Friday 3 July 09 - 23:20
 

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AC hots up as court date looms

AC 33: The 33rd running of the America's Cup is beginning to set pulses racing again as the 10 February New York Court of Appeals hearing of Larry Ellison's (sorry, Golden Gate Yacht Club [GGYC]) case against Ernesto Bertarelli (sorry, Société Nautique de Genève [SNG]) draws ever closer, writes Portsmouth Poll.
Bertarelli: will he beat Ellison in court? Does anyone care?
Bertarelli: will he beat Ellison in court? Does anyone care?

This issue is about Bertarelli signing up a Challenger of Record who - according to just about everyone who still has a (probably rapidly waning) interest in the America's Cup from anywhere in the entire world - has no right whatsoever to be involved in the world's most prestigious sailboat racing series.

Bertarelli, however, has ignored Ellison and gone ahead with various meetings of his coterie of some 19 entrants - including the UK's Team Origin - and has managed to get them to agree to try to force Ellison to abandon his court action and (maybe) join them all in following Bertarelli down his road of apparently setting up the America's Cup to his own rules that mean - essentially - he can't lose.

But it seems the cavalry is riding over the hill on time to set Bertarelli back a few steps.

First up was Vincenzo Onorato, head of the Mascalzone Latino team, who accused Bertarelli of trying to force him out of the list of accepted entrants even though his team has sailed in the AC before. Onorato points out other, newer, teams have been accepted instantly without the examination to which he has been subjected.

Then the San Diego Yacht Club and the San Diego Yacht Club Sailing Foundation jointly filed an Amicus-Curiae Brief (friend of the court) to the New York Court of Appeals on December 31, 2008.

Included with the filings is one from legendary 1993 America's Cup winner Bill Koch. According to internet newsletter Sailing Anarchy, together they represent the voices of nearly the entire history of the America's Cup.

SA editor Scott Tempesta points out: 'Koch's no sycophant either – he's earned the respect of the entire AC world with his victory as well as his unwillingness to back down to anyone.'

Tempesta says while these briefs will obviously carry more weight than the European versions that support Alinghi, will these new Amici briefs persuade the Court of Appeals to overturn the prior decision? No one knows the answer to that, but it does help to understand just what these briefs hope to accomplish.

And following Amici Curiae filed by the New York Yacht Club and the San Diego Yacht Club, it is believed that several prominent America's Cup figures are intent on making another submission to the New York Courts.

According to internet newsletter BYM, opinion, in America's Cup circles, is divided about the likely impact of the Amici Curiae filed on both sides. The consensus appears to be that the NYYC Amicus in support of GGYC, coming from the original trustee, will carry considerably more weight than the 10 Amici, from 'would be' AC33 contenders that support SNG.

The value of the SDYC Amicus is considered moot, especially as one of the Appeal Court judges, Justice Carmen Beauchamp Ciparick, is the judge that invalidated the results of the races between Dennis Conner's catamaran, Stars & Stripes, and Michael Fay's monohull, New Zealand, in the 1988 America's Cup.

In her ruling, Ciparick said that the San Diego Yacht Club had 'violated the spirit of the Deed of Gift'.

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Bertarelli: will he beat Ellison in court? Does anyone care?

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