Hmmm, nope, there is no problem whatsoever with what he said XXX.
At best, the operator could attempt to sue if a subsequent investigation rules this out as a possibility. But that is not going to happen, because the operator will have a lot more on their mind at the moment, and in coming years, than the theories posed on PPrune.
yr right, I have heard this too, though not directly, I believe the witness is helping the ATSB with the investigation.