By HELEN TUNNAH
The critical witness in Team Dennis Conner's bid to have OneWorld Challenge thrown out of the America's Cup has not decided whether to give evidence.
If Sean Reeves, OneWorld's former operations manager, does not back up his claims that OneWorld used the design secrets of Team New Zealand and two other syndicates, Conner's protest to the international jury may collapse.
Reeves told the Herald he was still talking to his lawyers about whether he could appear before the jury.
A United States court ruling that found Reeves broke a confidentiality agreement, which could cost him $1.7 million in costs and damages, may prevent him speaking.
Legal constraints have already stopped Reeves directly outlining to Team Dennis Conner his allegations, which are denied by OneWorld.
But Conner's legal team is expected to put to the jury an affidavit sworn by Reeves months ago and obtained last week from Team New Zealand. The Conner group will reveal tonight what evidence they have.
Reeves said yesterday that he had not ruled out giving evidence.
"There is a serious case to be heard.
"I'd dearly like the truth to come out and I'd dearly like to be a witness at this hearing."
Team Dennis Conner, representing the New York Yacht Club, this week protested against OneWorld under yachting's fair-sailing rules, which require a competitor to comply with recognised principles of fair play and sportsmanship, saying their Seattle rivals had committed "multiple" breaches of cup rules.
The protest, to be heard after this week's racing, came just a day after Team Dennis Conner and Prada lodged a joint application with the America's Cup Arbitration Panel to have OneWorld disqualified.
Much of the evidence supporting that application was based on Reeves' written affidavit.
Conner's legal team is expected to try to table that affidavit at the international jury hearing, but OneWorld can object.
If that happened, which appears likely, the affidavit could be considered only if Reeves was available to give evidence and be cross-examined.
But if Reeves speaks out about OneWorld, he risks further hefty damages claims in the US.
Reeves said yesterday that he was considering appealing the US court ruling.
"There are moves afoot for that to happen.
"I'm getting support from corners that I didn't expect to."
He said that support included "serious talks" about meeting his legal bills.
He would not say where the support came from.
The Arbitration Panel, the America's Cup's ultimate authority for hearing allegations of rule violations, will not hear the Conner-Prada case for several weeks.
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Legal threat hangs over key witness in OneWorld row
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