San Diego Club vows not to forfeit America’s Cup

Press, 28 November 1987, Page 1

San Diego Club vows not to forfeit America’s Cup

By

TOM BRIDGMAN,

of NZPA

Washington

The San Diego Yacht Club has vowed not to forfeit the America’s Cup, but to fight it out on the water.

However, just when, where and how that will take place is still up in the air because the club has yet to announce a definitive response to the challenge of the New Zealand banker, Michael Fay, declared valid by the New York State Supreme Court on Thursday.

“We are not going to forfeit the Cup,” said the San Diego Yacht ciub’s commodore, Fred Frye, yesterday. “Neither are we going to lose it in court. It is going to be decided on the water.”

In her decision on Thursday, on the eve of the American Thanksgiving holiday, Judge

Carmen Beauchamp Ciparick, in declaring Mr Fay’s challenge valid, said the San Diego Club “may either accept the challenge, forfeit the Cup, or negotiate agreeable terms with the challenger.” The San Diego Club will announce at a press conference at its headquarters on Wednesday what action it will take in response to the court decision — whether it will appeal to a higher court or accept the challenge and try. and negotiate terms. Mr Fay said in New Zealand that the length of boat (90ft) was not open to debate and neither was the location (San Diego). As for timing, he wants the Cup to be raced in August next year, before the Seoul Olympics begin in September.

“I’m sure that discussions with Mr Fay. might be part of our agenda,” said Mr Frye

from San Diego. “But I’m not sure Mr Fay wants them. He appears to want to settle it on the water.”

Ih the decision, Judge Ciparick said that under the 100-year-old deed of gift governing the race, “the challenger may determine the dimensions of the boat, within a limited size range as well as the time of the race, subject to the minimum ten month notice period.

“The defender sets the venue and the courses for the race, subject to a mutual consent provision.” Before Wednesday’s press conference the San Diego Club will have consultations about an appeal on the decision backing New Zealand with the New York State AttorneyGeneral, Robert Abrams. “We have to speak to the Attorney-General about an appeal,” said Mr Frye.

The state Attorney-General was declared a “necessary party” to the court case by Judge Ciparick. The AttorneyGeneral is a party because the deed of gift is a trust document and the state’s senior legal officer can act as a representative of the beneficiaries of charitable trusts. Alan Bond will ask the San Diego Yacht Club to postpone its defence of the America’s Cup until early in 1989 to enable his and other syndicates to join the New Zealanders in the new super-maxi challenge. Mr Bond will build a Ben Lexcen-designed 140 ft-long super-maxi in 1988 but it will not be completed before October.

Mr Bond said in Perth yesterday that he would ask the San Diego Club to delay the defence of the Cup

Further report, page 10