Agreed, intent versus poor decision-making is a wide gulf.
However, I think that intent would likely be fairly easy to prove if indeed there were ill intent. There are many percipient individuals who have worked or still work for Tesla over the years that are privy to the innermost agreements and understandings that were promulgated to these select individuals by senior management. JB Straubel comes to mind. I am sure there are others. These folks have emails and other evidence to confirm or refute decisions that made their way into the batteries and/or the BMS system. Non-disclosure agreements are voided during discovery.
It is entirely possible that Tesla did not believe at the time that there would be long-term significant deleterious effects from their engineering. This would not equate to intent. But once Tesla became aware of these matters and started their dissembling, deceit, and other unsavory business practices, to me, that is intent.
Where it gets murky is if Tesla knew about the issues from the outset, and they intended to come up with reasonable solutions to these issues through future software updates. But those software updates were not forthcoming until May this year, and by then it was too late.