ab, did you take legal advice from the same source as the AM's? The requirement was that the pilots were Grossly Negligent beyond all doubt, not that there was to be the tiniest shred of evidence, "beyond any reasonable doubt" that this was not CFIT. Even if it were, there is proof, not a tiny shred of evidence, but proof that the HC2 fleet then, including this one, was Grossly Unairworthy at the time, because it was Released To Service into the RAF in that condition.