Attorney-General’s role attacked

Press, 23 September 1987, Page 80

Attorney-General’s role attacked

PA Washington The New York State Attorney-General has been attacked for playing a "highly improper role” in the court action over the America’s Cup.

The accusation is contained in new papers filed with the New York State Supreme Court to support the Auckland merchant banker, Michael Fay’s bid to force the San Diego Yacht Club to contest the Cup next year and not in 1991.

The Supreme Court held a hearing on the issue on September 9 but the day before the New York State Attorney-Gen-eral Robert Abrams , had. announced at a press' coh-" ference that he was entering the fray and would side with San Diego in opposition to the New Zealand challenge. ? He was brought into the dispute at the urging of the New York Mayor, Ed

Koch, who in turn had been called on for support by the San Diego Mayor, Maureen O’Connor. The New Zealand challengers describe the press conference as “politically motivated" and a “not so subtle attempt to influence the court” before the hearing.

Last Friday was the final day for written submissions on the America’s Cup court challenge and Justice Carmen Beauchamp Ciparick is now reviewing the evidence. , When she will give her decision is not known but the court clerk, Tom Garrett, said yesterday that it was normal in New York for a decision to be given in 60 days. However, because Justice Ciparick has said she will expedite the case a decision could come earlier, although he doubted there would be anything for at least two weeks.

The documents filed with the court are designed to bolster the New Zealand case and counter arguments put forward by opponents of the New Zealand challenge, namely the San Diego Yacht Club (S.D.Y.C.), Sail America Foundation (S.A.F.), the commercial organisation , designated by the San Diego Yacht club to run the next cup series, and the AttorneyGeneral. They also further oppose attempts by the San Diego Yacht Club to rewrite the America’s Cup Deed of Gift to give the defending club a greater say in future challenge series. f The New York Yacht Club, which held the America’s Cup for nearly a century, the Royal Burnham Yacht Club, and the Royal New Zealand Yacht Squadron have all advised the courF they opposed such a move.