Chug, that is slightly disingenuous. Just as there isn't enough evidence to say that the Mull crash was gross negligence on behalf of the pilots, there is also a lack of evidence that (un)airworthiness caused the crash. Please don't use the Mull as an example of how people have died due to a failure of the airworthiness system; we simply cannot make that assumption.
Likewise there is no guarantee that ESF would have stopped 179 going down.