(Valencia, 21 March 2008)
Following the letter sent by the GGYC representatives in response to the
proposal made by the Société Nautique de Genève (SNG) for a fair resolution
of the 33rd America’s Cup on the water, Lucien Masmejan, lead counsel for
the defending yacht club, expresses:
“We regret the tone and the content of the response from BMW Oracle Racing
to our proposal. It looks as if they plan to stick to their destructive
strategy that has been successful so far, eliminating all Challengers and
qualifying in court directly to the America’s Cup Match, thus putting
hundreds of people in the sailing community out of business. Now they want
to use the same plan to beat the Defender without fighting a fair duel on
the water. We communicated to them that to have a fair and high-quality race
the event must take place in 2009. It is simply impossible for us to
construct a boat to defend the Cup in a seven-month time frame as GGYC
currently proposes.
Moreover, 2009 is the right date after the 10-month notice period demanded
by the Deed of Gift to allow the Defender time to prepare their defense,
which resumes only after Justice Cahn's final order was entered on March 19
2008. The parties agreed months ago that the 10-month notice period would be
tolled during the pendency of this litigation up through entry of a final
order or judgment and expiration of the time for appeal. But as they did
previously, GGYC keeps changing the frame of the discussion to try to obtain
the Cup by any means and at any price. Are they afraid of meeting Alinghi on
the water?
Both SNG and GGYC have repeatedly stated in public that, should they win the
33rd America’s Cup, the 34th edition will be sailed in 2011. Thus, it makes
no difference to GGYC and, more important, has no impact in the America’s
Cup community whether the race is held in October 2008 or July 2009, unless
GGYC does not believe that it can win if SNG is given adequate opportunity
to prepare for the match.
However, the SNG and Alinghi remain committed to trying to find a compromise
with BMW Oracle Racing and therefore we proposed a meeting next week to try
to find a solution that moves the America’s Cup fight back on the water and
not in court.”
A letter proposing the meeting on March 27th to further discuss the matter
has been sent today to the GGYC representatives by the SNG.