I think issue is the ambiguity of the rules themselves and the way "deliberate" is defined. Going by the term literally, no one ever accidentally skates or does anything. In that sense, sure the actions were deliberate (ie. He was not bumped into the linesman).
But rule 40.3 says that a deliberate action without intent to injure should be 10 games.
It's written in a way that either side could be correct.
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