Luc Lion :
So, it is not the fact that the flight was made for the sole purpose of transporting a passenger that necessarily makes it a commercial flight.
If you, as a pilot, make a flight just for transporting a friend at no charge, that's not a commercial flight.
Absolutely.
We all have suspicions as to what this flight really was and who directed who, , but as said before a few times already , the actual facts are showing it was a private flight ( i.e. Flight plan , no contract, no money involved, passenger confirming by SMS it was for free, etc..)
and unfortunately as it is for some people , unless something new comes up , when judging this case in court it will be the rules of private flights that will apply and not those of a commercial flight.