They were down in the trenches for a reason. So what was the reason for him to raise his hand above the trench in such a way that it would have been shot - and how would they have spotted it at night? The other guy was shot in the head during the day in full visibility.
Look at the episode. At night there was all kind of faint light showing, enough for a silhouette anywhere near the front lines. Most men kept their heads and bodies down. Stretcher bearers actually had to get up and go into no man's land to bring in wounded men. All he had to say was that he thought he heard someone, and started to get up to look.
To be able to shoot across to the British side, a German soldier himself would have had to risk leaving his own trench and revealing his own position. What would be the point if you're just firing randomly in the dark? So obviously something (the lighter) attracted a sniper to Thomas' hand.
It wasn't flat land. The German trenches were usually in higher ground; they'd sometimes retreat to make that so. And snipers from both sides went out into no man's land and made hides to snipe from.
It would have raised suspicions. Especially being that he already asked to be transferred back home, although it's doubtful Matthew would have ratted him out.
Contrary to some of the garbage being shown these centennial years, positive evidence was needed for a court-martial and a conviction. Men weren't charged because the doctor could smell SIW's (The Crimson Field). There was no one to see him do it; it may have been suspicious, but no more than that. Add to that the fact that he'd done a long spell at the front. If he'd done his duty, and finally broken, they might give him the benefit of the doubt.
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