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.
The appeal is dismissed and the jury decision stands.