Situation
A protest between two boats alleging a breach of rule
10 is correctly submitted. The protesting boat also submits a request for redress against the race committee alleging that the race was not fair.
The protest committee hears the request for redress first and decides to abandon the race.
The protestor asks the protest committee for permission to withdraw her protest, noting that it is irrelevant since the race has been abandoned. The protest committee allows the protest to be withdrawn.
The decision to abandon the race is subsequently appealed.
The appeals committee finds that the protest committee erred both procedurally and in its findings and reinstates the race.
Question 1
May the protestor now seek to have the original protest heard?
Answer 1
No. The withdrawal of the protest, as requested by the competitor before it was heard, removed the possibility of the protest being heard. See rule
63.1. When there is a right of appeal, a protesting boat must recognize the possibility of a protest committee’s decision to abandon being appealed.
Question 2
If Yes, What procedure should be used to facilitate such a request?
Answer 2
Not applicable.
Question 3
Would it be any different if the protest committee had reopened the redress hearing and decided it had made a mistake and reinstated the race itself?
Answer 3
No – see Answer 1. The protestor should have taken account of this possibility as well before deciding to ask to withdraw the protest.