M3
THE HEARING
M3.1:
Check that the protest or request is valid.
- (a) Are the contents adequate (rule 60.3(a), 61.2(a) or 63.7(b))?
- (b) Was it delivered in time? If not, is there good reason to extend the time limit (rule 60.3(b), 61.2(b) or 63.7(b))?
- (c) When required, was the protestor involved in or a witness to the incident (rule 60.4(a)(2))?
- (d) When necessary, was ‘Protest’ hailed and, if required, a red flag displayed correctly (rule 60.2(a)(1))?
- (e) When the flag or hail was not necessary, was the protestee informed (rule 60.2(b))?
- (f) Decide whether the protest or request for redress is valid (rule 63.4(a)).
- (g) Once the validity of the protest or request has been determined, do not let the subject be introduced again unless truly new evidence is available.
M3.2:
Take the evidence (rule 63.4).
- (a) Ask the parties to tell their stories. Then allow them to question one another. In a redress matter, ask the party to state the request.
- (b) Make sure you know what facts each party is alleging before calling any witnesses. Their stories may be different.
- (c) Allow anyone, including a boat’s crew, to give evidence. It is the party who normally decides which witnesses to call, although the protest committee may also call witnesses (rule 63.4(b)). The question asked by a party ‘Would you like to hear N?’ is best answered by ‘It is your choice.’
- (d) Call each party’s witnesses (and the protest committee’s if any) one by one. Limit parties to questioning the witness(es). (They may wander into general statements.)
- (e) Invite the protestee to question the protestor’s witness first (and vice versa). This prevents the protestor from leading the witness from the beginning.
- (f) Allow members of the protest committee who saw the incident to give evidence (rule 63.4(d)). Members who give evidence may be questioned, should take care to relate all they know about the incident that could affect the decision, and may remain on the protest committee (rule 63.4(e)).
- (g) Try to prevent leading questions, but if that is impossible discount the evidence so obtained.
- (h) The protest committee chair should advise a party or a witness giving hearsay, repetitive or irrelevant evidence that the protest committee must give such evidence appropriate weight, which may be little or no weight at all (rules 63.4(b) and 63.5(a)).
- (i) Ask one member of the committee to note down evidence, particularly times, distances, speeds, etc.
- (j) Invite questions from protest committee members.
- (k) Invite each party, starting with the party that requested the hearing, to make a final statement of her case, particularly on any application or interpretation of the rules.
M3.3:
Find the facts (rule 63.5(a)).
- (a) Write down the facts; resolve doubts one way or the other.
- (b) Call back parties for more questions if necessary.
- (c) When appropriate, draw a diagram of the incident using the facts you have found.
M3.4:
Decide the case (rule 63.5).
- (a) Base the decision on the facts found. (If you cannot, find some more facts.)
- (b) In redress cases, make sure that no further evidence is needed from boats that will be affected by the decision.
M3.5:
Inform the parties (rule 63.6).
- (a) Recall the parties and read them the facts found, conclusions and rules that apply, and the decision. When time presses it is permissible to read the decision and give the details later.
- (b) Give any party a copy of the decision on request. File the protest or request for redress with the committee records.