19. Facts found: As shown at left, Internut (port) was approaching Modemoiselle (starboard) on the beat. Internut tacked slightly to leeward and ahead of Modemoiselle who protested. Al's note: This is a tricky case for the Protest Committee. The new tacking rule no longer contains the clause that puts the onus of proof on the tacking boat.
	Internut claims Modemoiselle did not have to begin to keep clear until after the tack was complete. Modemoiselle is sure she luffed to avoid hitting Internut before the tack was complete. At this point, the PC will be hoping that someone has witnesses to call. Failing that, it will come down to who can convince the PC that his version is the more likely.

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Decision: Rule 13 applies but it's a toss-up as to whether Internut broke rule 13. If I were on the PC, I would be looking for evidence such as

• how close did the hulls come to each other?
• did Internut yell "Tack complete!" and what was the exact position of the boats at that moment?
• was either helm's testimony presented in a way that casts doubt on his part in the conflicting areas?

Finally, my own personal attitude is that everything else being equal, I would hesitate to disqualify a boat if I were only 50% sure that a foul had been committed.

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case #20
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