Remote repping a ship under a gank / illegal combat is considered a Concordable offense due to the following reasons: If you use a remote repair module on a ship that is being ganked in high-security space, you will commit a criminal act, and your ship will be destroyed by CONCORD. This is because you are providing assistance to a player involved in an illegal engagement outside of specific legal frameworks (like a war declaration in which both of you are involved).
When the gankers send in an Orca or other ship, such as a freighter, to scoop the loot, the ganker’s hauler is providing assistance to the gankers involved. Just like Remote Reppers provided assistance, in an illegal engagement outside of the specific legal frameworks (like a war declaration in which both parties are involved.) the ganker hauler is providing assistance.
When the loot can from a gank is dropped, looting the can by anyone not directly involved in the gank then becomes suspect and is able to be attacked by Capsuleers, but not by Concord.
No, a friendly hauler not engaged in the gank is not allowed to remove items from a crime scene; doing so is illegal, considered tampering with evidence or obstruction of justice, and can lead to serious criminal charges, as every item could hold crucial forensic evidence, and police must secure the scene to maintain the chain of custody.
Therefore, any illegal combat that takes place in High Sec would see the loot can become a suspect level offense for any Capsuleer trying to scoop loot that was not part of the illegal combat, that includes fleet members of the ganking corporation.
Concord is already on scene due to the gank and would therefore place a hold on the loot can until their investigation of the illegal combat scene had finished.
The suspect timers for loot cans in High Sec would be:
1.0 : 5 seconds
.9 to .8 : 8 seconds
.7 to .6 : 10 seconds
.5 : 12 seconds
Once the suspect timer on the loot can has lapsed, the loot can turns blue and is accessible to everyone without being awarded a suspect timer. Nothing is holding the ganker hauler from flipping the can before the timer expires. Just like there is nothing preventing the ganker from engaging in the illegal combat to begin with.