Yachting: Relief and defiance at tribunal decision

By DAVID LEGGAT

As Yachting New Zealand sought to recover from a legal black eye yesterday, relief and defiance were the emotions for sailors for whom the Olympic flame flickers on.

The Sports Disputes Tribunal, in its first case, upheld two of three appeals against YNZ's Olympic nominations process.

The tribunal, chaired by former Court of Appeal judge Ted Thomas, QC, found in favour of Laser sailor Andrew Murdoch, and 470 men's pair Simon Cooke and Alastair Gair, but dismissed the appeal by 470 women Melinda Henshaw and Jan Shearer.

The women, who won the national Olympic trial in January at Torbay, had been asked to contest the world championships in Croatia in May to restate their ability to achieve a top-10 finish at the Athens Games. They believed that having won the trial that was not necessary.

Former Team New Zealand tactician Hamish Pepper won the Laser trial ahead of Murdoch, who finished seventh at last year's world championships, from which Pepper withdrew through injury.

Andrew Brown and Jamie Hunt took the 470 trial, ahead of Canterbury's Stephen and Phillip Keen, with Cooke and Gair third.

YNZ's selection criteria states in part that winners of the Olympic trials will go to Athens, but also says the objective is selecting sailors with the capability of a top-10 finish there.

The tribunal found there was not enough evidence to come to that conclusion in either case.

Murdoch, Cooke and Gair in essence argued they had better credentials under those terms to achieve that goal than Pepper, Brown and Hunt.

The tribunal made a distinction between the two cases: it directed YNZ to send the top three Laser finishers at Torbay to the world championships, but in the case of the 470 men suggested yachting's authority should consider that as an appropriate course of action. YNZ might opt to simply reconsider the candidates for that class.

Pepper and Brown and Hunt still have the inside running.

Provided he obtains a top-10 finish in Croatia, even if his rivals - Murdoch and Nic Burfoot - finish higher, Pepper should be confirmed for the Olympics, a point acknowledged by Murdoch after yesterday's lengthy oral decision at the Royal New Zealand Yacht Squadron. A strong performance from Murdoch and a double-figure finish for Pepper would place Pepper's spot in jeopardy.

"I always believed in what I was doing, but you never know how things like this are going to go," Auckland-based Murdoch said, pointing out that Pepper was still in the box seat.

"It's a huge opportunity for me, that's all I ever wanted. I've still got a big job to do. I was seventh last year and I'm confident I can do it this time round."

For Cooke, it vindicated his decision to go to the tribunal.

YNZ chief executive Simon Wickham said his overriding emotion on hearing the decisions was disappointment.

"It makes it very hard for the selectors to exercise judgment," he said, adding that the sport's governing body would look to redraft its selection policy.

For many years, YNZ had a simple arrangement: win the Olympic trial and get the trip. They opened the door with the introduction of the top-10 finish criteria and were left feeling the bruises.

How story unfolded

* Laser sailor Andrew Murdoch finishes second behind Hamish Pepper in Olympic trials.

* 470 crew Simon Cooke and Alastair Gair finish third.

* Melinda Henshaw and Jan Shearer win the women's 470 trial.

* All miss selection with Henshaw and Shearer told they must compete in the world championships and prove they are capable of a top-10 finish at the Olympics before they are nominated.

* All appeal to the Sports Disputes Tribunal.

* Tribunal upholds appeals of Murdoch, Cooke and Gair but not that of Henshaw and Shearer.