Originally Posted by
Clare Prop
How did they prove what was said or not said in the cockpit?
Doubt there is a CVR in a Foxbat.
They 'proved' it the old fashioned way: The people in the cockpit gave evidence of what happened.
That said, the Court of Appeal noted that:
In lengthy reasons, her Honour [whose judgment was the subject of the appeal] found or otherwise explained that:
(a) neither Mr Ripper nor Mr Nguyen had been an impressive witness and so it had been difficult to ascribe much weight to the evidence of either of them;[footnote 24]
(b) it had been necessary to approach the evidence of all witnesses ‘very cautiously’ and, wherever possible, her Honour had sought to ‘corroborate what each witness said with other objective evidence’;[footnote 25]
The judge just did what judges get paid the big bucks to do: Listen to all the different stories and decide what, on the balance of probabilities, actually happened.