Chugalug 2
In their evidence to the HOL Committee both the Reviewing Officers stated that negligence had occurred by the time the Pilots made the waypoint change. If they were IMC then the flight should have been conducted in accordance with IFR. If they were not in cloud then they had flouted the basic rules of Airmanship by flying too fast and too close towards the cloud covered high ground of the Mull which they subsequently impacted.
You will note in this respect that Mr Holbrook gave sworn evidence to the BOI that the aircraft was flying "in a straight line and in level flight and was proceeding towards.... the cloud localisation covering the Mull." Mr Holbrook estimated the height of the Chinook at "between 200 and 400 ft". You will remember that Mr Holbrook recorded his position as "2NM southwest of the Mull".
The Pilots had plenty of time to decide on a course of action to avoid "the cloud localisation covering the Mull". They failed to do so with tragic consequencies.