OK that makes sense. AOC 2Gp did the Op necessity thing 2 days or so after the crash. From what you are saying, if the ac is still deemed not airworthy then this Op Necessity, military risk catch all, cannot be used.
And who would have the authority, outside of the Military to deem the aircraft not airworthy? I am also thinking about the recent trial of the Met, could a member of the public challenge the airworthiness of the Nimrod? Say based on the failure of the MoD to comply with civilian airworthiness directives?