A question
From the MoD response at Annexe E para 1:
The waypoint change proves that the aircraft was under control of the pilots and at this time they were in breach of both VFR and IFR. For that reason, the pilots were considered by the ROs to have been grossly negligent at or some short time before the waypoint change. If there had been a control jam before this point, the pilots would have to have taken emergency action to avoid flying on towards the Mull.
Is a breach of VFR and IFR gross negligence and had the crash not happened would such a finding against 2 living pilots have been disputed?