Well I definitely agree that the system is severely flawed and I think your example is fairly spot on, but I don't see that as a legitimate reason not to penalise people who are actually caught.
On the note of it not being proof of sniping, I would argue that after an extremely blunt "zero tolerance" announcement from ESIC, that is hardly relevant.
Consider for a moment the 28 Australian players who were just banned for 12 months for placing a bet on CS, a bet that was specifically not on a game they had anything to do with;
Some of those guys would literally have just joined some throw together team that they tried out for after school or work and qualified for MDL with, then decided to place a random bet on a NaVi vs Vitality game on the other side of the world between people with whom they share exactly zero mutual acquaintances. Boom, 1 year ban. Fair? Yes, fair.
Zero tolerance rules like that simplify the process because they negate the need to prove intent or gain. They remove what would otherwise be a serious flaw in the system and the only downside is that pro CS players can't bet on pro CS, or teams can't have a stream playing within eyeshot...