Playing a cash match the other day (bca rules, cueball fouls only) this shot came up. I played safe, and managed to get the cueball within 1mm of dead frozen between 3 balls:
Incoming player gently touched the cueball with his tip to foul intentionally. I then asked him to act as referee and remove the cueball for me, as it would be impossible for me to remove without fouling. He declined, saying it was not his responsibility.
How to proceed? We eventually just decided on a stalemate and re-rack, but that felt wrong.