Yes I can duplicate that also. Another thing is that if you have it unchecked and turn voiceover off the next time you turn it on you'll have it checked again. I've also found a possibly related bug that sometimes the trackpad commander just randomly stops working. I usually notice this after sleep or reboot. But when I go into voieover utility and toggle off the trackpad commander the trackpad behaves normally so I have no idea what is going on with that but I think it may be related to the AppleScript checkbox.
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