That's too cute by half for the law, this kind of "I'm not touching you" argument comes up each time and it just doesn't work. The guy intentionally provided the code knowing it would destroy the "evidence"/contents of his phone if they entered it, it's clear what his intent was and the data would not have been destroyed if he did not take that action. The minor separation that he did not enter the code himself is highly unlikely to protect him in this case.

It's been a weakness in destructive duress codes since their inception.