I really think we should cease this attempted 'criticism' of anyone here, and take the hard-learned lessons. ATC procedures were inadequate. The TU followed what he understood to be the over-riding of two apparently conflicting 'rules' for his operation.
We gain nothing from trying to apportion further 'blame'? It is obvious that TCAS, if followed by both a/c, would have prevented the accident. The tragic loss of life will, I hope, eliminate any possible confusion over TCAS in the future.