BEAs statement is a careful selection of established facts which must have been checked out carefully by legal opinion - so I think I think it is worth looking carefully at the words used - albeit in the English translation - does the French read the same? Maybe reading in too much?
the Captain woke the second co-pilot
Suggesting he was asleep, and could have been for a couple of hours - but within 5 minutes he was in front of the controls as PNF.
Captain attended the briefing
that was nice - he could have just said bye? OK a lot more would have been said in the 3 minute handover, but who was Responsible, Accountable, or just Consulted/Involved. (yes management consultant speak - RACI analysis).
PF said
we can’t climb much for the moment because the temperature is falling more slowly than forecast" and that "the logon with Dakar failed"
shows he knows near max alt, and not authorized to climb, and that they all knew that.
At 2 h 08 min 07 , the PNF said "you can maybe go a little to the left […]".
tentative subservient, he didn't like what he saw ahead.
From 2 h 10 min 50, the PNF tried several times to call the Captain back.
Repeating a comment in this thread too many pages back. PNF not happy with what PF is doing - but doesn't have authority to question?
At around 2 h 11 min 40 , the Captain re-entered the cockpit. The altitude was then about 35,000 ft,
Did they tell the captain that they had been to 38,000 ft and were now on the way down?