Well, I don't know. Rant aside (I never thought Mark Justice was "shady" until that draft incident; before then, he seemed like a "good" player), since it appears he admits they were "marked", he has to suffer the penalty, whether it was intentional or not. This is just common sense.
Of course, this is because he admits it. Although it's hard to refute this kind of evidence, if the DCI depended on people admitting their wrongs, there'd probably be a lot more investigations.
This just goes to show you (or me, really) that when you're competing at the top levels, to say the least, you have to be sure that you aren't breaking or bending any rules. No ifs, ands, or buts. Period. There's just no excuse.