Caz
tucumseh
"would clear the pilots at a stroke".
You forget the Air Staff Orders and Instructions with which the Pilots failed to comply that day. Negligence was present even before they departed on that fatal sortie.
I make a point of not commenting on aircrew / airmanship issues as I know little, while plenty here do, so please forgive me for not directly answering that point.
I think you would accept that, should it be proven that MoD committed gross negligence long BEFORE that day, by breaching their duty of care by knowingly not supplying an airworthy aircraft, to use the Reviewing Officers' (and your) own argument, the gross negligence had already been committed, and the aircrew and passengers were victims.
Even if the pilots did something wrong (and I don't know if they did) then, typically, a court would deliberate on the degree each act contributed to the outcome. As I said, I don't think the MoD would want to go there, and would wish to "settle out of court".
Hope that makes sense.