Trust me I know. I was working for the dude at the time and also 'stood up' We all took some coaxing but Benn did stand up at the time.
He did have a handheld true. But it was a UHF handheld, Honks also had a UHF handheld ,and he was making radio calls on behalf of Benn from another aircraft he was in on the ground.
I dont see how he can deny that when they have the tapes from Tindal MBZ of the whole thing. Unless they are not admisable or something like that.
I cant wait for the findings/verdict. It will have ramifications for GA, for the better or worse. If he slips through well that kind of thing will become all the more common.