America’s Cup: Expletives Trigger Complaint to Arbitration Panel
by Richard Gladwell/Sail-World NZ 15 Oct 06:45 PDT
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An unidentified party has filed a complaint with the America’s Cup Arbitration Panel regarding an interaction between INEOS Britannia skipper Ben Ainslie and a New Zealand television analyst.
The case, listed on the regatta’s online Notice Board, remains anonymous, stating no details about the complainant. David Tillett, Chairman of the Arbitration Panel, informed Sail-World that neither team in the America’s Cup Regattas is involved, and it is suspected the complainant is not connected to the event.
Following a brief live interview after Sunday’s America’s Cup race, Ainslie reacted to remarks that seemed to suggest that communications from the British Challenger indicated the crew doubted their AC75’s speed compared to Team New Zealand’s Defender.
“Do you still believe you’re as competitive in terms of performance when I get that impression from your boat?”
After being defeated in three consecutive races of the America’s Cup Match, Ainslie was clearly processing the outcome of that race, and he reacted negatively to the sharp comment.
He countered with, “maybe that’s the Kiwi commentator in you,” and the interview concluded shortly after.
As he exited the helmsman’s cockpit, the British sailor, knighted in 2012 after securing his fourth Olympic Gold medal, was overheard muttering “F*****g W****r,” a remark caught by a still-active microphone that aired during the event’s host broadcast.
While the incident sparked significant discussion in both mainstream and sailing media, it was thought to have subsided naturally.
Nonetheless, an anonymous party formally complained to the America’s Cup Regatta Arbitration Panel regarding this under Rule 69 Misconduct of the Racing Rules of Sailing – America’s Cup edition.
Complaints under Rule 69 are taken very seriously, as they carry substantial consequences.
This rule defines misconduct as:
actions violating good manners or sportsmanship, or unethical behavior; or
behavior that may have harmed or jeopardized the sport’s reputation.
In considering the matter, the three-person Arbitration Panel—comprising highly skilled judges experienced in Olympic and America’s Cup events—also reviewed a comment containing an expletive made by New Zealand skipper Peter Burling, which was similarly captured by a live onboard microphone and included in the broadcast.
The panel decided not to progress the case through the following stages outlined by World Sailing, the sport’s governing body.
“The Arbitration Panel concludes that neither Ben nor Peter engaged in misconduct according to Racing Rules AC Rule 69. The broadcast did not cause widespread offense nor bring the sport into disrepute. Therefore, the panel has resolved that the matter will not be referred to an Event Disciplinary Investigating Officer in accordance with World Sailing Disciplinary Code 35.4.3.”
The complete Case and Decision can be accessed by clicking here.