3D may have been an underbid, but 4D was worse. An immediate 5D is marked. So, what did the hesitation pass after 4S suggest? If the doubler was considering a penalty double, then the hesitation suggests defending. If 5D is not suggested by the hesitation, it must be allowed. If the double was suggesting a sacrifice, then 5D is indeed suggested over pass and/or double, and the 5D call must be reversed. Can't tell whether the hesitation was about a penalty double or a sacrifice? Then the hesitation was ambiguous. With no LA meeting the criterion of "demonstrably suggested" the player is free to bid.