IMHO,
Plainly the Gazelle pilot was not "far enough away", whatever the circumstances may be.
The Gaz pilot must have realised he was upwind and in a 20 kt wind should have routed accordingly. A little thing called airmanship I believe.
Just because ATC gave clearance doesn't make Gaz guy right.
At the risk of sounding flippant, if ATC cleared him to the 'H' and there wasn't enough room, would he carry on until the inevitable happened and still claimed he was in the right?
I don't think so!
SS.