In reading the report, i can imagine the prosecution relates to the finding 1.4.2.26 d "The panel concluded that the ability to initiate ejection in a manner different to the design intent was a contributory factor in the accident"
So not new evidence, but perhaps an argument for a design flaw. Its also mentioned that more modern designs have an unsafe position indication.
If the main chute had deployed we would probably not even be talking about this, but very sadly when the holes in the cheese align, bad things happen.
My personal opinion is that without MB and their excellent products many more pilots would have died to date, and it's therefore sad to see this action.