"It is acknowledged by all involved in this case that the aircraft was under the full control of the pilots at the time that the waypoint change was effected. By that time, the negligent act had already been committed. The pilots had already committed to a flight path which would take the helicopter too fast and too low, into cloud. In doing so, they failed in their duty of care, and it is this that is the basis of the finding of negligence."
Not "guilty by waypoint change" but guilty BEFORE waypoint change.
Ask the MOD to identify the geographical location of the aircraft, where they state the negligent act was committed.