The prosecutor may be in possession of more information than we have. Something may have been said on the CVR which betrayed intent.
Precisely my thought. But why condemn the PF on secret facts that could have easily been provided along with the statement. Let's face it, the statement was highly prejudicial already... surely some supporting facts would have helped out a little and mitigated the speculation that the statement was premature.
As a matter of law, concluding that a pilot is a murderer is wrong, but disclosing facts that strongly suggested that the pilot is a murderer is perfectly legitimate. It is for the courts to make these kinds of conclusions... preferably after a trial.