Two of Ireland's best known sailors have issued an unreserved apology following a gross breach of good sportsmanship at a major international event 10 days ago.

The pair, Tom Fitzpatrick and David McHugh, were the subject of a protest when, having joined in a race for the Men's 470 fleet at the SPA Olympic classes regatta in Holland, they continued to cross the finishing line and subsequently failed to retire. Following a protest from another competitor, the international jury at the event heard the case and found against the Irish crew under Rule 69 of the Racing Rules of Sailing which govern conduct and sportsmanlike behaviour. Crucially for the pair, the jury's ruling stated their recommendation that no further action be taken against Fitzpatrick and McHugh although they were disqualified from the race in question and barred from sailing the final race of the event.

It is understood that the jury took into consideration the fact that both sailors immediately admitted their infringement, co-operated fully with the panel and issued an unreserved apology. Normal procedure for any Rule 69 offence involves automatic notification to the relevant national authority.

Fitzpatrick and McHugh said in a statement yesterday that on Friday May 27th a broken trapeze wire delayed their arrival on the course for race seven of the regatta. They joined in the race beyond the starting line for practice and tuning purposes but subsequently became engrossed in the competition and continued to race across the finishing line.

Race eight began immediately and the Irish crew competed as normal. The third `back-to-back' race of the day saw them retire at the first mark where they were notified of a premature start (OCS) and they duly retired from race nine.

As a result of their early retirement from the final race of the day, they arrived ashore ahead of the fleet and, annoyed at their third OCS penalty of the regatta, departed the dinghy park and were unaware that another boat was later to protest them when it became apparent that they had not retired from the crucial race seven.

On Saturday morning, the international jury notified the Irish duo that they had missed the previous night's protest hearing and were to attend the second sitting that evening to hear the Rule 69 protest. They sailed the day's three races which have not been affected by the ruling which was passed later on to the effect that their race seven result would be disallowed and no participation in Sunday's single race would be allowed.

Yesterday evening, David McHugh denied last week's report in The Irish Times which said the pair had opted not to sail the final race as strong winds might have seen gear damage. "That story was not communicated by us to anyone," McHugh said adding that it was most likely a summation by another Irish squad member that became reported as fact.

This incident could not have come at a worse time for the pair who have been campaigning full-time in the 470 with the aim of securing a place on the Sydney 2000 Olympic team. In its statement yesterday, the ISA have said that as the international jury have recommended no further action, the national authority has decided not to pursue the matter at present.

Fitzpatrick and McHugh received up to £10,000 in funding last year, mainly from the Government, but they have yet to reach the lofty heights of their single-handed counterparts such as Maria Coleman, David Burrows and John Driscoll who are receiving performance bonuses. They depart for Germany on Sunday to train and compete at the Kiel Olympic classes regatta.