KenV,
Couple of points if I may. In my experience, cognitive failure is likely exactly when overloaded and capacity sapped - we revert to the familiar (how many times have I used, for example, the wrong downwind checks....Bulldog in a Grob Tutor comes immediately to mind). AH was a low hour,low currency Hunter pilot with much more familiarity with the JP - I can see a distinct possibility he had a JP moment or something akin to it. As for CI being caused by a transient physiological issue, you are right that the court agreed - but only on the high bar of certainty necessary for a guilty verdict for the serious crime he was accused of. I would venture that a lower burden of proof at civil action level may well see a different outcome....