Unfortunately it would appear that bird has already flown unless the judges have got a point of law entirely wrong when they decided that the evidence was not up to scratch.
Their decision covers all five indictments. Just a tad presumptive prior to all the evidence being heard, but there it is.
Snip
No longer an urgent suspicion of a crime
CB.'s defence had previously applied for the arrest warrant to be lifted because, in their view, the arrest warrant could no longer be valid after the course of the evidence so far.
In fact, the criminal chamber followed this request at the beginning of the month because it saw no urgent suspicion of all the accusations.
Prosecutors speak of "serious concern"
The public prosecutor's office justified the necessary replacement from its point of view with the fear that the current criminal chamber had already formed its opinion on the question of crime and guilt, although the taking of evidence had not been completed.
The prosecution spoke of a "serious concern" that the chamber had already committed itself to an "acquittal of evidence" and that the pending evidence could no longer have any significance for the judges' assessment.
With this view, the public prosecutor's office obviously did not convince the deputy judges in Braunschweig.
This decision was to be expected because it corresponds to the established case law of the Federal Court of Justice, said defence attorney FF.
The decision has been noted, there is nothing more to say, the public prosecutor's office said.
Nach der Aufhebung des Haftbefehls gegen den auch im Fall Maddie Verdächtigen wollten die Strafverfolger die Richter schnell austauschen. Die zuständige Vertretungskammer sieht das aber anders.
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