but still let him pay his fine and say Lamentations to the Administrator have as it's said have some 'tea and biscuits' and call it a day---a sacking of the CP seems harsh
I agree.
also they can get him on 91.13 if they wish...but he's not an FAA ATP soooo?
I don't understand your point. If I'm flying in Europe I'm not immune from European regulations because my ATP is from the FAA, am I?
(d) If the minimum safe airspeed for any particular operation is greater than the maximum speed prescribed in this section, the aircraft may be operated at that minimum speed.
I think you'd have a hard time convincing the FAA that the maneuver could not have been performed with flaps. If you're trying to say that it was an approach/go-around to avoid busting 91.119 then you don't have any case for not configuring and slowing down. Of course, if you're getting the waiver for the altitude you might as well get it for the airspeed as well.