I reckon you are most likely right truth boy re the gear. Once hydraulic pressure is lost something like an uplock spring will lose pressure and release the gear and it will extend. But does the gear in a Westwind fall under under gravity in this scenario or is there some spring or bungy? Besides Im sure they had a look inside the cockpit to see if the gear lever was up or down. At the end of the day as stated earlier all problems started by not having enough gas in the tanks, thats why they ran out (almost).
I operate "negative RVSM" when I can be bothered and subject to ATC. Generally not a problem.
I wonder if Pelair will stand by their man? Time will tell.