THE PRESS THURSDAY, SEPTEMBER 15, 1988. ‘For friendly competition’

Press, 15 September 1988, Page 14

THE PRESS THURSDAY, SEPTEMBER 15, 1988. ‘For friendly competition’

No-one could claim that fairness or sportsmanship have been the hallmarks of America’s Cup competition over the last 135 years. In time, the sourness and pettiness of last week’s bizarre mismatch between the New Zealand big boat and Sail America Foundation’s catamaran will seem little different from many of the rancorous clashes of the past. Such is the history of rivalry for a rather ugly, bottomless Victorian ewer,which, according to the 1887 Deed of Gift, is intended “for friendly competition.” The meaning of this phrase, like most of the Deed of Gift, clearly is open to interpretation. The unseemly turmoil of litigation that has marked the twenty-seventh defence of the Cup has not ended with the effortless victories of Stars and Stripes over New Zealand. The head of the New Zealand challenge, Mr Michael Fay, is determined to have the New York Supreme Court rule on whether his challenge was fairly met. All those clubs now lining up to challenge the San Diego Yacht Club might be irritated with Mr Fay’s persistence; he himself might prefer — in private, of course — to let the matter rest and save the expense; but in the long run a precise legal definition of just what the deed does allow and what it does not may serve the best interests of all future challengers and defenders.

In spite of the worst and best efforts of the assorted millionaires and egotists that the America’s Cup has attracted, the event has established itself . in the public mind as sailing’s, premier contest.' It now risks becoming a sad joke, no matter whether Mr Fayp’wins”; his Cup in the courtroom or the court decides that battleship-versus low-flying aircraft is a fair match. Either way, the standing of the;. Cup will be lessened. Intemperate outbursts' such as that by the skipper ‘Of’the - defending 1 yacht, Mr Dennis Conner, at the. final press conference of this,;: year’s : challenge, do not help theimage, but the competition’s survival , depends on keen contenders. The

real threat to the Cup is that contenders will not bother with an event in which the rules are uncertain, or plainly unfair, or subject entirely to unappealable whim. It is surely time for yachtsmen, if they care, to take control of the Cup back from the lawyers and commercial interests. It was the indecision of the San Diego Yacht Club, which to all intents and purposes appears to have lost control of the Cup to the commercial syndicate, the Sail America Foundation, that was the basic cause of the present pother. The club could have followed convention and announced, at the time it became the official challenger in Fremantle almost two years ago, when and where it intended to hold its defence, and the conditions under which challenges would be accepted. Had it done so, Mr Fay never could have mounted his inglorious campaign. Because the club and its confederates, the Sail America Foundation and the Stars and Stripes Syndicate, vacillated for so long over time and venue, seeking to milk maximum financial return from the defence, Mr Fay had the chance to exploit a loophole in an archaic deed. In turn, the defenders might have exploited a loophole of their own and hoisted Mr Fay with his own petard. The court failed to resolve this issue before racing began; it will be asked to do so now.

As much as the wrangles in court and the verbal brawling in the media have brought the competition and both challenger and defender into disrepute, Mr Fay’s San Diego adventure has brought also a burst of fresh thinking to the Cup and highlighted some exciting developments in yachting. Radical wing masts and aircraft-carrier decks aside, future competition for the Cup seems certain to move away from the graceful though ponderous 12-metres. It would be no bad thing if, somewhere along the way in redefining the rules for the maritime joust that is America’s: Cup match-racing, a bit more emphasis was laid on the “friendly” in “friendly competition.”