Onus on Cup rivals to prove rule breach

By HELEN TUNNAH

The America's Cup international jury has made challenges to Team New Zealand's radical clip-on hull even more difficult by ruling that rivals must prove how the holders are breaking cup rules.

The hull appendage, nicknamed the "hula", came under attack immediately after its unveiling this week. Overseas critics complained that Team New Zealand were "driving a truck" through the rules.

The appendage, which fits snugly just millimetres below the hull and is described as the most innovative design in the America's Cup campaign for decades, aims to increase the boat's waterline length, therefore increasing speed.

Under the event's rules, the appendage must never touch the hull except at the point where it is actually attached.

Despite already being approved for use by official measurers, Louis Vuitton Cup finalists Oracle BMW Racing and Alinghi of Switzerland remain unconvinced about its legality.

Alinghi asked the international jury how a team could prove the appendage never touched the hull, and whether the word of a team was sufficient for officials.

But the jury's replies yesterday appear to strengthen Team New Zealand's position, while making it difficult for their eventual challenger in the America's Cup to lodge a successful complaint against the hula.

The jury has said that for it to consider any protest valid, which could lead to a penalty such as the loss of a race, it required "clear and convincing evidence" that the appendage had touched the hull.

It also said it was bound by the advice of the official yacht measurers, who may seek some form of demonstration that the hula complied with the rules.

Alinghi asked if a team might have to take part in post-race inspections, possibly involving the use of an electronic device or colouring checks - to reveal scuff marks - to prove there was no contact.

Team New Zealand said yesterday the hula had already been checked by measurers, although they would not reveal how they proved the design met the rules, and it appeared now that the burden of proof for a complaint would lie with a protester.

Rules adviser Russell Green said the jury made it clear that compliance procedures would be set by the measurement committee and not by any team.

"The measurement committee has jurisdiction. A technical protest has to be referred to them. The jury is bound by their reply."

Syndicate head Tom Schnackenberg said this week the hula had undergone a rigorous checking process with measurers.

"The requirements were quite stringent. We have had the gaps big enough and designed the boats full enough so they don't touch."

Alinghi skipper Russell Coutts said yesterday the Swiss team had decided not to race with a New Zealand-style appendage in the challengers final because they did not want to be distracted by a "huge row".

Coutts, writing in London's Daily Telegraph newspaper, said they had talked to the measurers about how to keep a hula legal.

"The crucial point is that the rules say the second skin must not touch the hull and it's a valid question to ask how you can be sure of this every minute of every race."

On the eve of the Louis Vuitton challenger finals, which start tomorrow, speed restrictions have been imposed.

A maximum speed of 10 knots is permitted from the Auckland Harbour Bridge out to the racetrack area. This will apply between 10.30am and 12.30pm and from the conclusion of racing until 6pm. Until now no speed limit has been set.

nzherald.co.nz/americascup

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