We don't, and the Mail don't say it wasn't either. They've stuck an ambiguous line out there, and let people read into it what they want.
The sentence says:
"Sportsmail understands those claims fell on deaf ears, with a three-man panel failing to unanimously agree on the incident."
Nowhere does that say that someone thought it was a dive. The 'claim' as implied was it was a dive, and it is undeniably true that the panel did not unanimously agree that it was.
It IS deceitful wording, which is what you'd expect from those trying to get credit from City-haters.