The ROs were fully aware of the standard of proof required iaw the guidance contained within AP3207, and in consultation with the incumbent Director of Legal Services (RAF). However, the guidelines were not worded to state that Day/Wratten had to establish causal facts to find Jon and Rich grossly negligent. All the ROs had to satisfy was that
they had to be in no doubt whatsoever regarding the finding of gross negligence.
i.e. (in Jon's case) Day concluded that Jon was negligent to a gross degree at or before the waypoint change - he didn't have to prove it, he just had to believe it.
AP3207 – RAF Manual of Flight Safety, Chapter 8, Appendix G, page 9 states "ONLY IN CASES IN WHICH THERE IS ABSOLUTELY NO DOUBT WHATSOEVER SHOULD DECEASED AIRCREW BE FOUND NEGLIGENT
AA