Friday, September 28, 2007

An apology would be better, Hamish





It was tempting to headline this column, "Hamish Ross, shut up." But that would be intemperate; that would not do. It would be tempting to say, "At least, we're glad he works for Alinghi." But that would be partisan, and while we are partisan, it really shouldn't show. And he is a sailor and a lover of classic boats, who has done much to preserve the heritage of New Zealand's vintage vessels, so we honor him for that initiative and its legacy.

But Hamish Ross's (NZL) recent attempt to justify, mitigate, withdraw-but-not-withdraw, modify, defend, parse, explain, dissemble, camouflage, reorder, disorder and redact his remarks about the validity of the Royal New Zealand Yacht Squadron (RNZYS) as an America's Cup challenger, at various points in its America's Cup history, is absurd in the extreme.

While his critique of the status of RNZYS as an incorporated entity was issued in his role as General Counsel of Alinghi, his response (by invitation or not), widely circulated in the media and online, it should be noted, was published by him personally.

He affirms that RNZYS received a Royal Warrant from the British Monarch and a warrant from the British Admiralty in 1902 granting members the right to wear the Blue Ensign, which according to key provisions in the Deed of Gift qualifies them as a legitimate Club.

Think of this as an orange.

Then, he says, the incorporation of RNZYS, by virtually any measure of the term 'incorporation', was invalid.

Perhaps, perhaps not. But think of that as an apple.

He overlooks the fact that all the Deed of Gift requires is that you be a succulent, juicy fruit of their determining, an apple or an orange, and as an orange, RNZYS qualifies.

You can forget the apple.

Hamish Ross knows this absolutely. Which is what makes his juvenile missive self-serving and tedious, also in the extreme.

What we need to hear from Hamish Ross are words of character.

"I made an unfair assertion in my original comment," he should say. "The Royal New Zealand Yacht Squadron is a perfectly legitimate and authentic Club under the Deed of Gift. Everyone knows that. I was wrong in my assertion. However, I felt the facts were fungible, in my opinion, and I was happy to explore them in service to my employer who looks to me for loopholes and the legal and public relations advantages that these confer. Neverthless, I am forced to admit my poor judgment, and I offer my complete and unreserved apology to the Royal New Zealand Yacht Squadron, its officers and members, and its associates throughout the world. As an Alinghi team member, I look forward to sailing against their nominated New Zealand team in America's Cup 33. In the meantime, I shall continue to respect and wear the Squadron Ensign, a right granted to me as a member in good standing of RNZYS, by virtue of the authority granted them by the British Admiralty in 1902, subsequently affirmed by Royal Licence of H.M. Queen Elizabeth II. This is an honor that I personally value, and of which I am inestimably proud."

If Hamish Ross felt otherwise about the Royal New Zealand Yacht Squadron, perhaps he should resign his Warrant (No.31) for his vessel (Little Jim) to wear the Squadron Ensign.

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