This appeal was filed by Fredrik Lönegren. S-8, against the jury decision in his protest against Lukasz Zakrzewski, P-155 at the European championships 2015, race 5 gold fleet.
Some minor procedural mistakes were made in convening this protest, which we will address in a separate note to the IDNIYRA-Europe Board, but these were not relevant to the outcome of this protest. In this protest, S-8 alleged that P-155, coming into the top mark on port tack, sailed between the mark and the darling mark before making his final tack and rounding the first top mark.
Both parties were heard, plus three witnesses; two PRC observers at the top mark and sailor Peter Hamrak (M-53). None of the 5 saw P-155 sailing between the mark and darling mark at the time of the
mark rounding. The jury could not establish the relative position of P-155 and M-53, the two closest positioned yachts at the relevant time.
The jury found insufficient evidence that P-155 sailed between the mark and darling mark. And consequently dismissed the protest.
EIA found that the jury used correct procedure to establish the facts and came to the right conclusion, given the facts.
Decision:
The appeal is dismissed and the jury decision stands.
Dear friends. I’m not happy with EIAs decision. Its supporting anti sportsmanna behavior and dangers sailing. Even if I don’t like the decision I have accepted it ( can’t appeal any longer)………….
I want to keep this sport atractive! I hope that all around also whant that. If we behave with this bad quality to run a major race, its a risk that we kill the sport.
We must trust each outer, like real sportsmen. That’s what I liked with DN when I started. The easy communication and god attitude.
Come on we can do better!!!?
To help every one to understand. I want to put “every cards on the table”.
You cand find the protest history at “Idniyra Europe” facebook (in comments).
Or in the links below.
Enjoy your summer/ S8
1. The original protest. https://drive.google.com/file/d/0B2-QN44CZcNzTWVCa3JLbXFGYlU/view?usp=sharing
2. My appeal https://drive.google.com/file/d/0B2-QN44CZcNzNmV2ZDcxOTBNYmlnOVlfandkbW5XUEhhQTBF/view?usp=sharing
3. EIA decision https://drive.google.com/file/d/0B2-QN44CZcNzTWZDbTVqdU9iZ2dSNjJFRDg0REdsa3BDWUN3/view?usp=sharing
4. Jury protocol March 5th, that I recived May 3rd (its in Greman, so I cant read it). https://drive.google.com/file/d/0B2-QN44CZcNzVUM5RGdzb0R3NkE2U0tqWFNJRjA0UWszdFFv/view?usp=sharing