Tyre side wall

With regards to the first picture (Looks deeper tear with weight on it) that picture is clear enough to see that the tyre wall has a deep enough tear (Stress fracture) to justify a fail decision, backed by a dangerous box ticked. You might even consider that a brake test is inadvisable in that example. 

We must not forget that some tyres in this condition only have a covering layer of rubber that has split, but the wall integrity is not harmed in anyway such that a fail should be issued, but an advisory issued, so long as the tear then is not deep enough to justify a fail.

The current example I agree is a fail.