But the above you have stated, is a lot less worse than getting 1000km testing with the current car, with current and next years tyres, as those are loopholes rather than anything else.
Is that not yet more supposition? Brawn has claimed that the test was carried out by Pirelli for Pirelli, using the Mercedes cars and drivers (because Pirelli don't have any representative ones of their own) on tyres that are for next year not this year. The inference from that is that Mercedes took no data for themselves and therefore gained no advantage from the tests.
There are plenty of armchair experts about, saying things like, 'There's no way Mercedes can have done 1000km of testing and not gained anything from it' but can we be absolutely categorical about that and therefore brand them as guilty? To my mind, it is at least possible that they operated blind, as Brawn says, and did not gain any significant knowledge that would help their own performance (however unlikely that might seem).
The 'evidence' which seems superficially overwhelming, doesn't necessarily always turn out to be so. 'Twelve Angry Men' springs to mind.