Italy, Stars & Stripes Pull Closer : America’s Cup: New Zealand’s victory Saturday is annulled by challengers’ jury because of infraction.

SAN DIEGO —  Il Moro di Venezia syndicate head Raul Gardini said Sunday morning that New Zealand should be kicked out of the America’s Cup.

Sir Michael Fay of New Zealand said there’s only one way to do that: “With five wins on the water.”

Gardini’s skipper, Paul Cayard, took Fay’s cue Sunday afternoon and outsailed New Zealand by 43 seconds to tighten the best-of-nine challenger finals at 3-2.

While the Kiwis were sleeping Saturday night, the challengers’ jury agreed with Il Moro’s protest that New Zealand had used its bowsprit illegally and “annulled” their victory Saturday.

Then, at an extraordinary Sunday morning news conference, Gardini and Fay exchanged words.

That was the prelude to a relatively mild day of racing in westerly winds of six knots freshening briefly to nine. As did Il Moro, Dennis Conner and Stars & Stripes established a quick lead and stayed in control to beat America 3 by 1 minute 28 seconds and close the best-of-13 defender finals to 4-3.

When Conner trapped America 3 outside the starting line in pre-start jousting, starting helmsman Dave Dellenbaugh tried to escape, but was cited for jibing (turning downwind) too close to Stars & Stripes and had to do a penalty turn after the gun, giving Conner immediate command. America 3 never got back closer than 31 seconds.

The presence of rival multimillionaires Gardini and Fay before the collective media for the first time here indicated how strong their feelings were. Usually, Gardini is only seen riding as the idle 17th crewman on the race boat, while Fay has hardly been seen at all.

Earlier, with administrative director Gabriele Rafanelli translating, Cayard protested on the basis of Rule 64.4 of the international racing rules and 8.9 of the special Conditions governing the event.

Cayard said: “The point is that the gennaker on New Zealand is being flown by a rope that goes directly from the bowsprit to the tack of the sail. The rope is not led through a spinnaker pole.”

But the jury, deliberating until 1:15 a.m., addressed only 8.9 and noted only that “for approximately eight seconds (during Saturday’s race) the tack of the gennaker was being controlled by a line from the tack of the gennaker through a block near the end of a bowsprit. . . . (but) the infringement had no significant effect on the outcome of the match.”

The decision concluded that “the most equitable arrangement is that NZL 20’s victory in Race 5 shall be annulled.”

That hardly satisfied Il Moro.

“New Zealand violates Rule 64.4 every single day,” Cayard said.

After the race, Cayard softened his stance only slightly. Despite winning easily, he flew another red flag for a technical protest.

“Even though we did win today, we want to try to clarify things one more time without any points being in jeopardy for New Zealand,” he said. “It really is our intent to clarify this issue, not to punish anybody.”

Asked if he noticed the Kiwis doing anything differently while jibing, Cayard said they did seem to be more careful about breaking any rules, “but even while they straight-line sail, they are in violation.”

Bruce Farr, who designed the New Zealand boats, said: “There has never been an intent to circumvent the rule.”

Tom Ehman, general manager of the America’s Cup Organizing Committee, has joined the Italians in questioning the challenger jury’s rulings.

Said Fay: “Mr. Ehman really has no place in the conduct of the Louis Vuitton Cup.”

It was not the first time Fay’s team has been assailed at an America’s Cup. In 1986 it was the fiberglass 12-meter, in ’88 the 126-boat--132 feet with its bowsprit, which the San Diego Yacht Club answered--unfairly, Fay said --with a catamaran. Fay fought back through the courts and lost.

Sunday was the second anniversary of the New York Court of Appeals’ ruling ultimately awarding the Cup to San Diego.

Racing will resume Tuesday in both finals.