1. Early Voyagers were known to have wiring 'issues', so an unexpected event not encountered on normal A330 family aircraft was a possibility - later shown not to be the case.
2. I do not know how much training had been given in the 'jammed sidestick' procedure, nor by whom such training was delivered nor their qualifications.
3. I do not know what SOPs were in place regarding 'one pilot off the flight deck' time or procedures. However, common sense would suggest that if there's only one pilot on the flight deck, he/she should be required to be correctly strapped-in and seated at the controls with his/her seat correctly adjusted. Quite why the co-pilot was off the flight deck for such an extended period of time is open to conjecture.
4. I do not know what SOPs existed regarding protection of the side stick from poorly placed loose articles. But again, common sense would suggest that nothing should ever be placed in such a position that it could interfere with the controls - as a US C-130 crew discovered when an NVG box jammed the control column.
5. I do not know whether guidance was given to the passengers to remain seated with their belts loosely fastened, as is normal on most airlines.
Although I would criticise the pilot for having seat in the position it was and taking photos when he was the sole flight deck occupant, I know him to be as honest as the day is long and he is most certainly not a liar. When he told me that he had no idea what caused the event and that he thought that the damage to his camera was occasioned by it being bounced around the flight deck, I certainly believed him. When he later found that it had jammed the sidestick, he was utterly distraught.
I took many a photo from the VC10 flight deck, but never when I was PF. It also went back in its bag behind my seat as soon as the photos had been taken.
The first court made its finding and I considered the sentence to be disproportionately harsh. It was rightly overturned on appeal.
Time to accept the court of appeal's finding and put this whole matter to bed, I venture to suggest.