May I ask why so many "experts" are spending their energy to "prove" (or not) they were below MDA when it's very clear the aircraft pictured is in visual flight? Hint: it is normal and necessary to descend below MDA in 100% of landings!
Visual flight or not, the aircraft should not be flown below the PAPI though should it? Sure, we've all done it. Legally speaking though, it makes an interesting case. If only lawyers could see colours other than black and white... Obviously, there are some airports where the 'till a lower altitude is necessary for a safe landing' applies more than others, following the glide/PAPI's at these airports in certain types can lead to an underwear change at the other end, but the book says they are legal.
Just last week I was in TNCM, following an RNAV arrival. ATC were certainly calling us at every waypoint confirming altitudes then fully established - I wonder if this were the case prior to this incident. The controller certainly had her work cut out, she was pretty busy with both ends of the runway in use.