NZ Herald
  • Home
  • Latest news
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather forecasts

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
    • The Great NZ Road Trip
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
    • Cooking the Books
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • What the Actual
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / Sport / Sailing / America's Cup

America's Cup: Judgment leaves Oracle reeling

Paul Lewis
By Paul Lewis
Contributing Sports Writer·NZ Herald·
4 Sep, 2013 05:30 PM5 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Team NZ wing trimmer Glenn Ashby spoke to Herald on Sunday Sports editor Paul Lewis about his role, and also the effect of the America's Cup jury docking Oracle Team USA two points and banning a leading Oracle sailor.

Never before has any team been so heavily penalised or been held up to such unflatteringly intense scrutiny.

The America's Cup has never seen anything like it.

Lies, deceit, cheating, ignorance of the rules and ineffective management have led to the expulsion of two top Oracle Team USA sailors (one temporarily) and the docking of two points for the first-to-nine races final of the America's Cup.

Another Oracle sailor was in breach but not punished while two shore crew members were also excluded from the Cup over five incidents detailed by the America's Cup international jury concerning illegal modifications made to Oracle's AC45 catamarans.

It was a damning, scorching judgment which left little doubt that Oracle are a wounded team, some of whom have been at odds with others. It left no doubt the jury felt that cheating had taken place to aid performance in spite of protestations to the contrary.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

"The performance enhancements would likely be small," the jury said, "but making many small enhancements is the nature of winning races at the top level of the sport, particularly in a one-design class with a closed rule."

The jury also suggested that two team members - leading wing trimmer Dirk de Ridder (now expelled from the event) and shore crew member Andy Walker (a New Zealander, also expelled) - had not told the truth.

It could have been even worse. The jury said in their report: "The jury failed to discover which individuals were responsible for all the breaches, resulting in concerns there may have been more.

"It also seems inconceivable that boat riggers initiated these changes without the knowledge of managers, or the direction of sailors, if not skippers," the report added.

Advertisement
Advertise with NZME.

Never before has any team been so heavily penalised or had their internal workings held up to such unflatteringly intense scrutiny after allegations of cheating.

Oracle management also came in for criticism. While the jury accepted that chief executive Sir Russell Coutts, general manager Grant Simmer and No2 skipper Sir Ben Ainslie were "respected professional sailors" who were shocked and disappointed by the cheating, systems and management were queried.

Their method of ensuring that individuals knew the rules were that team policy documents were left on the shelf. "There is corporate responsibility to ensure individuals are aware of the rules needed to discharge their duties in a compliant manner," the jury said in their report.

"The breaches were for the benefit of OTUSA. The conduct which was the subject of the rule breaches was passed from one individual to another to transfer them between boats, suggesting a corporate failing in addition to the failing of individuals.

Discover more

Business

Sports drink gets a feverish reception

03 Sep 05:30 PM
America's Cup

Oracle's cheating penalty

03 Sep 08:11 PM
Sport

America's Cup champion Oracle docked 2 points

04 Sep 03:06 AM
America's Cup

Dana Johannsen: Heavy toll on Oracle

03 Sep 09:24 PM

"The jury does not accept OTUSA management's claim they had adequate systems in place to ensure employees complied with the class rule and that it was effectively the actions of a small number of misguided employees whom they had or would take action against.

" ... the stark reality is a series of breaches occurred over a period of time which clearly demonstrated that their systems were not adequate or robust as demonstrated by multiple breaches at multiple events."

The jury also said it failed to discover those responsible for all the breaches, leading to concerns there might have been more. "For example, there was evidence of a bag of lead being inserted into a king post but no evidence of who removed it or what happened to it."

The reports seem to point at an America's Cup team divided, at least in part. Throughout the jury's two reports are references which hint at that - like the testimony of shore crew member Bryce Ruthenberg and that of back-up wing trimmer Kyle Langford, both of whom were commended for their honesty by the jury (though both were still found in breach; Langford without punishment).

Oracle shore team manager Mark Turner said boat builder Andrew Walker was in charge of the shore team at the Newport, Rhode Island, AC45 regatta in June last year (when some of the illegal modifications were made). Walker denied that.

The jury also outlined a review by America's Cup Event Authority chief executive Stephen Barclay, the New Zealander at the head of the body organising the event (as opposed to the racing). Barclay had been asked to comment on the effect of wrongdoing on the Cup - but said the public response to Oracle's conduct was negligible and would have "no measurable impact" on the future commercial interest of the America's Cup.

Advertisement
Advertise with NZME.

However, Oracle general manager Simmer had different views: "... in his evidence, [Simmer] stated that the team is damaged in reputation, in terms of the outside sailing world, owners and sponsors. Sponsors had not pulled out, Simmer said, but Oracle Inc is really upset."

Oracle No2 skipper Ainslie also told the jury that it was not good to be associated with the cheating inquiry with reference to his own reputation. He was concerned about sponsorship for future Cup campaigns

The jury took into account mitigating factors, including Simmer's cooperation with the jury, the disruption to the team, the interruption of their training, the loss of a valued wing trimmer, the stress and reputation damage to innocent members of the team - and said the penalty would have been heavier if not for those factors.

They also did not want to apply a penalty which would determine the outcome of the America's Cup - something best decided on the water.

What it means

* Oracle docked two points
* Fined US$250,000 payable to charity
* Four Oracle individuals excluded from the regatta
* Oracle now need to win 11 races to hold on to the America's Cup
* Team New Zealand need to win nine
* Oracle have lost the services of their top wing trimmer Dirk de Ridder, one of the world's best and a vital cog in the machine.

Advertisement
Advertise with NZME.
Save

    Share this article

Latest from America's Cup

Premium
America's Cup

Where to from here? Key questions in new America's Cup cycle

05 May 03:00 AM
Premium
America's Cup

Splits and exits: Why America's Cup drama is only just beginning

29 Apr 02:17 AM
America's Cup

'An orderly wind-down': Why America's Cup challenger won't return for next cycle

19 Apr 08:17 PM

One tiny baby’s fight to survive

sponsored
Advertisement
Advertise with NZME.

Latest from America's Cup

Premium
Where to from here? Key questions in new America's Cup cycle

Where to from here? Key questions in new America's Cup cycle

05 May 03:00 AM

How a Kiwi ace could become hot property on the international market.

Premium
Splits and exits: Why America's Cup drama is only just beginning

Splits and exits: Why America's Cup drama is only just beginning

29 Apr 02:17 AM
'An orderly wind-down': Why America's Cup challenger won't return for next cycle

'An orderly wind-down': Why America's Cup challenger won't return for next cycle

19 Apr 08:17 PM
Premium
'Don't think we're that far away': Dalton heads north in search of AmCup venue

'Don't think we're that far away': Dalton heads north in search of AmCup venue

15 Apr 12:00 AM
Connected workers are safer workers 
sponsored

Connected workers are safer workers 

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • What the Actual
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven CarGuide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP