Roger,
Well I think to fly straight over the top of someone and descend through them you deserve a slap in the face quite frankly.
If he saw you and then did it, I'll hold him while you slap him but you tell us he says he didn't see you, which if he flew over the top of you is entirely plausible. As you didn't see him coming either, if that isn't fifty-fifty, I don't know what is.
As some of my best instructors used to say:
L
KOUT