Regardless of the location, the Orders are quite clear. Ben even provided a link in his article, you'd think he would have read it first. The Order says ' The PIC...may proceed to an aerodrome of his or her selection instead of the nearest suitable aerodrome if...' and goes on to list a number of considerations. You might disagree with the selection (Tim and Ben obviously do) but the ONLY person charged with the responsibility of this decision is the PIC, and the regs clearly allow him to exercise such discretion.
To categorically state that safety regulations have been contravened, because the PIC made a decision which the regs allow him to make, is simply incorrect.
Spot on. Ben seems to have dropped the ball on this one.