I am afraid That I still do not understand what the CI was supposed to be in this case. When the question has been asked here; “what is CI?’ Examples have been quoted from Alzheimer’s to Alchohol, but none of them demonstrably applicable in this case. As I understand it, he was acquitted because the prosecution could not prove that they were NOT applicable. Is it suggested that, had AH been wired up to the right sensors at the time, something could have been measured in his physiology that accounted for his errors, or is it that some unknown and undetectable influence must have caused them?
This is a genuine attempt to understand what is to stop any pilot (or surgeon or engineer) who makes a huge blunder just saying “well, I was cognitively impaired”