It was only Mahons opinion that they did not apply.
No it was not just "Mahon's opinion".
- Captain Wilson testified that he briefed the pilots that it was OK to descend in VMC.
- McMurdo ATC issued descent clearances contrary to those requirements because the company never advised them of those restrictions.
Justice Mahon's
opinion was that the descent restrictions were appropriate for the initial proving flights.
Justice Mahon established the
fact that the company subsequently disregarded those restrictions on later flights.
You make some good points, but you can't get past the
fact that the company briefed the pilots that they had approval to descend below 6000 feet VMC with ATC clearance.