The Sheriff has clearly implied negligence on the part of the pilot, based on ‘the balance of probabilities’. According to Lord Philip (Mull of Kintyre Review), where aircrew have died and unable to defend themselves the ‘Standard of Proof’ is set higher to the level of ‘Absolutely no doubt whatsoever’ Furthermore, FAI are not set up to assign blame. This FAI fails to comply with these two criteria.
DV