The game is not set up to be fair. Trying to force a 'fair' tournament upon it is artificial, and really doesn't fit EVE or its culture. Players will always try to get around any 'rules' put up in the spirit of 'gamesmanship' and any attempt to set some rules and enforce them will result in arbitrary decisions. The simple fact is: nobody can either prove or disprove if you are trying to get around the rules, or at least the intention of them. You can say you're not, but it is completely legitimate in the culture of EVE to lie, cheat and steal your way to a tourney win even when CCP is trying to stop people from doing that.
So in the end, decisions become arbitrary and only serve to cast doubt and negativity on the whole event, without ever guaranteeing the tournament actually will be fair.