The helmsman follows the instructions of the bowman when it comes it crossing so he had to know Topaz was crossing ahead regardless of visibility. If you look at the first few seconds you can see the bowman on the boat from Which the video was taken, making signs that appears to be relayed by a guy amidship holding on the stay. the more I look at it, the more I believe that Svea would have passed behind had Topaz not tacked at that point. Doesn’t matter since he was on port tack but I think he was taken by surprise
Crap, I dunno who's who. WAFI's are a special breed, for sure. But given the close-quarters, to me it's all "special circumstances", so everyone's supposed to do what's necessary to keep clear. But, 1) If the boat from which the video originated hadn't turned to port, the boat on it's port side would have had room to fall-off, and take the crossing [stbd tack] vessel down it's port side. But the port tack vessel got closed off by the videoing vessel turning to port. 2) It appears the stbd-tack vessel, by the time it comes into view, is already screwed - by the videoing vessel altering course to port. There was precious little time for the sailboat that got crushed to maneuver, once it comes into view. Hope the guy that fell over the side got picked up. All in all, a serious WTF moment.
I agree that if Topaz would have held course it would have been fine. The moment he tacked he shoved his ass end in Sveas bow and there was no way to avoid the collision at that point. One can argue that you need to leave the other enough to do that, maybe. But as it stands the tack is a major contributing factor and I still don't think it's a sure thing for them to get away with it.