In a surprisingly brisk judgment from the bench, Justice Shirley W. Kornreich of the New York State Supreme Court in Albany, New York, today eliminated Ras Al Khaimah as the location for America’s Cup 33, ruling in favor of Golden Gate Yacht Club (GGYC), the America’s Cup challenger, over Société Nautique de Genève (SNG), the defender.
Leaving the door wide open for Valencia as the venue for AC33 – and for an SNG appeal – the Judge then waded into deep water on other matters, including rules, changing rules, and who changes them; length-on-the-waterline measurements, not including the rudder, except on toy boats, which don’t count; and ballast, movable ballast, and other weighty issues.
Justice Kornreich, apparently, will soon rule on the remaining items.
According to courtroom observers from the AC Anarchy division of the website Sailing Anarchy, which provided members with gavel-to-gavel coverage online, the eminent David Boies of Boies, Schiller & Flexner of New York, acting for GGYC, was as out of his depth as the good Justice herself on boats, racing and rules
– neither of them helped by the ultimately defeated Barry R. Ostrager of Simpson Thacher & Bartlett, head of litigation at that firm and a known dissembler, acting for SNG.
GGYC awaits the Justice’s ruling on other matters, but pockets a considerable victory.
SNG, their legal team, and sailing team Alinghi, represented in the courtroom by Skipper Brad Butterworth (NZL), must feel like stunned mullets.
Shown respect by Justice Kornreich for their perspective on security matters, but only briefly, officials from Ras Al Khaimah are now left with a half-completed facility in the desert which, if ultimately completed, will enhance their resort but will not host an international sailing event.
At least, not any time soon.
Given the definitive outcome, curious observers could be forgiven for wondering why on earth SNG and Alinghi felt that Ras Al Khaimah was the perfect location for AC33 in the first place; how they possibly could have expected GGYC to support this bizarre decision; or how their understanding of the plain language of the venerable Deed of Gift could be so badly informed.
The image we have in our mind is of a wild and reckless 17-year-old on a Hobie Cat, tearing along on a scorching breeze, on a direct line for the marina and the vessels moored there, with absolutely no idea how to turn, slow, stop, or avoid the imminent catastrophe.
He looks a lot like Ernesto Bertarelli (SUI).
2 comments:
It's indicative of the attitude of a rich man, who grew up rich and privileged and with little humility or real regard for others, to think that he can continue to bend the rules of the Americas Cup. He's not doing himself or SNG any favors in this whole endeavor. While LE is not everyone's cup of tea, I have to say, he's funding what no other team could afford to do - standing up to Ernesto in court - the Swiss effing brat!
Only a fool or an arrogant fool with bad or weak advisers would think they could continue to get away with this BS. Wake up Ernesto!
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