Yeah, he made a mistake in a game that should have even been played becasue you were both guarenteed spots in the top 8.

I know for a fact that it was an honest mistake, becasue although he has been a "pro" player in the past he really hasn't played much MTG since Kamigawa and was using a proxied up Kiki during his testing which consisted of just goldfishing to see how he worked out (and therefore never involved actual opponents or their creatures). Additionally when the incident occured, there were not 1, not 2, but 3 judges watching the game in question and not one of them caught it either.