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| Wednesday, November 27 Conner's team to outline protest vs. OneWorld Associated Press |
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AUCKLAND, New Zealand -- New York's Team Dennis Conner will outline to an America's Cup jury on Thursday its case for the disqualification of Seattle's OneWorld Challenge from the Cup challenger series.
Crucial to that case will be the ability of New Zealand lawyer Sean Reeves to testify in support of his affidavit, which alleges OneWorld stole and made use of design information belonging to rival teams.
The Federal Court in Seattle found in a summary judgment in September that Reeves had breached provisions of a confidentiality agreement with OneWorld. The court awarded damages of $850,000 against Reeves and imposed a restraining order preventing him from further disclosing information OneWorld regards as confidential.
Legal advisers for Team Dennis Conner indicated at a procedural meeting of the Cup jury Wednesday that they will seek to call Reeves, along with other witnesses, in support of its case against OneWorld.
The New York team alleges that in possessing design information belonging to Team New Zealand, Italy's Prada and 1999 challengers America True, OneWorld has violated sailing's rules of fair play.
New York and Prada are parties to a similar application to the Cup arbitration panel, which alleges OneWorld breached articles of the America's Cup protocol by possessing and using stolen design data.
OneWorld has previously admitted to the panel that it possessed confidential information belonging to other teams but denied using that information in its own design process. The panel penalized OneWorld one competition point and fined it $13,500.
The jury has emphasized that in pursuing its case against OneWorld through the jury, Team Dennis Conner will have to produce evidence that was not considered by the panel in making its previous ruling.
New York's lawyers have said they will tender new information. The principal plank in their new case against OneWorld is a substantial affidavit sworn by Reeves that alleges the Seattle team received a wide range of design information on opponents' hull shapes, deck layouts, mast technology, sails and fittings.
That affidavit could be submitted to the jury among New York's written evidence unless OneWorld objects and it is expected to do so. In that case, the affidavit can only be tendered if Reeves appears to give verbal evidence in its support.
Reeves said Wednesday he was still discussing with his lawyers whether he will appear. He said he could not rule out giving evidence.
"There is a serious case to be heard,'' Reeves said. "I'd dearly like the truth to come out and I'd dearly like to be a witness at this hearing.''
OneWorld has indicated it will vigorously defend the charges brought against it by New York and Prada, both in the jury room and before the arbitration panel. It will also take steps to ensure the court order restraining Reeves is stringently enforced.
OneWorld spokesman Bob Ratliffe said Reeves could face the imposition of additional $300,000 in damages for each individual breach of the restraining order.
Reeves, who has indicated he night appeal September's Federal Court ruling, is understood to have been offered financial assistance to do so.
"I'm getting support from corners I didn't expect to,'' he said. That support included offers to meet current and future legal costs, he said.
The jury will meet Thursday to allow Team Dennis Conner to provide an outline of its case and to indicate the witnesses it will call.
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