GADRIVR - kudos where it is due for sure, however:
Having operated Norfolk, Noumea, Auckland - remote location, poor WX reported - Always carry ALT (see Crikey CAO ref) and divert before eating into ALT Fuel. F28 had to turn back before TOD if wx was close to Min.
3 approaches before diverting is ridiculous in this part of world.
If the pax can tread water for 60 - 90 mins, they can't be that sick - so shouldn't be a mercy flight as suggested earlier.
Only 3 wearing jackets - that isn't a well prepared ditching.
But this is all speculation, and importantly, with the pedigree of the CEO, I suggest CASA will have difficulty prosecuting the matter fully