With confirmation?
It is one thing to alledge but another to prove.
I have read newspaper reports that suggest the agent contacted David Henderson but can you prove he in turn assigned David Ibbotson?
The AAIB report suggests the aircraft was not registered with the FAA to carry out commercial flights.
Even if the pilot had an IMC did he also have a night rating?
N264DB was registered in the USA and could not be used for commercial operations without permission from the FAA and CAA. At the time of writing there was no evidence that such permission had been sought or granted.
To fly an aircraft registered in the USA between EASA Member States, a pilot must operate using the privileges of an FAA licence. This licence may be:
a. Issued based on the privileges of an existing EASA PPL. If the EASA PPL contains a night rating, the FAA PPL will have night flying privileges.
b. Issued by the FAA following the completion of an approved PPL course. The privileges of a licence gained in this way will include night flying.
Clearly the legal responsibility for the aircraft extend beyond just the pilot who happened to be flying it at the time of the accident.