cant or wont?Read the cas award, thats exactly the argument put forward by the defence.
1. We shouldn't be found guilty for reasons xyz
2. In the event that we are found guilty we should have no significant fault for reasons xyz.
the idea that if dank was able to help in either of those points that they wouldn't have used what he has to say is absurd.
The reason they didn't make a complaint is because he can't help in either or both those points.