I reckon most posters are forgetting the whole point of this thread - it's about a court case and not about the facts as they see them.
Yes, the SOP's will be gone over and may be criticised along with the actions of the pilots but I believe the overiding factor here is once you have agreement on the regulation of the skies in that we have ATC - it's their ultimate responsiblity to prevent collisions - no matter why or how - the guy in charge at the time will be blamed.
On top of that we have the additional National interests and affronts of "we wouldn't do that kind of thing here" and "how dare you insult us," plus and increasing lobby of folk who seem bent on indicting company directors at every turn to further some kind of vendetta against corporate business.