Over the last few years we have seen a rise of appeals to protest cases come to us.
I think it is time to once again make clearer to sailors what we (EDNIA) really do:
Like appeals boards in summer sailing that national authorities have…. and ISAF too, we keep a close eye on procedures and application of the rules of sailing.
So when a new case comes in, step one and two are to make sure all procedures were followed to come to a protest hearing that is fair to everyone involved with a jury unbiased in the matter.
Step three is coming to the facts found and if step one and two were followed to our satisfaction, we have to trust the jury at the time to have come to the actual facts.
The last step in our consideration is to see if the correct rules were applied to the facts found to reach the correct decision.
Last winter all jury decisions were correct to our opinion.
My personal advice to sailors that do not agree with jury decisions that go against them: The place where you need to direct your efforts is in the coming to the facts found. Going around to find possible witnesses and bringing them to the hearing gives you the best chance there! Don t forget to locate video evidence as well (i.e. that solved the most difficult case in 2016). Once the facts found are established there is usually not much we can do….
One last piece of advice: Never communicate to your insurer that you do not agree with a jury decision. Not agreeing does not lift your liability! But this kind of communication can make it difficult getting your insurer to cover your liability, even though you paid for it…..
Chairman of EDNIA
Vaiko Voorema, Dietmar Gottke, Hans Adolfsson, John Winquist, Daan Schutte