I doubt any QC in the land could make that one stick, as it would be the commander's judgment (and he was in the aircraft) against someone elses, who was not.
Also, if one lands off the second appraochm it kinda suggests you were serious about landing
As I recall the circumstance of the case were very much as you describe. The pilot claimed he was landing, the observer, an ATPL if I recall correctly, said he was not.
The CAA won and the pilot was virtually ruined - there was even an appeal for funds to support him. This was pre-interweb, I have been unable to find any current references to it.
But it did set the precedent for this circumstance.