Bartholomew,
We all know the berm had something to do with the accident but it had nothing to do with the [I]cause[I] of the accident. The berm was legal under regulations as they presently stand at YHZ. You appear to consider it an unacceptable hazard and if so it seems to me that logic would require that, were you in charge at YHZ, you would have kept the airport closed to all traffic until the berm was removed. My question was, would this restriction be reasonable? The question is certainly open to debate.
It appears that the accident was caused by straight pilot error. IMHO the focus should be on why the pilot error was committed and the appropriate lessons learnt.
Rockhound