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Crime and Punishment Illbruck's rather ludicrous penalty of 1,000 pounds ($1,500 dollars) for being found guilty of their illegal kelp cutter just doesn't add up. Illbruck's defense that the measurement certificate was issued after the modifications were made does carry some weight, but very little. The conclusion of the International Jury was such that the issuing of a measurement certificate does not constitute explicit permission for the modification. If one were to carry illbruck's position to extreme, one could have put a 100' tall spar on the boat, and if the measurer didn't catch it, well then you weren't cheating, right? It is unlikely that many in the sport view John Kostecki as a cheater. Everything that we know about him points to qualities such as honesty, determination and dedication. Oh yeah and this little thing called talent. Wicked talent. But the facts are that illbruck has been found to be sailing with an illegal modification, rendering them to effectively sail out of Volvo 60 Class trim. And we cannot believe that the illbruck team did not discuss this modification with respect to it's legality before they did it. And if they were being completely above board, and concerned with 100% compliance of the rules, why didn't they ask the measurer for specific clarification on this particular issue? Then to be found sailing with an illegal modification, the jury fined them $1,500 bucks? And let their first place stand? Not that this organization is a bastion of common sense, but if a similar violation had taken place in Formula One, the car would have stripped of it's points and position, and the team would have been fined 50,000 pounds.
No, illbruck, unlike O.J., did not get away with murder, but they at least got away with grand larceny. They most likely should have had some time added to their finish, something in the order of 5 hours or so. This would have been an appropriate amount because it would have taken away their win, which would be a fair penalty, yet not been so harsh as to ruin their entire race. But $1,500.00? We fail to see what that accomplished other than letting illbruck completely off the hook, and opening the door for further rules violations by other teams. Apparently, the message that has been sent is this: "How much can we cheat? How much do you want to pay?" November 3, 2001 9:31 AM |