For me it's still going to be a 5m scrum, based on the defender touched it last.
Reasons
1 - consistency with how we judge touch
2 - there are scenarios where the ball wouldn't have gone dead unless it hit the defender (perhaps attacker was kicking for touch in the corner) and I don't want to be judging where the ball might have gone if it hadn't hit the defender.
I have replayed my recording the incident frame by frame and am comfortable that he did not actually touch the ball.
He trudg’d along unknowing what he sought,
And whistled as he went, for want of thought.
The Referee by John Dryden
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