So the basis of the RO's finding, JP, is a negative. Because the aircraft wasn't turned away from running into the mist shrouded hillside the pilots were Grossly Negligent? Is that the RAF's case? To make that stick the RO's had to be content that the aircraft could have been turned away. An aircraft type with a history of jammed flight controls, wreckage in which all the control springs were detached from the control pallet, wreckage in which the pedals were 70 degrees hard over. Now those facts don't prove that they couldn't turn away, but how on earth do they prove, along with everything else, that they could beyond all doubt?
This roundabout will keep on turning I'm afraid!