I think that when the Shields probably gave away an overlap by turning down, the Screamer had an opportunity to turn to windward as opposed to dithering about. Even Mr. Backstay told Mr. Dither on the helm to come up and even put his hand on the helm to stop Mr Dither turning down.
However it would/should have been very easy for the Shield's skipper, or an awake member of the Protest Committee, to then say "Filmer: did you, at any point before collision imminent, consider turning to starboard -away- from two boats that had R-O-W over you? If not, why not? If yes, why didn't you do so?"
"Because we were overlapped. I should point out again that the overlap was established too closely which is proven by the fact that they could not alter to weather w/o hitting us and the overlap is proven by the fact that we struck them on thier port qtr as a result of them coming down on us. Oh my neck hurts I think I need to go to the hospital"
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