He had no business cutting back between the boats at all. His first pass was a safe distance from both boats but his obvious line back was behind the
second boat.
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But clearly he had the right of way being wind powered...and if he'd been a boat it'd have been his starboard side theother boat was presented with.
AND he was upwind. It's all stacking in his favor.....
It looks almost like he was trying to jump the boat? Sometimes Darwin misses by just a bit but he'll get this guy yet.