The folllowing extract is from the OGR blog post dated 31 Oct 23
oceangloberace.com/countdown-to-southern-ocean-six-days-to-go/===============================================
Details of Pen Duick VI Time Penalty
Investigation Report: PEN DUICK VI broken seal on crew comms bag and evidence of Marie Tabarly’s WhatsApp account active after the start Sept 10 2023, UK.
Checking seals on Pen Duick VI Crew comms bag
20 October 2023 approx 20.00 local time Georgie Vintner, Don McIntyre and Marco Ausderau boarded Pen Duick VI as soon as they arrived. Skipper and all crew signed the NOR compliance declaration.
On inspection of the comms bag presented by Marie Tabarly, the OGR security seal holding approx. nine personal crew phones, sealed a few hours before the start in Southampton, was observed to be broken allowing free access to all phones. Photos were taken of the broken seal. The integrity of the seal is the responsibility of the entrant. The seals are quite strong and would not normally break without a reasonable force. A crew member suggested it may have broken while rummaging through the locker where it was stored while looking for food, also stored in the same locker. A comment was made that the crew member did not realise, or possibly forgot about the seal. The crew member was clearly upset.
Marie was present and saw the seal was broken.
The next day 23 October a recorded interview was held with Marie Tabarly to investigate the evidence suggesting her WhatsApp account was active after the start including on the 11 September a day after the start. A follow up interview was held on the 25 of October to clarify contradictory statements and information.
Findings of the investigation
The seal on the comms bag onboard Pen Duick VI was found to be broken by the OGR inspection team. Pen Duick VI did not report the seal broken in the first instance. It is likely that the phones inside were not accessed, but this cannot be proven conclusively.
Evidence shows that Marie’s Whatsapp account was confirmed active after the start of the OGR when approx. 5 miles offshore UK and most likely in range of phone signal. Marie was not forthcoming with accurate and timely information in regard to OGR questioning. In fact, contradictory statements and information was provided to key enquiries on two occasions. When OGR asked for confirmation of recorded answers, from a meeting 24hrs previous, Marie replied… “I do not know what I said and so what!”
Summary
OGR cannot prove conclusively the cause of the Active WhatsApp account notice, as two phones are involved and one was onshore. It is possible the phone ashore could have been used, which is not a breach of the NOR. On this issue no action is taken.
The OGR security seal on the comms bag was broken. It cannot be proven if it was an accident or with intent. It may be as a result of the entrant not having an onboard management plan to protect the comms bag.
It is the responsibility of the entrant to maintain the integrity of the seal. Not reporting the broken seal is the fault of the entrant. Other than the regret of the crew member responsible for regularly moving the bag to access food in the same locker, not being aware of the seal and its importance, there are no mitigating circumstances.
Under the NOR 3.1.7.C… Banned Equipment, a broken seal of the comms bag imposes a 72-hr time penalty. The seal of this comms bag was broken.
PENALTY is applicable.
After consideration of the facts, PEN DUICK VI is awarded a 72-hour time penalty applicable on Leg one of the OGR.
