KP, not criticising. A reminder to all readers (professional flight crew do not need the reminder) that the Capt is ultimately responsible no matter how profound the mitigation. That is the point that I argue and, in a sense, defend the BA crew. In court, I would not have to defend my "opinion". Opinion is just that. FACT, is, however, very different.
Lots of mitigation in this case & that is why many professional pilots have made statements like " There but for the grace.................." etc.
In court KP, I would say ; " I know what you did and why you did it. But, I cannot condone it". I rest my case.