Lets hope the facts emerge at some stage.
A good start would be to conduct a new investigation - this time with representation from a credible international body such as NTSB. This investigation should start with the retrieval of the recorders. If the French can get them from AF447 at a depth of 13,000 feet, its odd that the ATSB is so concerned about the dangers of retrieving them from NGA from a depth of 100 feet.
You do have to laugh a little about timing. In November - December 2009 CASA was hosting the FAA, who were in Australia deliberating whether to downgrade Australia to tier 2 status. Right in the middle of this, we have NGA ditching followed a few weeks later by the CASA special audit into Pelair. A special audit which found multiple longstanding systemic deficiencies, and thereby raised questions about CASAs oversight. What luck for this to happen with all this international expertise at hand.
I wonder what the FAA thought of the special audit. You imagine they had a bit of a chat over beers - most of us enjoy talking shop over a beer at the end of the day. Perhaps the FAA and CASA agreed there was nothing much to it and not worth passing across to the ATSB.
CASAs action to ground Pelair following this crash seem odd set against the ATSBs subsequent report. Why ground a company for several months because of single pilot? Why not just pull the pilots licence? Did CASA over-react at the time? Or was CASA right to ground the company, and then gradually permit it to resume operations over the following months? If CASA was right to do this, how do ATSB and CASA now maintain it was a pilot problem?
Not sure about Dom being pushed out by water pressure. Water tends to rush into rather than out of a sinking vessel. In fairness however, the hull integrity was breached, the cabin was filling with water, and the door was jammed. It was night, pro viz due to fog, and there was a moderate see. Having opened an emergency exit, water would have poured in. This was not a big jet with a large exit floating on water. It was a very small jet with a crowded cabin and a small hatch, and it was sinking fast. Even if Dom could have maintained position at the exit in the face of this water, he would have been obstructing the path for the others. Hard to see he could really do much more than open the hatch, get out, and hope others followed. Dom made his share of mistakes that night, but I suspect he has been judged a bit harshly in this case.
Incredible that there seems to be legal loophole making it difficult for survivors to successfully sue. Presumably the sharks are looking for other targets.