Appendix M
RECOMMENDATIONS FOR PROTEST COMMITTEES
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Allow anyone, including a boat’s crew, to give evidence. It is the party who normally decides which witnesses to call, although the protest committee may also call witnesses (rule 63.6). The question asked by a party ‘Would you like to hear N?’ is best answered by ‘It is your choice.’ Call each party’s witnesses (and the protest committee’s if any) one by one. Limit parties to questioning the witness(es) (they may wander into general statements). Invite the protestee to question the protestor’s witness first (and vice versa). This prevents the protestor from leading his witness from the beginning. Allow members of the protest committee who saw the incident to give evidence (rule 63.6), but only while the parties are present. Members who give evidence may be questioned, should take care to relate all they know about the incident that could affect the decision, and may remain on the protest committee (rule 63.3(a)). Try to prevent leading questions or hearsay evidence, but if that is impossible discount the evidence so obtained. Accept written evidence from a witness who is not available to be questioned only if all parties agree. In doing so they forego their rights to question that witness (rule 63.6). Ask one member of the committee to note down evidence, particularly times, distances, speeds, etc. Invite first the protestor and then the protestee to make a final statement of her case, particularly on any application or interpretation of the rules.
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M3.3
Find the facts (rule 63.6). ? ? ? Write down the facts; resolve doubts one way or the other. Call back parties for more questions if necessary. When appropriate, draw a diagram of the incident using the facts you have found.
M3.4
Decide the protest or request for redress (rule 64). ? Base the decision on the facts found (if you cannot, find some more facts).
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