'Getting away with it', as you describe the FR Capt in question as having done, is sometimes as much to do with chance as skill.
The times I have made mistakes and 'got away with it' have often involved their fair share of luck, as well as the better exertions of my colleagues.
Unfortunate circumstances for the chap concerned, important lesson learned for many. However, am I alone in cynicism when I see the old 'HF' angle being wheeled out (I was tired/stressed) only after the pilot was confronted with evidence of his reckless behaviour?
The whole point of CHIRP/ASRs etc. in allowing 'blame-free' safety culture is that you 'fess up on your own initiative; waiting until you get caught then finding a CHIRP-style 'explanation' (excuse?) for your actions leaves me a little sore.
Flying that aircraft again without proper maintenance action and a serious crew debrief was exceptionally reckless, stupid, and makes a mockery of those of us who try to promote our industry as 'professional'.
Does FR have a JAR-compliant FDM scheme in place yet? I don't think they're mandatory until next year, but I stand to be corrected on that.