Scapegoat Indeed
well said Tuc, rarely do i find myself disagreeing with your view(s).
Having just spent a great deal of my time reading safety guidance/policy I am at a loss how the simple error of not resetting a switch can result in an isolated prosecution. Taking the article with a pinch of salt (as it provides insufficient detail) I am at a loss as to how the manufacturer is not to be held at all culpable for designing a system which effectively has a single point of failure and no adequate redundancy or additional safety checks. I am not questioning the reasonableness of the prosecution, more the choice of defendants in this particular argument.
IMO there are underlying similarities with Nimrod in this instance as it is questionable whether a sufficient FMECA and hazard identification has been carried out on the system and it has been operated with apparent scant regard for such a failure mechanism.
Let's hope the legal decision is not followed elsewhere in Europe.
H