International One Design 15 and International One Design 1 were involved in an incident at a mark. IOD 15 protested, and IOD 1 was disqualified by the protest committee after a hearing. The hearing was held in a room approximately 20 feet by 20 feet, in which the witnesses were present throughout the hearing. The protest committee stated in its conclusions that, because of the size of the room and the noise level, it was unlikely that any of the witnesses could have heard any portion of the hearing except while giving their own testimony.

IOD 1 appealed on several procedural grounds, including the claim that during the hearing at least one witness for IOD 15 was allowed to remain in the room where the hearing was held other than while giving testimony.

The room in which the protest hearing was held was small enough that witnesses could have observed the positioning of model boats and overheard portions of the hearing other than while giving their own testimony. Therefore, witnesses were not “excluded except when giving evidence,” as required by rule 63.4(e). Because of this error, which was not correctable, the hearing was invalid.

IOD 1’s appeal is upheld. The decision of the protest committee is reversed, and IOD 1 is reinstated in her finishing place.

November 1992