AirfixPilot
Like InFinRetirement I too would commend you to read the HOL report at
http://www.publications.parliament.u...in/25/2501.htm
Your comment "looks like they made a mistake"destroys your case. Looks like is not enough. They may or may not have made a mistake biut we don't know. Therefire we cannot find them guilty. Simple really.
You have to be certain beyond all doubt that the two pilots should have forseen the consequences of their actions. [Edited by slj 11 August]
Read what the Lords say about the test at paragraph 147
"147.In the context of the Air Marshals' conclusion that the pilots were grossly negligent in placing the aircraft in the position in which it was at or before the way point change was made, regardless of what happened thereafter, the question to be answered is whether there is absolutely no doubt whatsoever that they ought to have foreseen that their action would in all probability occasion the final event.
It must be borne in mind that it is not known at what height or speed the aircraft was flying at the way point change, nor its position in relation to cloud. However Sir William accepted the possibility that they could have seen the coastline under cloud cover (Q 364).
Furthermore the Air Marshals' views as to the danger of the aircraft being at or in the vicinity of the way point change position even if the crew had intended to alter course at that point were much influenced by the high speed at which they assumed the aircraft then to be travelling - an assumption which, having regard to the deficiencies in the simulation which have now emerged, may no longer be justified"
Your other point "Whether or not the AC was functioning properly at the point of impact is irrelevant" is nonsense when looked at in thew conrtext of the lords Report. It was also the rock on which Day and Wratten perished.
Surely you now accept the Lords Select Committee response to your finding?