As YACHT online already reported, the safety measures ordered by race director Iain Murray are causing a lot of controversy. In particular, the trim tabs on the rudders of the AC72 cats, which were subsequently authorised contrary to the applicable class rules, are likely to lead to a scandal.
And more than that: if the technical change that would give defending champions Oracle Racing an advantage were to go through, it could decide the final before the first race has even taken place. However, this seems at least questionable, if not impossible.
To understand the scramble that has now ensued, a brief review is necessary. After the fatal training accident involving Artemis Racing at the beginning of May, in which Olympic champion Andrew Simpson was killed, the America's Cup Race Management was under pressure to act. In order to improve the safety of the extremely powerful and difficult-to-control wing catamarans, a commission of experts had proposed 37 measures - including improved equipment for the sailors, additional rescue teams on the course and a reduction in the wind window in which the races are allowed to take place.
Iain Murray had discussed the proposals with the teams and hoped for broad approval. He received this for all measures - except for the subsequent introduction of movable rudder trim tabs. Team New Zealand and training partner Prada, whose boats are equipped with fixed wings at the rudder tip, as stipulated in the class rules for the AC72 from the outset, refused to accept the last-minute change.
Dean Barker: "There is no logical argument"
On the one hand, because they have mastered their boats in this way, and on the other, because they had based the entire design on this. Having to convert now would not only cost time, which is simply not available before the start of the challenger series on 7 July. It would also favour Oracle Racing, who have been racing with movable trim tabs for some time and obviously have less control over their cat without this aid.
And there is something else, argues New Zealand skipper Dean Barker: there is "no logical argument" in favour of the trim tabs improving safety. In 60 days of training without any incidents, his team has proven that rigid hydrofoils on the rudder also enable safe foiling, he writes in his latest blog on the subject.
Barker considers the fact that the new measures now even allow for enlarged trim tabs that protrude sideways over the hulls to be downright counterproductive: "This is incredibly dangerous. If a crew member goes overboard, there is a much greater risk of serious injury due to protruding wings."
Prada skipper Max Sirena criticised in an interview with Sail Racing Magazine "It's the first time in the history of the America's Cup that they (the race committee, ed.) can just change the class rules like that, for no reason. Why didn't they come up with this change when Oracle capsized last October?"
In the meantime, the controversy, which is being conducted in an increasingly acrimonious tone, is reminiscent of the period of unworthy legal disputes that overshadowed the 33rd America's Cup between Alinghi and BMW Oracle and alienated sailing fans all over the world. Or the many other disputes in which the world's oldest sporting trophy is so notoriously rich.
This, the 34th new edition, was supposed to be different. Sportier, more dynamic, more telegenic, bigger. The fact that the already favoured defender could now benefit technically under the aspect of supposed safety precautions would considerably diminish the sporting value of the event. With only three challengers, the Cup is already falling far short of the original expectations. A competitive bias in favour of Oracle would certainly not be a good start, and so close to the celebrations that will take place in San Francisco Bay from 4 July. A kind of prelude in a minor key.
However, it is far from clear whether the rule change will be implemented. Although Iain Murray used a trick to push through the trim tabs against the wishes of Prada and Emirates Team New Zealand, the tide could turn quickly.
Cory E. Friedman: "Murray's position is not valid"
The two teams have lodged a protest. And if Cory Friedman, a US lawyer well versed in Cup matters and legal correspondent for the sailing portal Scuttlebutt Murray has bad cards.
The race organiser refers to passage 16 in the protocol, according to which the competitors "must comply with all applicable laws and regulations". As the US Coast Guard has only authorised races off San Francisco on the condition that all 37 measures of the safety package are implemented, Murray derives an obligation for the teams from this.
But the case is not that simple, argues Cory Friedman. For him, it is clear "that there is no law or regulation that requires a change to the class rule (in relation to the trim tabs, the ed.)". And further: "Murray's position is not valid."
So after the chingderassabumm of the Independence Day kick-off on 4 July, the lawyers will have their say. Once again. The outcome of the protest by Team New Zealand and Prada could be more exciting than the first races, which are due to start on Sunday. This is because two syndicates that know each other will be competing. The two sparring partners who are also now united in battle - against race director Iain Murray. On the water, at least, everything speaks in favour of the Kiwis.
Read the full report on the AC72 cats, their almost unbridled propulsive power and the technology used to tame it in YACHT 15 - on newsstands from Wednesday, 3 July!
Jochen Rieker
Herausgeber YACHT
