I feel I have to enter the debate. I have been very close to quite a few RAF Boards of Inquiry and it seems that to some the procedure is not clear. The Inquiry is NOT a court of law and does not concern itself with punishment or guilt, simply finding the cause of an accident (as many of you will know, not always so simple!).
The rules and procedures for the conduct of such an inquiry are laid down in AP3207 (The Manual of Flight Safety) Chapter 8. I have quoted from it below (at least the version that was extant in 1994), so that there is no doubt whatsoever what it says:
"Only in cases in which there is absolutely no doubt whatsoever should deceased aircrew be found negligent."
Now, if just ONE person has any doubt it seems to me that there is doubt; when experts like the AAIB investigators have a doubt then it seems pretty straight forward, not to mention a whole BOI had some doubt (up to the point where the AMs got involved)!
How and why these two pilots were found negligent under those rules has always escaped me.
I hope the MOD see sense and listen to the Lords. (By the way, unless someone can tell me otherwise, I am fairly certain that the finding of the BOI will not affect the pensions afforded to the deceased pilots relatives.)