Deployed or not?
I'm waiting to see if the DGA lab can determine anything about the deployment state of this flap. Deployed might mean that the flight crew was in control of the aircraft at the point of ditching. On the other hand, if it was deployed earlier, it could mean that the plane was traveling slower and in a higher drag and fuel consumption configuration and that the range and calculated ditching point are incorrect.
My understanding of the flaperon operation is that deployed with flaps down is the same as full scale aileron deflection down on that wing.
Therefore if proved that the flaperon was down at the time of impact, it could equally be assumed that the aileron's on that wing were deflected full down, irrespective of flap position.