BMFA rules or insurance do not come into it. This was a commercial flight which the pilot appears to be fully qualified to undertake. In the UK, commercial RPAS work comes under the jurisdiction of the CAA and has nothing whatsoever to do with the BMFA. BMFA insurance does not cover commercial flying and the pilot is legally required to have a commercial policy in place (far more expensive).
The flight seems to have been professionally undertaken with landowner's permission, an observer to monitor for incursions (who would normally be paid) and the pilot explained intentions to on-site police prior to the flight.
Over 7kgs or under he would still need permission from Gatwick ATC to fly/oparte (sic) in Gatwick ATZ
Nonsense. In the UK, flying an RPAS under 7 kg MTOM commercially (would guess a phantom is less than 2kg?) is perfectly legal in a CTR/ATZ without notifying ATC, providing the criterion "the person in charge of a small unmanned aircraft may only fly the aircraft if reasonably satisfied that the flight can safely be made " is satisfied. As far as I can see the latter issue is the only point open for discussion.
Ah the old 'just doing my job line'. I suppose if he wasn't there then someone else with a drone would have been, eh
Yep. It’s what the press do and, once again, is perfectly legal. Although appeals to morality do not affect legality,the pilot doesn't appear to have been filming anything distasteful, just the scene of a tragic event. Freedom of the press is essential in a democracy, in many situations it helps to hold those in power accountable – such as when a couple of plod go completely ego, snatch a control and attempt to land a 2kg RPAS without the necessary skills. Fortunately they got lucky and I'm sure it makes for a good pub story, but the outcome could have been very different. From what I have seen/read the guy flying was far more responsible than local police.
And as for the police claim (after exhausting all other options) that he had caused a breach of the peace, just have a look at the situation in the video/photos. Can you see people fleeing in panic or an angry mob gathering in the background? The phrase "trumped up charges" immediately springs to mind.