Okay Check board, I accede to your obviously superior analytical expertise and experience. The pilot Dunnit.
A question comes to mind though.
In your opinion,obviously CAsA has been derelict in their duty not to charge the pilot with breaches of CAR 234 (3) and CAR 220, both of which carry substantial penalties and a criminal record which would have ensured he never flew again.
What were CAsA thinking?
A quick show trial, where a pilot is required to prove himself not guilty, rather than the other way round. A guilty verdict, under strict liability is almost guaranteed as no mitigation is allowed.
By sheeting home the entire blame to the pilot they would have saved themselves and the ATsB a lot of embarrassment, not to mention considerable angst for the minister at the time, with an added benefit of saving the taxpayer what I would imagine are millions of dollars in obviously unnecessary investigations and reports. The company involved would also have benefited as a political bribe, sorry, donation would have been entirely unnecessary as well.