JP,
Wellcome back. I hope that you will deal with the question of doubt raised by M134 because it is this requirement to have "no doubt whatsoever" which is fundamental.
With my scientific hat on, "no doubt" means that it is scientifically proven and this is, as others have pointed out, a very high standard of certainty indeed and probably very unlikely ever to be achieved without reliable eye witnesses and an FDR. I would be interested to understand if you can claim that degree of certainty.
Your theory certainly fits the known facts, of which there are two:
1. Change of way point
2. Point of impact
Scientifically speaking the weakness in your position is rather like someone drawing a graph with only two points. Without some previously proven rule to determine the shape of the graph, it could go anywhere e.g. straight line, sine wave, etc. Your "rule" is based on your extensive experience as a pilot and, to me, it is very plausible. However, it can never be with "no doubt whatsoever" to the extent apparently required by the regulations. This is the issue we are all on about and which the HoL determined. Let us hope that the debate next week helps justice to prevail.
Last edited by pulse1; 31st Oct 2002 at 16:32.