[scott_s]

I meant we were talking about two different people - I was not talking about the non-native English speaker who clearly did not know the full meaning of the word.

I submit that evidence (I hesitate to use the word "proof" since it can have implications of certainty) is all about probability. You have to weigh the probabilities, always. With the native English speaker, I find that his words on the matter make it overwhelmingly likely that he knew exactly what he was doing. I'm not assuming guilt, I'm concluding guilt.