At time 0:36, M87 (on port tack) turned down to sail in front of H7 (on starboard tack). At time 0:37, they made contact.

In that one second, just how much do you think H7 could have done? Even if she took no time at all to assess the situation, and put the helm hard over, at 7+ kts boatspeed they'd almost certainly still collide.

Remember that a right-of-way boat need not act to avoid contact until it is clear that the other boat is not keeping clear. See RRS 14(a) and ISAF Case 87.

Given the video shown, I'd be very surprised if any jury penalized H7. This is about as cut-and-dried as it gets.

I hope that helps,
Eric
US SAILING Certified Judge
Chair, SAYRA Appeals Committee