The Nippon yachting syndicate successfully protested against an illegal rudder on Stars & Stripes after speaking with America's Cup Challengers Association president Dyer Jones.
Nippon's rules adviser, Marcus Macdonald, said Jones had asked the syndicate's business manager Terry Newby if he was aware of the strong rumours circulating about Team Dennis
Conner.
The move could have been seen as Jones tipping off the Japanese about a rules breach, but Macdonald said Jones' actions were correct.
"From Dyer's point of view he has to be very concerned about the good standing of this event, and maintaining the reputation of this event," Macdonald said.
"I've got to say ... Dyer was not breaching any confidence. It was exactly in accordance with his role as president of ACCA. He has to run a proper and efficient and fair organising body.
"If there is a matter affecting one of the challengers, and he becomes aware of that, he should let them know."
The jury stripped Stars & Stripes of a point from their overall tally as punishment for breaking the rules, but they were not disqualified from the race with Asura so kept the point for that win. Nippon were to decide late last night whether to ask the jury to reconsider the disqualification.
As ACCA president, Jones, a former Commodore of the New York Yacht Club, must be seen as being neutral to all teams.
Technically, Stars & Stripes' use of a rudder built in Australia - rather than the United States or New Zealand - rules them ineligible to sail for the America's Cup because it means the syndicate cannot sign the mandatory declaration that they have abided by the rules of the regatta as required by the Protocol.
Either the America's Cup Arbitration Panel or the international jury is expected to consider this issue before the final challenger is declared.
Jones said he had not tipped off Nippon. "I had conversations with the Nippon challenge; they already had the information," he said.
"I have no idea where this information started. I am not about to start rumours and nor am I allowed to show any favouritism to any sort of team.
"We are trying to run a fair and even series for six teams."
Macdonald said Nippon began to suspect a problem when Stars & Stripes was immediately modified after beating Asura in the first race of the semifinals on January 2.
Stars & Stripes also submitted a response to an America True request to the arbitration panel to interpret the protocol about where rudders can be built.
"Immediately after Stars & Stripes did their change, they lodged a submission which effectively said a syndicate could manufacture an appendage anywhere,'' Macdonald said.
"This was a very, very strange interpretation of that provision. That made us sit up and take notice, but we didn't do anything about it.
"We didn't go hunting around to find out if anything was going on or not.''
- NZPA
The Nippon yachting syndicate successfully protested against an illegal rudder on Stars & Stripes after speaking with America's Cup Challengers Association president Dyer Jones.
Nippon's rules adviser, Marcus Macdonald, said Jones had asked the syndicate's business manager Terry Newby if he was aware of the strong rumours circulating about Team Dennis
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