I think that would be invidious and deeply disturbing. They can't be held responsible in any way shape or form. They won't be held responsible, because the safe flight of the aircraft is not their job. In this case they CANNOT have been negligent. It's as simple as that!
Tandem - I didn't say they would be held responsible. We all know that ultimately the aircraft commander is always held responsible for whatever happens, but that said the other people on board are trained crew members and are expected to contribute towards the overall safety of the aircraft, otherwise why bother training them? Any crew member can be negligent in performing their duties safely.
Police Air Observers are taught the following:
Flight safety is the responsibility of all crew members and is the most important consideration in all aspects of police flights.
Are you saying that if an
observer saw another aircraft on collision course with his that the pilot hadn't spotted, and said nothing resulting in a collision that he wouldn't have been negligent in his duties?