Interestingly, this is similar to the Glasgow helicopter incident only difference is that the pilot survived in this case
Actually I think another major difference is that the Glasgow helicopter pilot was performing his duties in the employment of the Scottish police, therefore vicarious liability applies. I'm pretty sure he would have been immune from prosecution in the same way a military pilot would.
I think vicarious liability ceases to apply if the employee is manifestly breaking the law (ie stolen the aircraft and flying it drunk or some such) but merely making a mistake is nowhere near enough to break the bond of vicarious liaiblity.
I had to learn all this stuff once.
Personally, I've always been struck by the contrast between Shoreham and the Glasgow bin lorry incident, myself.
In the case of the latter the CPS/Police decided no crime had been committed within 48 hours, and despite the evidence that has subsequently emerged, stuck to their position ever since.
Sometimes the law in this country seems incredibly arbitrary and random to me.