International Jury determination
In the International Jury’s reply to the protest against the penalty applied to Australian Pilots, two rules and a guideline were stated at the beginning of the document as follows. But, there was no explanation as to what or how the Australian Team pilots broke any rules.
- Annex A 8.6.5 The Championship Director will issue a penalty for unsporting behaviour, the size of the penalty dependent on the level of aggression and/or abuse demonstrated. The penalty imposed may be a warning, issuing of championship penalty points, day disqualification or event disqualification.
- Annex A 5.4.2 Penalties may be imposed by the Organisers for unauthorized interference with the GNSS equipment, data or internal program, or Tracking equipement.
- According to the FAI Sporting Code General 6.2.2 – Serious Infringements (including, but not limited to, dangerous or hazardous behaviour or actions) and Unsporting Behaviour (including, but not limited to, cheating or unsporting behaviour, including deliberate attempts to deceive …
Comments:
- In the reply to the Australian Team protest, it was not made clear what rules had been broken or how they had been broken by the pilots. The only comment made that could relate to the rules listed at the start of the document was the sentence: “The sporting issue not to share the data with the other Teams is an unfair situation and unsporting behaviour.” No, mention at all was made of the other rule listed. Reply to the Protest against penalty applied to Australian Pilots
- The rule in Annex A referring to Unsporting Behaviour was not quoted in full. Notably, the first part of the rule which describes Unsporting Behaviour as being aggressive and abusive behaviour was omitted – “Championship pilots and team members who demonstrate aggressive and abusive behaviour to championships Organisers and/or FAI/IGC officials will be sanctioned for unsporting behaviour.” (see rule quoted in full below)
- The FAI Sporting Code referenced lists of infringements where penalties can be applied, but there was no specific comment on which of these infringements applied in the determination. This guideline was not quoted in full. It stopped mid sentence after the words ‘deliberate attempts to deceive’ and doesn’t include the specific reference to deceiving or misleading officials.
- There was no mention of interference with any equipment, data or programs even though a rule about this was listed at the start of the document. This is because there was no interference.
See Quoted Rules in Full:
Annex A, 8.6.5 Unsporting Behaviour
a. Championship pilots and team members who demonstrate aggressive and abusive behaviour to championships Organisers and/or FAI/IGC officials will be sanctioned for unsporting behaviour.
b. The Championship Director will issue a penalty for unsporting behaviour, the size of the penalty dependent on the level of aggression and/or abuse demonstrated. The penalty imposed may be a warning, issuing of championship penalty points, day disqualification or event disqualification.
c. Other team members (Team Captains, crew and other members) who demonstrate unsporting behaviour may incur a penalty ranging from being required to make a public apology to removal from the event.
d. Very serious examples will be referred to the NAC involved and/or IGC/FAI.
FAI Sporting Code General
6.2.2: Unsporting Behaviour (including, but not limited to, cheating or unsporting behaviour, including deliberate attempts to deceive or mislead officials, bringing FAI into disrepute, wilful interference with other competitors, falsification of documents, use of forbidden equipment and prohibited drugs and violations of airspace) at the discretion of the ASC concerned.