Tandemrotor, (or anyone else)
I naturally take your point about being able to question living pilots and perhaps that part of my query deserved such a response. I would, however, like to know if a breach of VFR/IFR is grounds for a determination of gross negligence. My personal view is that if you can't ask why they did this then you can't assume but as a non flier I don't have that knowledge. The case for clearing the pilots seems to be based on the letter of the law so if the law says that a breach is GN then that is what it is. If not then the decision is no more than an opinion and its validity is as open to question as any expressed in this forum or elsewhere.
Not looking for a fight just clarification.