Tucumseh - I hear you but....if, and I recognise it is a speculative if, there was no failures then the crew determined their final flight path that ended in the crash.
Even with a minor failure, and you should recognise that to me a simplex FADEC failure, including run up, is relatively minor once the crew is beyond TDP and before LDP, and should never result in a crash.
In fact, in my view, no more no less, only catastrophic control failure, occurring 5.5 km from cloud, leading to an inadvertent flight path to the crash site, would completely absolve the crew of responsibility. This is a very harsh black and white statement. However, to those of us actively engaged in such operations, I would say it is the grim reality of our responsibilities as pilots and Aircraft Commanders.
I respect your incredible knowledge and insight into the paperwork debacle and I have accepted it at face value. However I do not readily accept that it had any direct influence on the outcome without being aided and abetted by some poor airmanship along the way.
DB