It is a truth universally acknowledged, that the Laws of Duplicate Bridge are imperfectly worded. It behoves us, therefore, when interpreting what they are intended to mean, to have regard to what indications the lawgivers have given us, and I can't help feeling that an excellent starting point is the second sentence of the text:
Introduction to the 2007 Laws of Duplicate Bridge said:
They [the Laws] are primarily designed not as punishment for irregularities but rather for the rectification of situations where non-offenders may otherwise be damaged.
I suggest that it is also better to prefer interpretations that conform to common sense rather than ones which do not.
pran, on 2011-April-26, 16:51, said:
No, and I believe I have made it perfectly clear a number of times that this is not the point.
So one more time:
The point is that whenever a player has too few or too many cards in his hand, and a correspondingly incorrect number of played cards then the Director shall determine that there has been a defective trick and handle this situation as prescribed in Law 67B.
There is nothing in this law making the history of cards played relevant; what is important is the situation at a particular time. Law 67 does not bother about whether an extra card in a player's hand had at some time been played to a trick, the law only concerns the situation with an incorrect number of cards in the player's hand and among his played cards respectively.
The ♥3 may have been played correctly to a trick, this is irrelevant. What matters is that if the ♥3 later appears in a player's hand instead of among his played cards where it should be then the situation at that time is to be treated as if the card was never played to that trick.
So, one more time, Pran:
Law 67B said:
or when the Director determines that there had been a defective trick (from the fact that one player has too few or too many cards in his hand, and a correspondingly incorrect number of played cards)
Neither dburn nor I think as a matter of English construction that this mandates that the Director "shall" determine that there has been a defective trick; instead, it says what (s)he should do IF (s)he so determines. Both of us think that it would be very sensible to make no such determination. Moreover, I also consider that this would be in accordance with the worthy sentiment from the Introduction that I have quoted at the top of this post.
But if you insist on your construction of this clause, then let us at least follow through such a strict approach to the construction of the rest of the Law.
Law 67B1 starts "When the offender has failed to play a card to the defective trick,": here the putative offender has manifestly played a card to the supposedly defective trick, so this clause does not apply. If you want to deny this then, as dburn has already said on several occasions, you have to be able to say how, in accordance with the Laws, a card that has been played somehow becomes unplayed, and you have failed to do this - for the very good reason that there is no such provision.
Similarly, Law 67B2 starts (in (a)) "When the offender has played more than one card to the defective trick,": not even you is suggesting that the putative offender has done this, so we can no doubt put this on one side.
We conclude, therefore, that Law 67B is silent as to the consequences in the case in question. This is, of course, as it should be, since it is abundantly clear that Law 67B was not written to cover the case posed in the OP: it was written to cover the cases where a player either played no card to a trick, or played more than one. The case of a failure to turn properly a card that had already been played to a trick was evidently not uppermost in the Law writers' minds, so perhaps there was an oversight.
In such circumstances, is it not best to adopt a sensible approach in keeping with the overall purpose of the Laws instead of trying to stretch interpretation to breaking point and beyond in an attempt to support an arbitrary position?
PeterAlan