving the report, the Race Committee conducted an investigation into AIS tracking records in respect of Wild Oats Xl. The Race Committee obtained evidence from its own investigation that Wild Oats Xl may have breached Sl 11.4 and therefore submitted the protest.
Diagram: Not Applicable.
http://www.rolexsydneyhobart.com/media/3438889/ccf29122018.pdf
Put simply #3 (my bold emphasis) is horseshit unless the RC were hiding under a rock while the RO's own media people were launching off the boat interviews into the Interweb and national TV stations were all falling over them selves to keep up with live crosses. This is where BJ's complaint came to light, not some report lodged with the RC hours later.
Now Glen I have a very big question of you. But before asking it I note you and I have very similar views and we both clearly don’t have a dog in the fight as indicated by our respective posts below, albeit in your case you were disadvantaged by not having full information to hand making yours thinking a competitor protest was afoot, due to time zone delay in the USA 3rd world.
QUESTION FOR GLENN
Mate do you reakon a Rule 69 Protest by a third-party as outlined above are "time barred" under RRS, noting boats are still out there on the course into tomorrow? Don't confuse this request with one of Protest prospects, but do note there are many crazy fuckers online with funny names with more money than God and may have some New Year save sailing resolution going..
Don't chicken out on me now Glenn.
