Yachting: Alinghi bosses threatened with jail

Top Alinghi officials are facing threats of fines and even imprisonment if BMW-Oracle are successful in their bid to have the America's Cup defenders found in contempt of court.

The latest legal twist in the bitter 21-month feud between the two rival syndicates centres on the date on which they will meet in the 33rd America's Cup.

After the failed attempts of the two teams to negotiate a traditional multi-challenger regatta, Alinghi announced they would meet Oracle in a rare Deed of Gift challenge in giant multihulls in May next year.

This appeared to contravene an earlier court ruling that set down the date of the first meeting for February 8.

The Golden Gate Yacht Club (GGYC) has now gone back to the New York Supreme Court and persuaded it to issue an order directing Alinghi to explain why they should not be held in contempt of court.

A court hearing has been scheduled for two weeks' time.

The front page of the court notice, signed by "the Honourable Judge Kornreich", reads:

"Pursuant to Judiciary Law 756 and this court's inherent remedial authority, please take notice that the purpose of this hearing, inter alia, is to punish defendant Societe Nautique de Geneve for contempt of court and such punishment may consist of a fine or imprisonment or both according to law."

An added warning states: "Your failure to appear in court may result in your immediate arrest and imprisonment for contempt of court."

The documents imply such punishments could be dished out to Alinghi head Ernesto Bertarelli, his skipper, Brad Butterworth, and the commodore of his challenging club, the Societe Nautique de Geneve.

SNG are expected to argue their basis for a May 2010 event is consistent with the rules set down in the Deed of Gift for a defence in the Northern Hemisphere, whereby match races can be held only between May 1 and October 31.

But Golden Gate spokesman Tom Ehman contends Alinghi are just trying to buy further time while they attempt to build a giant multihull fast enough to rival BMW-Oracle's spectacular 90ft trimaran.

"By forcing litigation over our rightful challenge, they have already managed to delay the match from July 2008 to February 2010," said Ehman. "Now they seek another three-month delay, in defiance of the court's clear mandate. Enough is enough."

Court arguments lodged by Golden Gate go further, accusing the Swiss of attempting to "further unravel the competitive balance struck under the deed".

"With each passing day beyond the 10-month advance notice prescribed in the deed, SNG gains a competitive advantage with respect to GGYC to which it is not entitled."