jcrosa, on 2011-June-15, 04:20, said:
Thanks all for your comments so far.
Now on to part 2 of the story.
The N-S team appealed the TD decision, directly to the (national) Board of Justice, which attends to all appeals when, as was the case, there is no Appeals Committee nominated for the tournament. The appeal was submitted late, for which reason the Board couldn't accept it. Nevertheless, the Board thought it a good idea to analyze the case all the same and put forward its views, if it could have been accepted for appeal.
What follows is (a free translation of) an extract of the results of that analysis, as publicized by the Board of Justice. Your comments will, once again, be much appreciated.
(...) Law 13 C clearly establishes that "when it is determined after play ends that a player’s hand originally contained more than 13 cards with another player holding fewer, the result must be cancelled and an adjusted score awarded", any offending contestant being also liable to a procedural penalty.
This precept is complemented by Law 86 D which determines that, in teams contests, the result obtained at the other table must be taken into account.
However, Law 12 B states that the purpose of an adjusted score is to redress damage made to a non-offendig side and to take away any advantage gained by an offending side through its infraction.
All along said Law 12 C, the main idea one retains is that the artificial score has the purpose of re-establishing, with equity, the conditions of play at the table, eliminating any advantage of one of the sides, in detriment of the other.
The punishment of the committed infraction is processed through procedural penalities and not through the artificial score, which has a different purpose.
Therefore, in this case, aside from the mandatory cancelation of the hand and from the optional procedural penalities to the infractors, either the result from the other table is considered, by applying the score adjustment with the purpose established by Law 12 B 1, or, not considering the result at the other table, for any reason (as, for instance, the hand not having already been played at that table), there is no case for a score adjustment.
You haven't referred what assertation was made by N-S with their appeal, and from the extensive ruling by the board it would seem that there was no such assertation but just a request for a second ruling.
However, Law 13C is clear and unambiguous (an artificial adjusted score must be awarded) and Law 86D is also clear (as both sides are at fault there is no reason for any adjustment from the result in the other room).
If South wanted to be heard on his assertation that he had counted his cards the simple answer is that he could not account for how the 14th card came to his disposition. And the important fact is that he did dispose of 14 cards, apparently without being aware of it (in tiime).