FGS,
The incident occurred in what should have been enroute airspace, the aircraft were not vertically separated, therefore the radar standard, which CASA mouthpiece stated,should have been 5 miles.
Please fix up the syntax on your last post, and stop acting so superior. I visit the site to discuss, 'listen' to others opinions, and also put my point of view.
You seem to enjoy playing little games. Please let me know how, in this instance, you could justify less than the quoted 5 miles.