Group of former America’s Cup skippers support Fay

Press, 28 December 1989, Page 28

Group of former America’s Cup skippers support Fay

NZPA-Reuter New York A group of skippers who have won the prestigious America’s Cup sailing competition are lending their support to New Zealand in its legal battle against a United States court decision returning the trophy to San Diego, California. In a recent filing made with New York State’s highest court, 12 skippers and yachting clubs are asking the judges to overturn- a lower court ruling that allowed the San Diego Yacht Club to recover the 1988 America’s Cup. , 7 » In their petition, the group-said that if the previous holding is allowed to stand it will “reduce the America’s Cup to a piece of memorabilia and spell an end to a legendary competition that has endured for weU over a century.” Oral arguments before the Court of Appeals in Albany, the New York State capital, are scheduled for February 8 and a decision is expected by the end of March, lawyers said. Among those who have filed a "friend of the court’ brief supporting New Zealand ars Robert Bavier Junior, who was the" skipper of the

Constellation when it won the 1964 America’s Cup, and John Bertrand, the skipper of Australia 2, which won the trophy: in 1983. Others include Briggs Cunningham, the skipper of Columbia when it won the match in 1958, William Ficker, the skipper of Intrepid that won the 1970 America’s Cup, and Frederick Hood, the skipper of Courageous that won the 1974 match. Also named in the brief are Sir James Hardy, one of Australia’s most honoured yachtsmen, the Is: > choda Yacht Club of South Connecticut — one of thife ibldest yacht clubs oix the Atlantic seaboard — and San Francisco’s St Francis Yacht Club, a leader in yacht racing. The legal battle between New Zealand’s Mercury Bay Boating Club and the San Diego Yacht Club began in 1987 when San Diego won the America’s Cup from Australia. Although the next match was scheduled for 1990, New Zealand issued a challenge for a race against San Diego in 1988 in a boat larger than the traditional 12m sloop.

San Diego refused, and New Zealand banker Michael Fay petitioned the New York Supreme Court, the state’s lowest trial court, to force the California club to compete. J-

The New York court oversees the Deed of Gift that established the competition as a charitable trust. Although the court ordered San Diego to answer the challenge, the club decided to compete with a 60foot catamaran — much faster than a monohull.

San Diego’s Stars & Stripes catamaran,'■ skippered by Dennis Conner, easily beat the 132-foot New Zealand monohull. But Mr Fay returned to court asking that the results be invalidated because the use of a catamaran was illegal under the deed.

Justice Carmen Ciparick agreed with Mr Fay and ruled that San Diego had to forfeit the cup to Mercury Bay. However, in September the Appellate Division of the State Supreme Court overturned her decision. F Mr Fay is now taking his c£se to the Court of Appeals.