in the previous trial we saw how difficult it is to prosecute a circumstantial case. I can recall people saying prior to that trial that a conviction was almost inevitable because of the threshold in Germany to take a case to trial - but the evidence didn’t materialise but the case went to trial because they the logical chain of evidence.
For there to be photographic evidence and for it to have not led to a charge it would have to not include CB or anything connected to him in the frame - location, belongings, EXIF data must be missing or unhelpful and then it still needs to be explained away why it was in his possession.
The BARD decision is being made by a professional judge.
At this stage, we are not looking for a conviction BARD, just an arrest warrant.
We would have to accept them letting him walk free and not indict him when they have evidence that would allow a charge.
IMO, it’s just not realistic.