Aug 10, 2006, 8:23 PM
Post #44 of 90
We should be reminded of the notes from the beginning of the thread, which explain the process that followed the incident, and how the jury had to derive the Facts Found from the testimony from the protestor and three witnesses, and not from the protestee (Brodie Cobb) who did not attend the hearing.
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Here are the notes repeated:
Note 1: 180081’s skipper did not attend original protest meeting on Sunday, July 23, 2006, He was notified of the protest hearing in the club parking lot by Mark Specter, the Protestor, that he was being protested but left the premises before the scheduled hearing.
Note 2: 180081’s skipper (Brodie Cobb) was notified in writing on Sunday evening, July 23, 2006 of the alleged misconduct and of the time and place of the scheduled RRS 69 hearing to be held on Monday, July 24, 2006. The RRS 69 notification letter was hand delivered to Cobb’s local address where the protest committee had been told he was staying. This notification included a copy of the original protest and the RRS 69 hearing notification letter.
Note 3: 180081’s skipper (Brodie Cobb) had a second copy of the RRS 69 notification hearing letter hand delivered to him by the jury chairman just before he left the dock to go racing Monday morning, July 24, 2006. The jury chairman was told that Cobb left the venue sometime after launching his boat. Cobb left a letter at Cabrillo Beach Yacht Club addressed to the jury foreman declining to appear at the scheduled hearing due to “business commitments.”
Note 4: Because of 180081 skipper’s (Brodie Cobb) decision not to appear at either the original protest hearing or the RRS 69 hearing, the jury decided to hear the adjourned valid protest to determine the Facts involved in the incident when all the other parties and witnesses (other than Mr. Cobb) to the incident were available.
Note 5: The protest hearing was tape recorded by two recording devices. A Wave copy of the July 24, 2006 protest hearing testimony will be sent to U S Sailing.
Note 6: The Jury, after hearing the testimony from the protestor and three witnesses, decided to report the incident to US Sailing with a strong recommendation for further RRS 69 or Article 14 action. Copies of the cover letter with a copy of the original protest, the facts found, and the Conclusions and Rules That Apply are sent to: