From the Scottish Review:
Ms Shelagh McCall QC, representing Captain Traill's partner Dr Lucy Thomas, raised the possibility that the pilot may have been flying using 'visual contact' (VFR) rather than his night-time instruments, and therefore believed he would have enough fuel to land. 'If the pilot had thought he was operating on VFR and had 65kg in the tank, they would not have needed a Mayday,' she suggested. 'Correct,' said Mr Stobo(director of operations at Babcock mission critical services).
Well that's two people who have no idea what they are talking about.