Good morning Courtney,
If I recall correctly, it was you who labelled the rules, not me.
I'm sorry to be so pedantic, but extremely unlikely (your opinion) is not absolutely no doubt whatsoever. The AAIB report states that engineering problems cannot be ruled out, so the pilots
may have had a problem.
As with your opinion, I have no issue with John Day's. It is, however, a best guess - made with information known at that time, and a subjective interpretation of that information. It does not satisfy the criteria required to support a verdict of negligence.
In view of this I don't think that the rules should allow escape from judgement.
Why not?
Kind regards,
Brian
"Justice has no expiry date" - John Cook