OK, so I am somewhat slow in responding... You knewded that!
Jean-Paul Troadec, the director of BEA, the French authority conducting the investigation into the Flight 447 crash, told ABC News that Gaignard was not part of their investigation because the agency was "not interested" in the "private life of the pilot." Troadec added that he did not think Dubois's alleged relations with Gaignard aboard the plane would have played a role in the accident. …
And right he is: Captain was off duty, supposedly down and out in his bunk. Whether he was sleeping there or fooling around has no impact whatsoever on the evaluation of his responsibilities in an investigation. That he made it into cockpit in such short time - from a different flight deck - is something to acclaim him for (not so for failing to grab the situation, once he was there), not to shunt him for.
Press makes me sick sometimes: Even if he had slept through all the event until causing a ripple in the Pacific there would be nobody ever able to throw the faintest shade of blame on him for having done so (from a different POV you could discuss whether it was a good idea to take time off at this moment for starters, but that is a *different* take).
"Off duty" means you can ignore her for now, your qualified subs take care of her fate ("You have her?"… "I have her"). Apart from being the ultimate authority on board (and hence responsible - inherently - for *everything*) you are out of responsibility for the procedures evolution, and definitely so from a penal POV.
Flight law (as well as sea law) are (rightfully from my POV) like that.
Rattler
