There's a lot of ifs, buts and maybes to resolve before a solid case could be brought against a defendant:
- considering the circumstances of the flight to be undertaken (lots of interpretation required there)
- he or she has reason to believe that he or she is suffering from fatigue (how? as someone said, the patient is usually the last to know)
- or is likely to suffer from fatigue (mind-reading ability?)
- which may so impair performance that the safety of the operation may be affected (more crystal ball stuff)
A big bunch of ineffectual arse protecting ...gone seriously wrong!