Table used in place of list

I came across a two column table that  lists ten text items (actually FAQs) numbered 1 through 10. Items 1 to 5 are in the first column and items 6 through 10 are in the second column. I regard this content as a an ordered list that should be represented with ol and li tags in stead of in a table. JAWS for instance reads the table items in this order: Item 1, item 6, item 2, item 7 and so on. Navigating it as a data table (with default reading options) results in first row and first column  contents  being announced as headers.
My question:  Which checkpoint(s) does this content violate? 
The explanation following checkpoint 3.6 refers to misuse of lists.  But  does not mention failure to use a list  as a violation. How about 5.3? or any other?
Refer:
3.6 Mark up lists and list items properly.
5.3 Do not use tables for layout unless the table makes sense when linearized. Otherwise, if the table does not make sense, provide an alternative equivalent
(which may be a linearized version).

Thanks,
Sailesh Panchang
Senior Accessibility Engineer 
Deque Systems,11180  Sunrise Valley Drive, 
4th Floor, Reston VA 20191
Tel: 703-225-0380 Extension 105 
E-mail: sailesh.panchang@deque.com
Fax: 703-225-0387
* Look up <http://www.deque.com> *