Shaun Ritson was appointed the Technical Committee for Sail Melbourne 2020, in this position according to the RRS he had to protest two 470 teams. 

“I was appointed as the IM by Australian Sailing for the Sail Melbourne Regatta held at Brighton and Sandringham Yacht Clubs in January 2020.

The regatta was an Olympic qualifying event for the 470’s although the majority of National teams has already qualified for the Olympics and did not attend. As it turned out two teams entered the event, one from Australia and one from American Samoa. The American Samoan team were seeking Olympic selection.

On day two of the event I decided to do a spot check of each of the competitors. I asked the organisers to request the owners present their boats and measurement certificates at 10am on the morning of day 3.

I met with each of the teams and was presented with their measurement certificates at 12:30 pm on Day 3. Upon inspection, neither of the certificates was in the name of the yacht’s owner.

I reviewed the 470 class rule and identified that a 470 is required to have a valid measurement certificate, and that change of ownership of a yacht invalidated the yachts measurement certificate. A review of the Notice of Race and Sailing instructions did not mention any requirements for a competitor to comply with their class rules. However, Racing Rule 78.1 requires that “While a boat is racing, her owner and any other person in charge shall ensure that the boat is maintained to comply with her class rules and that her measurement or rating certificate, if any, remains valid.”

Racing Rule 60.4 stipulates that a technical committee shall protest a boat if it decides that a boat or personal equipment does not comply with the class rules.

I advised each of the competitors at 16:30 when they returned from sailing that I was lodging a protest in relation to neither yacht complying with the 470 class rule.

The competitors seemed understanding of my position. I didn’t enter into any discussion or arguments about the matter with them, instead I pointed out that it was the jury they had to convince not me.

A hearing was held later that evening. The jury found that I had been duly appointed as the technical committee for the event and that the protest was valid. In their defence the competitors presented that it was an accident, they didn’t know, and they hadn’t intentionally not complied with the rules.

The jury found that the yachts had competed during the first two days without valid measurement certificates and each yacht was disqualified from all races completed during those days. By the time the protest was heard each yacht had applied for and received new measurement certificates On that basis the jury found the results from day 3 could stand.

I took no pleasure in protesting over what seems like a relatively trivial matter, however under the Racing Rules I have no discretion in this situation.

My personal view is that these teams were competing to represent their countries at the very highest levels of our sport. I question whether you can compete at that level without reading and understanding your obligations under the documents governing the event including the Notice of Race, Sailing Instructions, Racing Rules and Class Rules.”