One should look for proof that PF was causing the climb to 38. Not the aircraft.
Are the FDR recorded nose-up inputs by the P/F's stick in doubt?
...FDR at 2h 10min 51 "the P/F continued to make nose-up inputs." What difference would it make if he was
commanding the climb or
trimming into it ....when he should have been commanding nose-down and if trimming at all, then nose-down.
Tell us: With A/P switched off, could the A330-200 climb and trim itself into a 3000' climb without manual inputs?