So why was Dave raising some doubtefullness about their actions?
Without the full context of the conversation that is impossible to tell.
However it's interesting following this (I've been following it since the original ANN thread) because there is no proof of anything here, only something abut a piece of code written 7 years ago had similar comments and on the other threads a load of other unsubstantiated accusations.
Did you know if you get different groups of people to write code independantly you get the same errors? (this has been found in academic studies).
Ever consider that the comments are similar because the developers are writing similar things?
There are a lot more questions than there are answers and some people talk about further information but are not offering it up - this sounds suspiciously like FUD...
As far as I can tell, there doesn't appear to be any case to answer.