Oh I kinda like the guy. Doesn't mean he's not a dick.
My take is that It's the whole package. The hand motion was fairly ambiguous, and yet it also seemed clear that it meant "okay let's go." His words, his hand motion, his attitude - it was all intended to deceive. I don't think we need to treat these things like a criminal trial - the very definition of angling is getting an unfair advantage WITHOUT BREAKING A RULE; that makes it tough to prove. Since there's no rule broken, it's all very subjective. But subjectively, it seems pretty clear to me what Martin did.
And again, this doesn't justify it, but that guy should have known better.