Sadly, in law (and in F1), it is not what you know, if is what you can prove beyond reasonable doubt. But it all starts with the assumption that one in innocent until proven guilty. If you can't "proove" it, there is no choice (unless you work like the Belgian tax system that works on the assumption that you are cheating ).JohnsonsEvilTwin wrote: If I shot and killed someone on camera, but there is no DNA evidence or no trace of the weapon, does this mean I'm innocent?
Of course it doesn't.
We have all seen / read about criminals regaining their freedom because someone did not contact the right person at the right time in the right way. Although it was clear that the criminal was at fault or the one that had commited the crime. I think they call it "procedural error" which breaks the chain of confidence and warrant that the evidence has not been "tampered" with.
In this respect, the FIA probably considers the video / fotographioc "evidence" of this flexing as circumstancial evidence, but not valid enough to state that these are flexing. Here, as has been stated more times that I care to remeber, the "procedure" (i.e. test-mechanism) is at fault.