The linked trial testimony says otherwise. The engineer states he found bugs, and theoretically it might be possible he was unable to reproduce. Further, he evaluated the software against his own coding standard which was a variant of another.

The engineer was questioned:

" Q. Now, you have not reproduced in vehicle testing your 25 theory that there's a software bug that opens the THIS TRANSCRIPT IS NOT PROOFREAD 30 1 throttle and then the task dies, have you? 2 A. No."

From page 245. Further reproduction questions were all answered with a no further.

To get a successfully task death failure (what the engineer wanted to happen) the engineer had to modify the source code.

Further in the limited testing even with modifications, the failsafe triggered 100% of the time.

Your statement is incorrect.