My understanding - You are not out of luck. NC"s protest was as you say likely thrown out as he did not protest properly in a timely manner (61.1 a). This just prevents NC for being exonerated by the actions/ inactions of Q. NC is still on the hook for fouling you - and unless he did his penalty turns as specified in the Sailing Instructions should be disqualified by the Protest Committee
-- Jonathan Indigo C&C 35III SOUTHPORT CT > On Oct 20, 2014, at 10:36, Charlie Nelson via CnC-List > <cnc-list@cnc-list.com> wrote: > > I hope some of the racers among the list might want to chime in on the > following. > > Before the start this weekend, 2 boats 'barged' down the line, one > immediately to windward and starboard of me (WP) who I protested immediately > after the incident, hailed that I(WP) protested him (NC) and flew the red > flag. He (NC) did not protest the boat to weather of him until all of us were > near the weather mark. Either for that or another technical reason, his (NC) > protest was thrown out (details unknown since the protest was not heard at a > hearing/meeting as yet) but I was informed of it by his email. > > My question for the list is the following: > > AFAIK, I (WP) could not protest any boat except the one nearest to me (NC), > which I did. > > He (NC) protested the boat to his starboard/windward (Q) which he could not > take up because that boat (Q) did not yield his position, as he should have. > Probably would have forced him over the starting line but immaterial AFAIK. > There were no obstructions involved. > > Am I out of luck since his (the middle boat) protest (NC) was thrown out? > > I know from a similar past experience when the middle boat did not protest > the boat to his starboard/windward side before the start, that he (the middle > boat) was exonerated since he was prevented from going up by another boat and > did not bother to protest the boat to windward of him. Thus I was 'hosed' > since he was exonerated and the real culprit (the boat to his > starboard/windward side) got off with no penalty. > > The current situation is identical except the middle boat (NC) did protest > the most windward boat (Q), but his protest was thrown out on a technicality > (likely not timely enough). > > I have an inkling that a BOHICA moment is approaching, as in Bend Over Here > It Comes Again!! > > Charlie Nelson > Water Phantom > C&C 36 XL/kcb > > > > > > > > > > cenel...@aol.com > _______________________________________________ > This List is provided by the C&C Photo Album > > Email address: > CnC-List@cnc-list.com > To change your list preferences, including unsubscribing -- go bottom of page > at: > http://cnc-list.com/mailman/listinfo/cnc-list_cnc-list.com >
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