Daemon
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It's not a fact though, it's our opinion watching footage on tv without comparing a range of samples of his bowling coupled with some fancy technology used by lab geeks which we do not understand and are merely speculating on.Definitely do not agree with 3).
The very fact his action sometimes looks worse
It may not be so clear cut and I can accept the idea that their technology may be flawed but there's just no comparison between that and the naked eye watching ~5 slow motions of his action per innings.
It's similar to the debates we once had regarding hawk eye in that sense, and we all know what the majority and (imo) correct opinion was on that matter.
Basically going on the points at hand I think there's a higher probablity that he's well within the rules. Just that these rules are ****.