(short description of image)APPEAL no. 51

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Appeals Committee
Chairman (short description of image)Rich Colker USA
Members (short description of image)Eric Kokish
(short description of image)Becky Rogers
(short description of image)John Wignall
CAN
USA
NZD

Scribe (short description of image)Rich Colker USA

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Event
1998 World Championships
Open Pairs Semifinal
   
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Countries
GBR v FRA
   
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Players
NS (short description of image)Cuthbertson (short description of image)Mathieson
EW (short description of image)Chemla (short description of image)Levy
   
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Board
Board 10. Dealer East. Game All
ª Q 8
© K J 9 7 4 3
¨ 9
§ A K 8 6
ª K 10 6 5 3 (short description of image) ª A 9 2
© © Q 10 5 2
¨ A Q 8 7 6 ¨ J 5 4 3
§ 9 7 4 § 5 2
ª J 7 4
© A 8 6
¨ K 10 2
§ Q J 10 3

West
North
East
South

Pass Pass
1ª 2© 2ª 3©
3ª 4© Dble All Pass
   
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Result
4©*=: +790
   
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Facts

East led the §5 and the play continued (the card led is underlined):

Trick 1: §5 §3 §4 §A
Trick 2: ©K ©2 ©6 ª3
Trick 3: ©4 ©10 ©A §7
Trick 4: ©8 §9 ©7 ©Q
Trick 5: ¨4 ??? ¨Q ¨9

The TD was called at the above point in the play. E/W claimed that they heard North call for the ¨10 from dummy. West, without seeing the card played by dummy, won the ¨Q and began thinking about his next play. Both North and South believed that North had called the ¨K from dummy. South said that he had moved the ¨K into a played position by sliding it toward the edge of the table. While West was in thought North called for the ¨2 from dummy, at which point confusion ensued about who had won the previous trick. The TD had difficulty determining exactly what happened. E/W both contended that they had heard declarer call for the ¨10; N/S both insisted that North had called for the ¨K. When the TD arrived he noticed that dummy's three diamonds were arranged with the ¨K closest to the edge of the table, somewhat separated from the other two, with the ¨2 next and the ¨10 farthest away. The other suits were all arranged with their highest card closest to the edge of the table and the other cards descending in rank as they were placed toward the center of the table.

   
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TD's
Decision
The laws say that a card is played from dummy when declarer either names the card or touches it with the intention of playing it. The TD ruled that the ¨K had been played from dummy and that West's ¨Q was then a played card. This produced a table result of 4© doubled making four, +790 for N/S.

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Appellants
E/W
   
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Players'
Comments
North was absent, attending another appeal being held at the same time as this one. Both sides repeated what they had told the TD at the table, South contending that he heard his partner call the ¨K from dummy (and reporting that North was adamant that he had called the king) and E/W contending that they both heard the ¨10 called. Both East and West admitted that they did not actually see dummy detach a card before West played his queen. West stated that after 'winning' the ¨Q he began thinking about the next trick. He first considered whether declarer might hold a second diamond and then thought about what card to play (the king or a small one) if he shifted to spades (playing his partner for the ªA). While he was thinking North called for the ¨2 from dummy, and South slid that card towards the edge of the table into a 'played' position. This all confused West, who thought he was on lead. North then said that the lead was in dummy (with the ¨K, which he had played to the previous trick). E/W both disputed this, and the TD was called.

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Committee's
Comments
After questioning the three players present and reviewing the pertinent laws with the Chief TD (William Schoder), the Committee decided that the ¨K had been legally played from dummy and that West's ¨Q was therefore a played card. It was clear to the Committee that both East and West truly believed they had heard the ¨10 called from dummy. It was also the opinion of several of the Committee members that the lawful adjudication of this case and others like it does not achieve what should be our primary goal, that of restoring equity in situations where no infraction has been committed.
   
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Committee's
Decision
The Committee assigned the result achieved at the table after the TD ruled that the ¨K was played at trick 5. The score was adjusted for both sides to 4© doubled made four, +790 for N/S.
   
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Relevant
Laws
   
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Deposit
Returned X
Forfeited  


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