The scammers,
but the 5% would also create the controversy as well.
If you are given the power of a mod, and you are 5% wrong, that is bad. Also with all this previous stuff you are tied into, I don't think that would make for a very impartial judge.
You can't compare that. I'm pretty sure that some moderators were invited with even a lower percentage. As stated in the rules, moderators are allowed to interpret rules as they wish (to some degree).
He might have been wrong less than 5% of the reports if someone else was handling his reports. I assume that he made mistakes when he joined the forums, as did I. I'm also now at 95%, it is just really hard to get it much higher.
I think that theymos has stated somewhere that 90% (or even less?) was enough.