FlyMD I'm kinda with you on this, but more specifically I am amazed that the trainee is facing charges. Certainly within Maastricht trainees work without a license of their own, they work using the license of their coach at the time. Therefore all responsibility for the safety of air navigation lies with the coach. While training a student a couple of years ago, we had a situation leading to a loss of separation (4.7NM) and, quite rightly the ensuing investigation was centred, from an ATC perspective at least, around me as coach. I can't see under what grounds the Japanese authorities can hold the trainee responsible.
Mind you, I can't see that there was any criminal negligence here anyway. Poor controlling, yes, but criminal? As far as the TCAS/ATC discussion is concerned, I was under the impression, (please correct me if I am wrong, for I often am) that different operating agencies had different guidelines for this, which was a factor in the Swiss mid-air.