I checked the coverage in Italian media. Apparently the position of the court is that it is not the fault of the F/C if the fuel gauge was incorrectly installed but they could have handled the resulting ditching better, saving some lives. The arguments are that they did not warn the pax to prepare for ditching, that they landed with a tailwind across the swells, that the ROD was too high. In addition it was later determined that they could have reached Punta Raisa airport from where they were.
The old hindsight bias or what? Lot easier after the fact.