The only independent evidence is data off the recorders, in particular, the voice recorder.
If this is used as part of the prosecution in defiance of international protocols there will be a movement to switch off the voice recorder. This can easily done by the pilots and a necessary ability in case of overloads in the circuit which can cause a fire.
This will almost certainly preclude the future installation of video recorders which will be an excellent tool for investigations.
The net result of prosecuting the pilot in these circumstances will be a reduction in aviation safety and hence the prevention of some avoidable accidents.
Punishment of this individual in these circumstances for whatever reason will put many other innocent parties at greater risk.
Last edited by 4Greens; 7th Feb 2008 at 10:22.
Reason: Typo