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Are you puzzled or intimidated by the protest process?
Here's a blueprint for jury work.
Jury work can be intimidating. The nuances of the rule book can be a little mysterious and it's easy to fear making a poor decision in a protest hearing.
Fact or fiction?
Well, perhaps a little of both. While it's true that there are nuances in the rule book, 99.9% of all protests are over simple matters based upon two sailors having seen the same incident from different perspectives. Both parties feel they're right, because of the way they each saw the situation (plus a little good-old-fashioned bias because the incident involved THEM!)
The process of finding out what happened from the differing viewpoints is made much easier by following solid protest hearing procedures that will give each party to the protest a good opportunity to make their case...and that will ultimately make your job easier.
Here's how to run a protest hearing (with hints), step-by-step:
Before the Hearing
Make sure protestee has a copy of the protest. (Copy machines are great.)
Have all witnesses nearby.
Make certain no jury member is an interested party or brings such bias that it should cause
recusal.
Protest Preliminaries
One party represents each side.
Introduce everyone to everyone else.
Ask if there are any objections to interested parties.
You ask as a courtesy, it’s the sailors’ responsibility to object.
Once the protestee has read the protest, ask if protestee wishes to accept 50% under SI 21.3.
Investigate, and determine validity.
Determining Validity
All protests are accepted. It’s the responsibility of the jury to determine if a protest is valid.
The hearing continues if the protest is determined to be valid.
If not, hearing is closed
If the protest is brought by the Protest Committee under 60.4 (injury or damage), then PC
investigates the damage.
If not valid, or if damage is not “serious”, then hearing is ended.
Taking Evidence from the Protestor
Protestor goes first.
Limit testimony to facts only.
Use models sequentially—place them one after another in relation to the other boats at the same
moment in time.
If possible, have both parties set up their own sequential diagrams on separate areas.
Protestee may ask questions of the protestor, but they must be questions of fact only.
Jury may ask questions
Use this for Clarification only. It’s easy for the jury to bias testimony early. It’s better to let both
parties tell their stories, and then ask for clarifications later.
Taking Evidence from the Protestee
Protestee then explains diagram.
Facts only, no opinions.
Protestor then asks questions of fact.
Jury can ask for clarifications.
Jury should be listening at this point.
Make notes of points of agreement and disagreement.
Note speeds, elapsed times, distances.
How to Deal with Acrimony (Hopefully you won’t)
Require parties to stick to the facts.
Ask them to “Address the court.” (They don’t speak to each other)
Eye contact and speech is directed toward the chair.
No one speaks unless directed to, or asked by the Judge or Jury members.
Jury is formal and respectful.
Witnesses
Each party may call witnesses, within reason.
Crew generally add little new evidence.
RC or even PC may be witnesses.
Each give testimony, and are then questioned by each party, then jury (if necessary).
Only one witness in jury room at a time.
Jury’s Questions
Usually reserved for last.
Clarify any disputed facts.
Inquire as to perception.
“How did you see the other boat?” (…meaning, were you looking under the boom, ahead of the
forestay, etc.? This kind of question really helps establish relative positions at any moment in
time.
Do not lead. Stick strictly to fact finding.
Summary Statements by the Parties
At the conclusion of testimony, invite parties to summarize their cases.
Opinions are allowed at this point.
They may cite rules and recommend what action the jury should take.
Listen for consistency
Stories often change after witness testimony.
Find Facts
Write down all relevant facts.
Resolve disputed facts in favor of the most logical and likely sequence of events.
Recall the parties for clarification, if necessary-don’t guess.
Endorse one diagram, or draw your own.
After you find the facts, apply the Rules
Apply the rules to the facts found.
This process is separate from the finding of fact.
Make sure the rules match the facts. (Don't alter your facts to fit a rule you may think likely)
Appendices (when in force) take precedence.
If considering redress, make sure you have all necessary evidence.
Apply the appropriate penalty, exoneration, or other action.
Using the Appeals and Cases
Appeals and cases are not rules.
They are interpretations of situations where rules apply or not.
Informing the Parties
Read the facts found.
Note that there were honest differences of perception and opinion.
The facts are what you believed to have happened after listening to all the testimony.
Read the rules that apply to the facts.
Read the decision, the reason for the decision, and penalties. (Rule 65.1)
The reason is based on the rule, so don’t argue the facts. What you found as the facts of the
case was the most logical explanation from the two very different testimonies given.
After the Hearing
Post the decision on the protest log or otherwise on the Bulletin Board.
Notify the scorer.
If requested, make copies available to the parties.
File the protest form with your regatta records.
Reopening a Hearing (Rule 66)
The Protest Committee may reopen a hearing:
If it decides it has made a significant error.
If significant new evidence becomes available within a reasonable time.
If ordered to by the Appeals Committee.
If requested by a party to the protest
(Within 24 hours). |