Gents.
This thread has always been contraversial and opinionated.
On the one hand are the posters who say that the a/c was plainly CFIT'd.
On the other hand are the guys who say 'who knows?' and that therefore the GN charge is unwarranted.
I think both are correct. It just depends on your start position.
I'll expand.
From a legal point of view; A lawyers', if you will, then plainly all eventualites can NOT be ruled out. Therefore the Gross negligence charge is plainly unsustainable.
FADEC trouble, Nav troubles, Aurora wake turbulence issues, you pick 'em!
I tend to agree with the guys who say "dismiss the GN charge" any one of the above could have happened- or something else.
On the other hand, from a 'pilotty' point of view, and let's face it chaps, it's highly likely that they did what many a pilot has done before and will do again.
I don't cast any scorn on these guys whatsoever. After all they are stone dead. Along with their pax. Whatever the 'real' price is for GN, they've paid it. Guilty or not.
I wish you luck in overturning the GN charge but it will make no difference to the cold hard facts on the ground.
In fact, what difference will it make at all?
(And let's face it. If they did CFIT the a/c (which we'll never know), then they WERE guilty of GN and overturning the GN verdict would ACTUALLY represent a true miscarriage of justice).