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Are system psych allowed?

This is a question about bridge rules and regulations.

W
N
E
S
P
P
1
P
1
P
2
P
3
P
P
P

Scoring is MP and one pair bid as above. It is very unusual to stay in 3 on MP scoring, where spade is confirmed. North had a singleton spade and decided to use psych. My question was "How did South know that?", and the answer was "Why would he else return to diamonds".

Acording to Codex, Law 40.C:

"Deviation from System and Psychic Action

1. A player may deviate from his side’s announced understandings, provided that his partner has no more reason than the opponents to be aware of the deviation [but see B2(a)(v) above]. Repeated deviations lead to implicit understandings which then form part of the partnership’s methods and must be disclosed in accordance with the regulations governing disclosure of system. If the Director judges there is undisclosed knowledge that has damaged the opponents he shall adjust the score and may assess a procedural penalty.

2. Other than in C1 above, no player is obliged to disclose to the opponents that he has deviated from his announced methods."

Nothing alerted, what is your call as a TD? How can you prove that - "Repeated deviations lead to implicit understandings which then form part of the partnership’s methods" - this is true if you play 2-3 boards in pairs tournament against this pair?

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