Yes there is, but we’re not accused of trespass. The accusation is of spying on the opponent within 72 hours before the match. Whether this is from a roadside or up a tree doesn’t change that.
You’re right that had we been on their ground the allegations would be more serious, but that doesn’t detract from what we’re currently accused of.
Of course we don’t know the facts about recording it etc, I suspect the view of his/our actions might be seen differently if just stood there watching (rather than recording, or transmitting it. IF he did).