John,

there was no contact, the.. "leeward screamer" (I like that term), gave them both room and time. Problem is that the boat nearest the mark probably did not have the opportunity to tack away or shoot over the mark (they was not fully powered up so the leeward boat had all advantages) but could perhaps have choosen to run over the mark instead.
Windward boats claimed that the leeward boat was luffing them after the start, and that the leeward boat did not sail its proper course.

I also think as you do, but I am not sure what is right when the uppermost boat dont have time to avoid the mark if he tacks away. Btw: the two windwards was not barging, they was close hauled and fetching the mark when the "leeward screamer" used his better speed (and thus, better pointing ability) to force them up.