Please forgive me if I am misunderstanding your point. I think you are saying that the restart should be technically prevented if it leads to bans in some cases of abuse. (I think a thread on that may already exist, but I can’t remember.) A case might be made for that, perhaps, in view of its wide abuse for stalling with repeated restarts as well as cases in which losers restart and win because of tesuji advice received from the new autoscore system. The restart still serves some purposes, however, in some situations: (1) when a beginner (or cheat) insists that his dead stones must be captured, so the winner restarts, captures them, and wins anyway because his lead was so large; or (2) when the autsoscore makes a mistake in scoring, and the opponent tries to leverage that.
Similarly, the most hilarious cheat I ever encountered argued that score cheating was legitimate because the system allowed him to do it. Of course, the stone removal phase (scoring) allows for honest correction of the score, and dishonest abusers of the system deserve to be banned for repeat offenses after a warning.