havick, I was just picking up on your statements
Basic HLS's cannot be used for night operations
and
There are dispensations given to operators operate outside the bounds of the caap
A CAAP is only advisory and you don't need a dispensation to not follow its advice.
AIP ENR 1.1.81.3.6 is the only "legal" reference I can find addressing this issue and it states
At night a helicopter should not take off from other than a site which conforms with the requirements specified in CAAP 92-2
Once again it is a recommendation, not a must do.
In any event, the site of the take off not conforming with the CAAP recommendations had nothing to do with the subsequent accident. The take off Gary made under the conditions prevailing is a lot less demanding than one made from an oil rig at night.