Yachting New Zealand's selection process has been left in disarray with the quashing of two of its Olympic nominations, world sport's highest disputes body was told today.
YNZ lawyer Richard Craddock QC told the Court of Arbitration for Sport that the New Zealand Sports Disputes Tribunal hearing that annulled the nominationswas chaired by a distinguished former judge in Ted Thomas.
However, that did not mean its decision last month was not wrong, he said.
"The decision left the selection process in a state of disarray and the position of the selectors untenable."
Craddock added that the tribunal, which was hearing a case for the first time since it was set up last year, was still "feeling its way".
Its ruling was important not just for yachting, but also for other sports.
YNZ had nominated Hamish Pepper for the Laser class and Andrew Brown and Jamie Hunt for the men's 470, after they won their events at the national trials off Auckland in January.
But the tribunal upheld appeals against those nominations by rival sailors, Laser specialist Andrew Murdoch and 470 pair Simon Cooke and Alastair Gair.
The appellants had contended that Pepper, and Brown and Hunt's results last year had not fulfilled one of YNZ's criteria, that crews had to show they could finish in the top 10 in Athens.
The tribunal directed YNZ to reopen the nomination process for those classes, with the Laser world championships in Turkey and the 470 world championships in Croatia, both next month, acting as virtually the final trials.
Craddock said the top-10 criterion was not meant to be interpreted strictly as a certainty that nominated sailors would finish in such a position at Athens.
Instead, the clause allowed the selectors to express an opinion based on sailors' potential for improvement and conditions expected at the Olympics.
It was YNZ's position that Pepper, and Brown and Hunt would achieve top-10 placings at Athens, while Pepper was a distinct medal prospect, he said.
YNZ appealed to the Lausanne-based CAS, which is holding a hearing in Auckland expected to last one day.
The CAS bench comprises Australian Alan Sullivan QC and two New Zealanders -- former chief justice Sir Thomas Eichelbaum and David Williams QC.
Lawyer Richard Brabant is due to present submissions on behalf of Murdoch, and Cooke and Gair.
