Mr Hempel didn't black out - he might have had medical isues but they were not a factor and CASA is NOT responsible - it was a trim tab failure just like on that P51 at Reno.
My understanding from reading the report is that the ATSB expert on reviewing the photos taken by the police divers couldn't make an expert judgement whether it was a factor or not, see here:
So basically they were saying that unless the aircraft was salvaged there was no way of ruling it in or out.
The penny pinching Beaker put the notion to bed by not agreeing to foot the $30,000 required to salvage the Yak...so there she still lays probably now totally un-salvageable!
ps Hey Horatio wasn't having a crack at you mate! Just another blight on the relevant authorities who seem to be to be too busy either counting beans or covering their backsides to give a flying fcku about the people they're hurting!