what can cause this problem in functions.php

[Punktured]

hmm, one theory could be.....

when comments are disabled,
they arent actually disabled,
but instead, the comment form is just hidden from the browser...
which, if this is the case, a "comment bot" could theoretically still add comments....

not a wise way to set up comment disabling, but dont quote me, i am not sure if that is how it is set up....

i shall have a deeper look when i get the time, to see exactly how the comment disabling is setup and get back to you...