In this case, I don't think it was right of the Matinair crew to reject the ATC instruction. He obviously has his idea of "standard ICAO procedures" all wrongly applied. I complied with ATC's instruction to fly 3 miles left offset as I was radar monitored. The Martinair crew did not want to fly the left offset (citing the ICAO standard procedures) but insisted that it should be a right offset instead. This obviously will bring it into conflict with my aircraft.
I would understand if it was due to weather that they have refused to deviate to the left, but the weather was fine. This is a case of wrong applied knowledge.
If the Martinair crew has been given the instruction first and refused to comply, the delay in initiating the deviation could have caused a mishap. If he was aware of the traffic situation he would have heard ATC giving out the instruction (in English) to us first and realised that there was conflicting traffic ahead.
I believe ATC and pilots alike are entitled to file reports if safety is compromised or jeopardised by either party's actions. If one has valid reasons for his actions there is nothing to fear. Sometimes miscommunications do occur. An apology goes a long way in easing tensions or misunderstanding between ATC and pilots. Neither party wants a mishap.