I'll point out that there's a difference between delivering the touch attack spell (which is certainly an attack action) and casting the touch attack spell (which just appears to be a standard action as written). That is, you cast the spell and then attack. You also havbe the option of casting the spell and not attacking immediately, so the casting of the spell by definition can't be said to be an attack action.
Still, Rich explained in the discussion thread why it went the way it did, and nothing trumps the most important rule of all: It's cool!
I'll miss Malack though. I was looking forward to seeing interaction between him and a free-willed Durkon when he set him free.