Hi Cazatou,
you wrote the following:
As they told the HOL Committee, negligence occurred at or before the waypoint change
Surely if the Air Marshals have absolutely no doubt whatsoever, which by definition states that they know exactly what went on, they should be able to state at exactly what point (lat & long) the negligence occurred and what took place in the cockpit.
Simplistic, I readily accept, but my definition of the requirement of absolutely no doubt whatsoever means that absolutely everything is known about the matter. For the record, that is also what Air Marshal Hine had in his mind when he wrote those very rules.
To say that something (not known for sure) happened somewhere around a certain area (but don't know exactly where) doesn't quite fit the bill, I'm afraid.
My best, as always,
Brian
"Justice has no expiry date" - John Cook