Why didn't pilot mention that data system was not working?

NY Times:

Pilot Spoke to Air Controllers After Shutdown of Data System

Malaysia’s defense minister said the captain of the missing Malaysia Airlines plane radioed to air traffic control without indicating trouble shortly after a data signaling system was cut off.
This maybe why the focus of the investigation has been turned toward the pilot.  It certainly suggest he was at a minimum unconcerned about the loss of data system.  It is dismaying that Malaysia did not make this known a week ago when people were looking in the wrong place for the plane.  That is why you are now seeing stories like this:
 Series of Errors by Malaysia Mounts
Their dribbling out of information has allowed the trial to grow colder.

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