Bush Pelican.
I just cannot let your post go. I feel it goes to the heart of the matter- especially from the view of non-ATC's wondering what all the fuss is about.
The standard of negligence is still ‘what would a normal reasonable person do in the same circumstances.’
Keyword; STANDARD. ATC is full of standards. Rules, rules, everywhere. We get formally checked annually on our knowledge and application of the rules, in order to maintain a standard. We are every minute of the working day expected to self-police those same standards, and could be examined at any time on our performence, by either radar/comm tape reply, complaint by a pilot, RA event etc. As some have already pointed out, if you want to 'wing-it', you are potentially creating a more dangerous situation for both yourself, and the pilots/pax you are controlling (re-read earlier posts). If something bad were to happen, you can bet the 'reasonable person' standard would be 'to apply the rules'. If you want the controllers to do something different, have the rules changed. Don't change from Class C to Class E, then say 'just pretend it's like Class C at times'. And it's not all just about liability. It's about professionalism.
Good luck to you all back there. I hope this is sorted out soon. And get some money off the bikkie man in court. It seems to be the only thing he understands.