It shouldn't matter how an engineer (cleaner, pilot, cabin crew) leaves any switch in the flight deck. It's the flight crew's job to notice incorrect selections and do something about it (but leaving the oil filler off caps is different). But in the Helios case a knob of a captain and an incompetent F/O failed to appropriate deal with one of Mr. Boeing's many little "gotchas" before and during flight.
This judge is doing the wrong job. But there again, this is becoming typical for this country. Corrupt officials, criminal politicians and a totally pathetic judiciary. No wonder they haven't got a pot to p!ss in.
PM