KEY POINTS:
Angry Alinghi managing director Grant Simmer says Team New Zealand's unsuccessful protest against his team has given them great motivation.
The America's Cup jury dismissed the protest Team New Zealand filed against Alinghi following race four.
The jury was not satisfied that Alinghi broke the America's Cup class rule 31.6 which reads: "Mainsails should be lowered to the deck without the necessity of going aloft."
In its decision the jury noted it is at the discretion of the measurement committee to take any further steps it feels necessary to ensure the yachts are in compliance with the rules.
At the hearing for Emirates Team New Zealand was director Jim Farmer, QC, and managing director Grant Dalton. Alinghi was represented by managing director Grant Simmer and director and legal counsel, New Zealander Hamish Ross.
Alinghi sailors Pieter van Nieuwenhuyzen, Josh Belsky and Murray Jones were called as witnesses.
Jones arrived carrying a bit of a rig to demonstrate the system the Swiss use on the boat. Measurer Don Martin also gave evidence. The hearing was closed to the media.
What was surprising throughout the process was how rattled and angry Alinghi's Simmer and Ross were.
"Three of our crew have spent their day off attending the hearing and giving evidence ... their crew has a day off uninterrupted by this hearing," Ross said. "It is all part of the America's Cup mind games."
Simmer said Team New Zealand either accept the role of the measurement committee or they don't - which was a slightly conflicting statement given Alinghi had just gone to the jury disputing the measurement committee's interpretation on the use of backstays.
"What they are protesting about didn't affect the result of the race, didn't improve the performance of the yacht, had no effect on the outcome of that race or the previous three races," Simmer said.
Dalton said his team just wanted to make sure the playing field was kept level. When told Alinghi thought the protest "frivolous and a complete waste of a day for everyone", Dalton said: "They would, wouldn't they."
Dalton said the fact the jury decision was not unanimous proved there was some doubt over Alinghi's actions.
Team New Zealand filed the protest after watching television footage that showed one of the normal post-race measurement checks. The measurer asked both teams to lower their mainsails without the assistance of a man aloft to demonstrate their compliance with the rule. Team New Zealand lowered its mainsail to the satisfaction of the measurers. Alinghi asked the measurer who had boarded SUI100 if they could raise a man up the mast to fix a halyard to the mainsail for safety reasons to prevent the sail from coming down uncontrollably. The measurer agreed to this request.
Alinghi bowman Nieuwenhuyzen was raised to the top of the mast, fixed the halyard, then held out his arms to show he wasn't assisting or interfering with the process. At the time the measurer was satisfied.
But television showed footage of van Nieuwenhuyzen's foot making contact with the mainsail as he swung around. Team New Zealand thought that was enough to question whether he had interfered with the process.
Following a five-hour hearing, the five-member jury dismissed the protest. Last night the paperwork was still being completed so it was unknown whether there were any avenues for further action. It was suggested the Swiss may have to undergo another check during the regatta.
