http://www.reuters.com/article/2012/04/16/us-aircanada-incident-idUSBRE83F10120120416

http://www.tsb.gc.ca/eng/rapports-reports/aviation/2011/a11f0012/a11f0012.asp

i am not taking sides here because of being in the similar profession, i am saying this because of accident investigations experience,

(a) Due to wrong TCAS advisory there have been two accidents that i know of , first one was over Europe, lot of children died in that accident(ref 1). the second one was near Delhi(ref2).

(b) Mistaking planets for on coming aircraft is not abnormal, a pilot worth his salt and has flown a few thousand hrs would have mistaken planet for an on coming aircraft, atleast once in his life time, anyone refuting this has either not been looking out or is telling a lie

(c) What if it was a real aeroplane? TCAS no TCAS how many would have lost thier lives

(d) TCAS itself works on an interactive process, meaning for TCAS warning to get activated both the aeroplane should have secondary radar on board, many small aircraft does not have secondary radar on board, which means you can hit an aircraft which is small, (With fatal consequences) without any TCAS warning

(e) Most routes are on IFR (Instrument Flight Rules) routes. Flying IFR, pilots by law don't need to look out (In fact i have seen people putting news paper in the front shield to block out sun in IFR Flights), if this pilot has looked out and taken actions, his actions are spot on.

blaming that it was due to fatigue , sleep etc is one big Bu!! Sh!t, airlines, FAA etc are looking for a fall guy, easiest 'Murga' is the pilot, hang'em !!

References

http://en.wikipedia.org/wiki/2002_%C3%9Cberlingen_mid-air_collision

Excerpt
..at the time of the accident and by ambiguities in the use of TCAS (My comment, ..TCAS advisory was wrong)

http://en.wikipedia.org/wiki/1996_Charkhi_Dadri_mid-air_collision

Excerpt
...The recorder of the Saudi plane revealed the pilots reciting the prayer that they had to, according to Islamic law, when they face death.