However the trigger for the incident surely remains the inappropriate action of ATC.
This is pedantic but something I cannot accept as a pilot. It is the total responsability of the commander/Captain to accept a clearance or instruction from ATC.
If he is unhappy with that request/instruction it is the commanders duty to state so and to make a judgement on whether accepting an ATC instruction would jeopordise the safety of his aircraft and passengers.
To tip the fault at the door of ATC is accepting a failing in the ability of the pilot to act as a Captain/commander so in my eyes the failing is in the actions of the pilot not ATC.
Had the pilot informed ATC that he was in a situation beyond his abilities or he would be accepting a clearance which he was not legally able to accept then ATC could take some responsability in trying to get him out of an emergency situation.
In this case it was the pilots failure to act as a proper Captain/commander which allowed this situation to occur.
Pace