Just because the 737 was (maybe) not where he was cleared to, does not consitute the sole or major cause of the incident i.e. not being at T1 does not give the 767 the right to taxi past regardless (not that I am saying he did). The old RAF adage "Don't Assume - Check" springs to mind...
I never suggested that it did, in fact I agreed with the "swiss cheese" analogy.