Without further testimony, I wouldn't say that the video angle is conclusive enough to say that Stray Cats didn't keep clear of Wave. You can't see if Stray Cats' stern was overlapped at the point that Wave came up and then went back down. So, absent any other testimony, and a consensus that there was no contact, I would rule that Stray Cats kept clear.
Anyone who wants a good lesson in the expectations of luffing and keeping clear should make their way onto an umpire boat at a match racing event on monohulls.
BTW, we all need to stop using the words anticipate and opportunity. Anticipate does not appear in RRS. Opportunity appears neither in Part 2 nor in the definitions. 'Nuff said.
