The AAIB appear not to have responded to the very last criminal defence submission, as far as I am aware, although this doesn't particularly surprise me. The head of the AAIB has said that he would accept, and consider reviewing, any additional information that has a bearing on the report conclusion, so there is a possibility that an amendment may be made at some future date. This information will not now, I believe, be made available until the civil hearing. There's no legal constraint that requires this information to remain confidential, just the need to ensure that the civil defence isn't jeopardised.
Overall, I have the distinct feeling that the AAIB senior management feel very uncomfortable about their organisation being drawn in to the detail of legal cases, most probably because this inevitably involves some form of selective application of their findings. I also believe that the AAIB regret the way that this particular report managed to cause so much upset, judging from the very positive efforts that they have made recently to gain a better understanding of microlights.
VP