RAT 5 The only "actual conditions" on the day that could cause a flight plan to be over the maximum FDP before it started, would , I think we can agree, is very strong headwinds. I have it on very good authority that the plans on the day were for a round robin flight. Furthermore, again, on very good authority, the overall average wind component was a tailwind. The judgment makes it clear that the Captain asked, several times, if flying at maximum speed on a 767 could not get the duty within max FDP, what speeds were used at the planning/ roster stage. It is apparent, despite repeated requests his company never replied. I think we can all come to our own conclusions on why. Also in answer to the comments "what is fatigue", the ICAO definition is very clear
"Fatigue is defined as a physiological state of reduced mental or physical performance capability resulting from sleep loss or extended wakefulness, circadian phase, or workload (mental and/or physical activity) that can impair a crew member’s alertness and ability to safely operate an aircraft or perform safety-related duties."
Therefore it's immaterial if your "sleepy" or "feeling drained" or "knackered"...If you are so sleepy or drained or knackered that it impairs your alertness and ability ....AT ANY POINT IN A FLIGHT, to safely operate an aircraft that is "defined" as Fatigue. Cant really see where the confusion is to be honest.