Hard to link his whistling to this incident if there is no admission. He can say that he is whistling at other matters separate from this issue. No one can prove true or false regardless he admits or denies.
Let's also not forget the person holding the video cam. Dun know which side he/she is on and what's his/her agenda.
From what I can tell, there is no innocent party here. Jus a matter of whose words and actions are recorded as evidence or not. Let's leave it to the police to do their jobs. Unless we are witnesses, else whatever discussed here are speculations only.