This is my first game with Zem on Worst Gen if I'm not mistaken.
Scum would use their abilities as well. Failing to perform actions is not alignment indicative, it just means someone is inactive.
I think you guys should remove the votes that were placed on Tobi. He fully cooperated in his claim, and his defense felt authentic. Furthermore, given that he only used one action the entire Day Phase, his inactivity feels non alignment indicative.