Then in the second match against Emirates Team New Zealand, Spithill was penalised in the start for a windward/leeward infraction moments after entering the start box.
But BMW picked the correct side of the course and led into around the track and into the final run, still, however, carrying a penalty. As the afterguard was trying to decide whether they could extend enough to complete the penalty turn, or would have to slow up to engage the Kiwis in an effort to offset the penalty, surprisingly, the penalty flag came down. The Umpires had assessed a penalty to ETNZ, in effect canceling the penalty to BOR.
BMW ORACLE Racing led across the line to win the race on the water. But the Kiwis are expected to appeal the penalty they were assessed by the Umpires. Certainly it was an unusual one. In an effort to protect the boats, the Race Committee had amended the sailing instructions to ensure the teams keep adequate forestay tension on the boats on the downwind legs. In this instance, ETNZ were judged to have breached this rule and were given a penalty.