Looks like the evidence of our ear-witness, Hugh Jarse, and of our expert on the reliability of Hugh's aural identification skills, Gaunty, might not be sufficient to send Mr Smith to the gallows.
Even setting that to one side, no one identified with any precision any rule that had been broken in the circumstances alleged. Not even our friends from Airservices say a rule's been broken.
Let’s all bear this lesson in mind before we are next tempted to join a Dick Smith lynch mob.