By HELEN TUNNAH
OneWorld designer Ian Mitchell and the syndicate's former rules adviser, Sean Reeves, have been heavily criticised in an America's Cup Arbitration Panel ruling on claims that the Seattle team had rivals' design secrets.
Mitchell, a former Team New Zealand designer, admitted this month he had kept a computer
disk that held structural and design information from his previous job.
Reeves' extensive allegations against OneWorld, after an acrimonious split with the team last year, formed the basis of an urgent panel hearing after two rivals called for OneWorld to be thrown out of the regatta.
In two decisions, in August and this month, the panel found OneWorld broke the rules by possessing the design information of other teams, including Team New Zealand and Prada.
But in a report released over the weekend, the panel said it had not been proven that OneWorld used the material.
"Had it been proved that the information had been used, OneWorld Challenge would have been disqualified from the Louis Vuitton Cup and the match.
"The panel has not found that the design information wrongfully in the possession of OneWorld Challenge was used by its designers, although as we have said, the possibility cannot be excluded."
The acquisition of design material breaks the rules, but in both cases against OneWorld the panel has distinguished between possession and use.
OneWorld was, for the second breach of the rules, penalised a point for each of the remaining rounds in the regatta and it must win its semifinals repechage race against Oracle BMW Racing today or be out of the competition.
The five-member panel announced its second penalty against OneWorld after an urgent, two-day hearing.
In its full decision it said the punishment was harsh because Mitchell had intentionally retained design information.
OneWorld had failed to tell the panel at the first hearing that he had the computer disk.
"It is not now possible to ascertain just what design information Mr Mitchell did retain on the zip disk, since it has been destroyed. That destruction is in itself surprising, if the information was as limited as he claims."
The panel said OneWorld had admitted possession of the disk only in response to the more serious allegations made in an affidavit by Reeves.
OneWorld last year claimed Reeves had tried to sell their design secrets. He responded by saying OneWorld had wrongly obtained confidential Team New Zealand information.
Reeves' claims were not heard when OneWorld was first punished, but Prada and Team Dennis Conner had the matter reopened.
But the panel dismissed Reeves' evidence almost in its entirety.
The only material he provided that was partly corroborated related to Mitchell. The panel said in almost all other instances, and where witnesses disagreed with Reeves, they could not believe his claims.
It was "extraordinary" that he had not told OneWorld about any of the breaches of the protocol that he now says he noticed while he worked for them.
nzherald.co.nz/americascup
Racing schedule, results and standings
By HELEN TUNNAH
OneWorld designer Ian Mitchell and the syndicate's former rules adviser, Sean Reeves, have been heavily criticised in an America's Cup Arbitration Panel ruling on claims that the Seattle team had rivals' design secrets.
Mitchell, a former Team New Zealand designer, admitted this month he had kept a computer
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