The finding of negligence in the Mull accident was because the Pilots were attempting to fly VFR in weather conditions that (in the words of the BOI) "required flght in accordance with IFR in the vicinity of the Mull of Kintyre".
Which was their opinion and cannot be proved beyond any doubt whatsoever.
It is an unjust finding and must be quashed. Is MoD guilty of corporate manslaughter in that they knowingly allowed passengers to fly in an aircraft which experienced TPs had stated was unsafe?