I'm explaining why I hit the button with I explain on it 
I think Merc will get a fine and possibly some points deducted, but Pirelli get nothing. IMHO Pirelli have done nothing wrong, they asked teams to do tests, that's in their contract, that's fine; it's not their job to ensure that Merc stick to the rules. Mercedes however did the tests, and could have followed the rules by using an older car and no race drivers, but instead they used a current car with current drivers. As far as I can see the only reason Pirelli are at the hearing is to give evidence for the prosecution to use against Merc.
Should Ferrari then be punished for using Massa as a test driver?
Should Charlie Whiting be fired for okaying something he had to business to be doing and if he said "I'll get back to you Mercedes" and never did, is that not negligence on the part of an FiA official and is an FiA lawyer saying, well Pirelli does the the right according to their contract to use a current spec car... should he be fired as well?
Not understanding your insistence on ONLY Mercedes bearing some culpability in all of this.
...and so the conclusion is that if Pirelli feel there's a dangerous aspect to a current spec tire and the best way to test would be to use the car that exhibits the symptom of delaminating a Pirelli tire, that they can't? So it's okay to gamble a driver's life for the sake of not seeming to give a team an advange because of a double blind test?