« Bernard Stamm disqualified (DSQ) from Vendee Globe | トップページ | The DECISION of the jury to disqualify the Swiss skipper in Vendee Globe »

2013年1月 8日 (火)

REOPENING of the case "Stamm DSQ'd" in Vendee Globe

Www_vendeeglobe_org_fr_20130108REOPENING of the case "Stamm DSQ'd"

単独世界一周レース
Vendee Globeにおいて、スイスのスキッパーBernard Stamm(艇名:Cheminees Poujoulat)がロシアの科学調査船に接舷し繋留をしたことに因り、レース公示(Notice of Race)に規定された「外部からの援助の禁止」違反を問われ失格(Disqualified:DSQ)の判決を受けたのは既報のとおりである。

取り急ぎ第一報として話題の多い『一般誌・セーリング関係誌』に掲載された記事を紹介した。
今回は第二報として、公式ウエブサイト" http://www.vendeeglobe.org/fr/ "に掲載されている主催団体の対応、参加艇からの投稿等関係者を巡る専門的なNewsを抜粋してみたい。

繰り返しとなるが、現時点までの流れを時系列でみると、次のとおりである。
1.*発電機トラブル発生 Dec 23, 2012, 04:00
2.**ロシア船と遭遇 Dec 23, 2012, 20:00
3.レース委員会から抗議 Dec 24, 2012, 15:07
4.インターナショナル・ジュリーによる判決 Jan 1, 2013, 18:00
5.各レース艇からのBernardへの慰め・激励メイル Jan 1~今も続く
6.各レース艇からのインターナショナル・ジュリーに対する抗議(誹謗も含め)
7.レースファンからのBernardへの激励およびインターナショナル・ジュリーに対する抗議
8.FFViole(フランスセーリング連盟)会長からのメッセージ Jan 4, 2013, 17:56
9.参加艇(ほぼ全艇)のスキッパーから再審要求書の提出 Jan 4, 2013, 18:00
10.大半の参加艇から提出された再開要望書に対し大会会長(SAEM Vendee)からの回答 Jan 5, 2013, 12:06
11.ジュリーが再審要求を受領 Jan 5, 2013, 20:27 ・・・・・・・・・・

なお彼自身の個人ウエブサイト< www.poujoulat.bernard-stamm.com/fr >
の最新記事には下記の投稿がある。

"Reopening the record for Stamm"
 05.01.2013, 20:34

The jury has decided to reopen the investigation of Case No. 4 under the rule of sailing race 66 which provides that the Board may reopen a hearing when it decides when a new significant fact becomes available.
reopening does not that the decision is changed, it is an extension of the instruction.This information was transmitted to the boat in the evening. More tomorrow.
ジュリーは、もし新しい重要な新しい証言が得られたと決定した場合は再審問ができるというレース規則66(Reopening a Hearing)に基づいて、ケース番号4の調査を再開すると決定した。
再審問は判決を変えるものではなく、(最終の)指示の延期である。この情報は今日夕刻艇に送られてきた。続きは明日に。


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Jan_02_0838am_bermardPoujoulat chimneys disqualified
 <editor>  ジュリーの判決を公表

Wednesday, January 2, 2013, 08:38 AM

The independent international jury of the race, the race committee and the Vendée Globe organizers took the decision to disqualify Bernard Stamm for breach of Article 3.2 of the Notice of Race. Following the judgment of the skipper, December 23, south of Enderby Island (Auckland Islands) to repair its hydrogenerators, the race committee had claimed against Cheminées Poujoulat for receiving assistance.

 
Bernard Stamm has a period of 24 hours (at the latest Thursday morning) after receipt of the decision to ask the same jury to reopen the investigation in accordance with Rule 66 of course stating the reasons. Without application to reopen at the end of this period, the decision will be considered final. The race committee has the same right.
 
Other competitors in the race also have this right, but within 6 hours from the receipt of the decision to seek redress if they feel aggrieved by the decision of the jury.
 
Here in detail the claim against the race committee Cheminées Poujoulat , the procedure, the facts, the conclusion and the jury's decision.

Claim against the Race Committee Cheminées Poujoulat

The decision of the jury to disqualify the Swiss skipper 
Procedure (手続き)
The December 24, 2012 at 12:13, the race jury to send the report of an incident involving Cheminées Poujoulat in Auckland Islands.

24 12 to 15:07, the Race Committee sent the jury and the race intent to claim against Cheminées Poujoulat for an alleged breach of the Notice of Race 3.2.

24 12 to 3:53 p.m., the race director informed Cheminées Poujoulat intent to claim the Race Committee.

26 12 to 12:57, the jury asked Bernard Stamm to provide its comments on the complaint by inserting the report of the race on which the claim is based.

26 12 to 21:37, the Race Committee sent the full claim to the jury.

27 12 to 7:31, transfers to the jury Cheminées Poujoulat claim complete the Race Committee.

28 12 to 10:50, Regis Rassouli, team Cheminées Poujoulat, sends information to the jury saying that Bernard Stamm has taken the race and send his report about the incident as soon as possible.

29 12 to 10:40 Bernard Stamm sends its report to the jury.

Findings (認定した事実)
22 12 Bernard Stamm decided to divert to Auckland Islands to repair his hydrogenerators.

To 23 12 to 04:00, Bernard Stamm sailing under its own power in the vicinity of Sandy Bay, preparing to wet.

At 4:53, Bernard Stamm is anchored in the bay after unsealed motor and heavy wetting.

At 20:00, Bernard Stamm noted the presence of a ship Russian scientist Professor Khoromov wet near his position.

 Then, in the half-hour, Bernard Stamm notices that his boat is drifting.
 Seeing that his boat drifting research vessel, Bernard Stamm calls by VHF. During the conversation with the crew, the latter asked him to moor his boat to the ship. Considering the urgency of the situation, Bernard Stamm decides to serve as an anchor of the ship and the crew informed of the decision by VHF.
 Then Bernard Stamm prepares to restart the boat, sails prepares and delivers all its aircraft en route.
 Coming out in the cockpit, Bernard Stamm sees a person boarded it and began to ascend the anchor.
 Bernard Stamm starts the engine and put the autopilot, then goes back to the bow anchor.
 Bernard Stamm decided not to ask the person to leave the board "Q hen I saw on board, I did not find any justified argument that the fact of the return of the board.'
 Bernard Stamm returns to the engine controls and helm and the person throws the rode the bow of the boat to moor Russian.
 Immediately after the person leaves Cheminées Poujoulat and down on his peumatique.
 When the boat was moored properly behind Professor Khoromov , Bernard Stamm say hello to two people in the air, and they offer him their assistance. At this time, Bernard Stamm clearly explains the situation, it is racing, he is not entitled to anything as assistance.
 Bernard Stamm believes that this was a case of force majeure for which he had to act so as to put the boat safe and not create problem in ship anchored nearby.

Conclusion (結論と適用規則) 
 Moor on another boat is an offense in the first sentence of the Notice of Race 3.2.
 By not asking the person on the boat to leave the board when he discovered Bernard Stamm has violated the second sentence of the Notice of Race 3.2.
 The docking Cheminées Poujoulat to Professor Khoromov was made with the help of the person on board and the crew of Professor Khomorov . This constitutes a violation of the second sentence of the Notice of Race 3.2.
 Although not required, the assistance of the crew received Cheminées Poujoulat to secure the boat to avoid creating problems Professor Khoromov is an offense under the Notice of Race 3.2, and the physical contact with another boat dock, is an offense under the Notice of Race 3.2 and the Principle of the Notice of Race 3.

Decision (判決)
Cheminées Poujoulat is disqualified from the Vendée Globe under the fourth sentence of the Notice of Race 3.2 and the sailing instruction 11.2.

Date January 1st, 2013 at 18:00

The International Jury
Bernard Bonneau (FRA), Ana Sanchez (ESP), Trevor Lewis (GBR), Jack Lloyd (NZL) Georges Priol (FRA)
「jan_02_0838am_http_www.vendeeglobe.org_fr_actualites_article_8627_ch.pdf」をダウンロード

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Jan_02_1307_jean_le_cam_2The support of Jean Bernard <from Jean Le Cam, competitor>  参加艇から
Wednesday, January 2, 2013, 13:07

I'm wound up like a clock on this story. For me, Bernard acted in good sailor, he did everything to save his boat and penalizes! To give you a picture, it is as if a man finds himself at the edge of the cliff, he may fall, he is someone who extends his hand and he should answer him: "Well, no, because that's the rule, then you do not hand me the hand" and he falls off the cliff! It makes me despair. If what happened to Bernard is not a case of force majeure so I do not know what it is. I sent an email to the jury this morning because we can not make decisions like that. should realize that in the future we can no longer provide assistance in cases of immediate danger, fear of being disqualified . Should we let our boats go box?
「jan_02_1307_http_www.vendeeglobe.org le-s 01-05.pdf」をダウンロード「jan_02_1307_http_www.xendeeglobe.org le-s 06-24.pdf」をダウンロード

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Jan_02_pm0243_bernard
Moment of beauty for Bernard Stamm <from Bernard Stamm>  Bernardから
Wednesday, January 2, 2013, 2:43 p.m.

 Hello, A little natural beauty to lighten the mood a little heavy. It is a grain illuminated by the sun of the dawn. The fog eventually dissipate, since I stayed with the New - Zealand.

It feels good.
Bernard
「jan_02_pm0243_http_www.vendeeglobe.org_fr_actualites_breve_8667_inst 01-05.pdf」をダウンロード「jan_02_pm0243_http_www.vendeeglobe.org_fr_actualites_breve_8667_inst 06-11.pdf」をダウンロード
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Jan_02_pm0315_dominique
Message to Dom Bernard   <from Dominique Wavre, competitor> 参加艇から

Wednesday, January 2, 2013, 15:15

 I sent an email to Bernard to express my solidarity and my friendship. It really is a great misfortune that falls on him. Well of course I know Bernard is a good friend and we lived very intense moments together. I do not doubt for a second that acted as a sailor, and did what he needed to do to his boat. I do not want to make another comment, judge or jury controversy. I just want to say that I am Bernard heart goes out to him.「jan_02_pm0315_http_www.vendeeglobe.org_fr_actualites_breve_8671.pdf」をダウンロード

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Jan_02_pm0428_alex_3
The words of Alex Thomson Bernard Stamm   <from Alex Thomson, competitor>  参加艇から
Wednesday, January 2, 2013, 4:28 p.m.

Hello from the Southern Ocean! It was a quick night on board HUGO BOSS is reflected in the miles I earned on the three front. I'm a little slow this morning through a front, but it should be the last before Cape Horn. According to my calculations I should pass Cape Horn Friday, January 4 to 6am GMT. Unfortunately it will be the middle of the night, which could be dangerous because of icebergs alerts. I'm anxious to get out of the South Seas and the Atlantic back as much as it will be a first for me.

I would also say that the disqualification of Bernard is unfortunate. While I understand the reasons taken into account by the jury, I find them very hard given the enormous efforts he has made to repair its hydros and continue the race. More when we remember what happened to him in 2008, when he lost his boat, he seems to have made arrangements for his safety and that of the boat. I'm really sorry for him.
「jan_02_pm0428_http_www.vendeeglobe.org_fr_actualites_breve_8685.pdf」をダウンロード
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Jan_03_0939am_stamm_request_to_re_2Stamm request to reopen his case <editor>  主催本部が再審要求を受領

Thursday, January 3, 2013, 09:39 AM

The jury this morning received the request to reopen the case of Bernard Stamm.「jan_03_0939am_http_www.vendeeglobe.org_fr_actualites_breve_8737_REQUEST TO REOPEN.pdf」をダウンロード

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Jan_03_pm0220_francoisFrançois Bernard will be there to cheer <from François Gabart, competitor>  参加艇から

Thursday, January 3, 2013, 2:20 p.m.

 Reached by phone at log 13h TF1, François Gabart sent a message of support for Bernard Stamm:

"I fully support Bernard, it is difficult for him. Whatever the jury I think he will do everything to get to the Sables d'Olonne to up the channel I am sure many people will be there to greet him. I hope I will be back because he can count on me to be there when he arrived.'
「jan_03_pm0220_http_www.vendeeglobe.org_fr_actualites_breve_8779_fran.pdf」をダウンロード
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Jan_03_pm0311_jesus_2Bubi supports Bernard Stamm <from Javier Sansó, competitor>  参加艇から

Thursday, January 3, 2013, 3:11 p.m.

It does not seem normal to me after what happened to Bernard he is now disqualified. If every skipper should vote and say what he thinks: my vote would continue in that race.

It seems to me that insurance companies should get involved in cases like this. Rules can not put more at risk than our physical material which we are responsible.

I'm sure the insurance companies will not really agree with decisions that involve taking risks by following a rule on competition so extreme.

Bernard is an experienced sailor, and no doubt he did what we all would have done to save the ship. And now, from offices in Paris, they tell him that he is disqualified, it does not seem normal. That sounds totally unfair.

Below is the message to Bernard
"Hola Bernard, I just received an email telling me that you were disqualified from the Vendée Globe. I'm really sorry to hear that after the race fabulous that you were doing. I read the statements and I would have done the same thing as you attempt to save my boat. You must be very disappointed and I do not agree with the committee because in extreme situations, we must be able to to get help. Insurance companies may feel happy that you ais been helped. You made the right choice. Good luck and see you soon! Bubi"
「jan_03_pm0311_http_www.vendeeglobe.org_fr_actualites_breve_8775_bubi 01-05.pdf」をダウンロード「jan_03_pm0311_http_www.vendeeglobe.org_fr_actualites_breve_8775_bubi 06-17.pdf」をダウンロード
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Jan_04_0506am_jury_update_2Bernard Bonneau an update on the case Stamm <editor>  ジュリーから再審受付日延長の通告

Friday, January 4, 2013, 5:06 p.m.

48 hours after the claim of Bernard Stamm following the decision of the jury to disqualify the Swiss skipper (*1) Bernard Bonneau, president of the jury, gives us the latest items in this folder.

Bernard Bonneau live during the Friday, January 4, 2013: "We received yesterday morning before his request to reopen the claim that we have found two days before. Bernard Stamm wants to assert his claim for compensation in a written testimony of the ship's captain that Russia has not yet received. The jury wishes before deciding possess all the elements including the testimony, or at least have the content. It will be a bit complicated to have shot today, we'll wait a little bit. '

"Obviously, we will not wait for years, but it extends a little time. I committed myself - too quickly – over 24 hours to make a decision but since Bernard wishes to make this testimony, we respect his desire and we wait. I doubt we can make a decision in the day as the time to get the document and then contact all my colleagues who are everywhere in Europe, it is difficult. The decision should not be made today.'
「jan_04_0506am_http_www.vendeeglobe.org_fr_actualites_article_8885 Jury update.pdf」をダウンロード

(*1) see “Poujoulat Chimneys Disqualified, Wednesday, January 2, 2013, 08:38 AM”
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Jan_04_1538pm_thanksStamm's thanks <from Bernard Stamm>  Bernardから
Friday, January 4, 2013, 15:58

The hours I currently live are particularly difficult, but I wanted to tell you how much your posts touch me. From the ground, they come to me and go straight to my heart. Receive any support from the racing world at large is now very precious to me.

To all of you still competing private sea or too early for this magnificent race what the Vendée Globe, I mean my great pride to be part of your fleet. To those who have asked for my reinstatement to the organizers, thank you once again to provide proof that solidarity and sportsmanship between all of us. I also want to acknowledge the role of the IMOCA and especially that of its chairman Luc Talbourdet. Our class is beautiful and you give him the right path.

I do not know what the answer will be given to my request for reopening, but whatever it is, I will continue to fight with all my strength to those values that are mine. I wish you all to continue the good fight that we deliver from the start in Les Sables d'Olonne. The Vendée Globe is part of my life for nearly 15 years. Never before have I had the privilege to finish. It may be not this time, but I will do everything to bring my boat to port, but proud to be touched went after my adventure. Nobody will remove it.

Good luck to all and thank you again!
Bernard
「jan_04_1538pm_http_www.vendeeglobe.org_fr_actualites_article_8869 THANKS.pdf」をダウンロード

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Jan_04_1756pm_bernardstamm
Press Champion JP,
Chairman of the FFV
<from President FFVoile>  FFVoile(フランスセーリング連盟会長からのメッセージ

Friday, January 4, 2013, 17:56

The Vendée Globe is an extraordinary event that combines two features: an exceptional human adventure and competition at the highest level, with great skippers and sailors adventure.

 
If so many spectators watch with interest this event is of course the adventure that live skippers, but especially for the exciting race which is known to be the longest and most demanding of all races sailing.
Or a big competition does not without rules, necessarily strict, no sport has major competitions without strict rules.
Jan_04_1756pm_ffvoile_3
The Vendée Globe is built around a concept simple and brilliant: round the world solo, nonstop and unassisted.
This concept is transcribed in the rules, through the Notice of Race.
These rules are simple, strict, and they are the beauty of the race, giving it an exceptional and unique, allowing sailors to express their courage and talent.
Rules are applied by arbitrators, by definition independent, whose role is to enforce those rules, of course without rewriting in the circumstances, but they are.
Competitors have accepted a commitment and know that they apply to themselves and others.
They are entitled to expect, and all those who admire the test, they are implemented.
As for the penalty, whatever it is, it does nothing to taint (when there was no cheating) the value of the one who receives.

Jean-Pierre CHAMPION

President FFVoile
「jan_04_1756pm_http_www.vendeeglobe.org_fr_actualites_article_8895 FFvoile.pdf」をダウンロード

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Jan_05_1206pm_presidentBruno Retailleau: "Dear friends skippers ... ' <from Bruno Retailleau, President of the SAEM Vendée>  大半の参加艇から提出された再審問要望書に対しSAEM Vendée会長からの回答
Saturday, January 5, 2013, 12:06

Dear friends skippers,

You kindly send me a mail regarding the claim raised by the Race Committee boat against the Cheminées Poujoulat, by which you want the international jury rectify its decision to disqualify Bernard Stamm.
Nobody is better placed to know the dual nature of the Vendée Globe since its inception, both exceptional human adventure sports at the same time qu'épreuve incomparable. As such, I have to watch in my duties as President of the organization to respect the independence of the international arbitration represented by the jury. I also refrained voluntarily comment on his decision.

Jan_05_http__www_imoca_org_fr_new_2The jury is sovereign and independent. Appointed by the French Sailing Federation, the jury is one of the three cornerstones of the race, the Race Committee and the Measurement Committee. Impartiality is the best guarantee of sporting fairness between each competitor.

However, I imagine the disarray of Bernard, whose good faith is absolutely not questioned. He has since seized the opportunity that gives Regulation to request a re-examination of the facts. I hope with all my heart that the elements that produce bring new light to the referees of the race.

Feelings of affection and solidarity that occur in the world today and marine enthusiasts from the Vendée Globe is up to the challenges it faces and the courage he showed, believe me, I am the first affected.

Waiting to see you all in the Vendée, I wish you good luck for the new year.

Bruno Retailleau
President of the SAEM Vendée

>>> Read the letter sent to the skippers Retailleau Bruno Bernard Bonneau and Christophe Gaumont   大半の参加艇から提出された再審問要望書(右図)

(*2) see: 「jan_05_http_www.imoca.org_fr_news_346-les-skippers-du-vendee-.pdf」をダウンロード

「jan_05_1206pm_http_www.vendeeglobe.org_fr_actualites_article_8975_PRESIDENT.pdf」をダウンロード

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Jan_05_pm0827_reopen_3Reopening of the case "Stamm" <editor>  ジュリーが再審要求を受領
Saturday, January 5, 2013, 8:27 p.m.

Bernard Bonneau, President of the International Jury has provided the following information:
   
   
"After receiving the written testimony of Professor Marine Khoromov, the jury decided to reopen the investigation of Case No. 4 under the rule of sailing race 66 which provides that the Board may reopen a hearing when it decides he has made a significant error or when a new significant fact becomes available. jury do not think err, but considers that this evidence can be a significant new fact"
Marine Khoromov(ロシア科学船)からの書面による証言を受領後、ジュリーはケース番号4の調査をセーリング規則66に基づいて再開すると決定した、この規則はジュリーが自ら明らかな誤りを犯したか、または重要な新しい事実が得られた場合、ジュリーが審問を再開することができると規定しているからである。ジュリーは、誤りを犯したとは考えていないが、この証言が重要な新しい事実となるかどうかを検討する。
「jan_05_pm0827_http_www.vendeeglobe.org_fr_actualites_article_9033_REOPENING of the case.pdf」をダウンロード

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