Port Tack Boat (P) approaches a Starboard Tack Boat (S). Both boats are close hauled..The wind is moderate, but shifty. P is getting lifted nicely and decides to cross ahead of S. There appears to be adequate time for a safe crossing and P proceeds across the bow of S.
As P is part way across the bow of S, the wind shifts suddenly 20 degrees to the right. P is headed and has no time to tack. P bears down quickly to keep up speed and to complete the cross.
As the shift occurs to the right, S is lifted quickly to the right and is now on a new course. Collision is now apparent. S continues on this new course and then strikes the back stay of P.
S protests P ( port/starboard).
P protests S ( failure to avoid collision)
Neither boat accepts the other's protest and the protests go to committee..
As Judge...how do you rule?