ORACLE insists "The America's Cup should be in October 2008"

Valencia 25 March 2008 - Sebastien Destremau: Can you tell us what the feeling is inside the GGYC/ BMW Oracle camp following Judge Cahn's latest decision?
Tom Ehman: We were very pleased to see the case resolved and our challenge again confirmed as valid. We now want to get on with the match and resolve this on the water as soon as possible. The sooner we race the Deed of Gift match the sooner we can all focus on a conventional America’s Cup.

SD: You must be pleased with Mr Bertarelli's word NOT to appeal the latest decision. What do you think has changed his mind?
TE: This is a welcome development. However we believe that an appeal would not have been likely to delay the match any further anyway. The rules of the America’s Cup do not allow a defender to extend the notice period by simply coming up with new reasons to go back to court as we have seen in Justice Cahn’s latest decision.

SD: In your opinion, is there more legal action to come?
TE: We hope the details of the DoG match can now be agreed without further court action. At the same time the rules of the Cup have to be applied equally to all teams. So if we need to go back Justice Cahn for a firm ruling on a date to move this forward that is what we will do.

SD: Sport wise, where are you at regarding the preparation for a DoG match?
TE: We are on schedule.

SD: Is the team enjoying sailing and match racing daily on your two 40ft multi? Or would they rather sail on an IACC V5 or AC90?
TE: Yes, the boats are great fun. You’ve seen the pictures. But as you suggest our first preference has always been for a conventional event, and up until quite late last year this is where our energy went. Up to then we had hoped the defender would accept our proposal for a conventional mutual consent event involving all teams.

SD: When did you start building your multihull and can you confirm that the boat is going to be launched around 15 June?
TE: As I say, we took the decision to shift our time and energy into the DoG boat at the end of last year. We will be announcing details of the build program closer to the event.

SD: According to BMW Oracle, the 10 months notice of challenge started in July 2007. However, we understand from a document sent by your lawyers on 25 September that you did offer the notice period to be tolled during the pendency of this litigation up through entry of a final order or judgment and expiration of the time for appeal. Do you consider this offer to be still valid? And why?
TE: When we challenged we gave them twelve months notice, not the required minimum of ten. During the litigation we proposed a tolling agreement that they rejected. After Justice Cahn’s November 27th decision, we proposed another ten months from then – October 1, 3 and 5, 2008. They filed new motions with the court two days after Christmas. The Court has now rejected those motions; and Justice Cahn has said our original challenge is valid. We stand by our offer of the October, 2008 dates. Everybody is ready to move on. It is time to get real and get on with the next event, which we believe should be in October 2008.

SD: You recently said that you could accept delaying the event until January 2009 if it was held in the Southern Hemisphere. Can you tell us what motivates this change?
TE: We do not accept delaying the event beyond October 2008. We were asked whether there could be a race in the southern hemisphere, and we said only if, as per the Deed of Gift, there were some agreement for a Match that fell between November 1 and April 30th. As you know, there is no such agreement.

SD: If you were to stick to 2008, Alinghi thinks that you are not giving them enough time to organise the defense and maintain an ethical sporting event with two deserving competitors. How do you feel about this claim?
TE: The fact is no one knows where the defender is at with his build program. And there is no requirement that they even build a new yacht. Cup history is rife with examples of existing boats racing, and winning. But if they have chosen not to start preparation until now, well, you will have to ask them why.

SD: Should a DoG match being held in 2008, Mr Bertarelli did mention that Alinghi could eventually forfeit. Would such a victory be acceptable to a great sporting team like BMW Oracle?
TE: We understand Mr Bertarelli has since withdrawn this statement as having been made in the heat of the moment.

SD: Can you tell us where you would prefer the 33rd Match to be held? Northern and Southern Hemisphere locations?
TE: We have always said we prefer Valencia. That makes sense for the event and for the city which is also favored by nearly all challengers as the logical host for AC34. But under the Deed this decision on the venue is the defender’s.

SD: When do you think BMW Oracle should be advised on the venue?
TE: In all previous Cups – including the last Deed of Gift match – the defender has given prompt notice of the venue on receiving a challenge. We think the defender should say where the event is going to be held now. It is obviously self-serving to both protest that the rules should be changed to give them more time, but still want to keep the venue a secret.

SD: Regarding race documents, measurement procedures etc ... Is it possible to have a DoG match without these previously agreed between the parties. One can assume that there is room for negociation like: " GGYC is reasonable regarding When and SNG will inform Where and How soon after?"
TE: Absolutely. Once again, the Deed provides for managing this process by mutual consent.

SD: You have been invited to attend a meeting in Geneva on March 27 to discuss the dates of the DoG Match. Are you going to negociate an agreement with SNG ie: Dates vs locations/race document etc..?
TE: We responded to SNG’s invitation to meet with a couple of alternative dates and they confirmed Geneva on 26th March. We hope we can reach an agreement at that meeting so the next match can go ahead soon.

SD: Is there anything you'd like to add?
TE: I think you have covered the key questions well. From our point of view the sooner we race the next match the sooner everyone can focus on getting back to a conventional America’s Cup regatta. This will be good for all teams.

SD: Thank you Tom for enlightening adonnante.com’s readers on GGYC/BMW Oracle’s current positions.