I've seen this work both ways in court, a poor defence team asking all the questions the prosecution should ask, and then the prosecution asking all the questions the defence should have asked. Luckily (and as you'd expect) the judge puts this right in his summing up.Terry you know as well as I do that having 100% certainty is not how our judicial system works! That's why there are burdens of proof.
If you are looking at it from the point of view of a defence barrister.
Their brief is to introduce doubt. Every defence barrister, because they are all accomplished, will introduce some doubt.
The question for the jury would be something like 'on the balance of ALL the evidence (much of which we don't know here) is it beyond ALL REASONABLE doubt (not any doubt) that did JC abducted and murdered SJL'?
But it does have to do with the investigative mindset. The investigation is entirely different to how the case is presented in court. Barristers introduce interpretation of the guilty mind, motive and theatrical flourish, which is all aimed at encouraging the jury to recall certain golden nuggets of evidence or challenges.
On the other hand the investigation seeks pointers, which leads to evidence of different types and quality. Reasonable lines of enquiry are followed and either developed or eliminated. The evidence is followed, not theories plucked from the ether.
So the police see SJL's diary entry and it leads to a line of enquiry in Shorrolds Road and we know how that goes.
Once again you'll say 'but you weren't on the investigation'.....but indulge me for a minute.....as sure as eggs is eggs there will have been lines of enquiry to identify other places SJL may go to that day/people she may contact, e.g. Sturgis properties for sale/rent, her flat, the PoW, tennis club, gym, local shop, known friends, house-to-house enquiries in Shorrolds and Stevenage Road etc. I am sure that these would have been checked as a matter of routine on the basis that she met a 'Mr Kipper' at Shorrolds Road at 12:45 and then went onwards. This is all for elimination and to ensure that a later sighting can be added to the timeline and further the investigation.
If any of these people/places pinged the police radar I'm sure the police will have delved further until satisfied.
Once all these enquiries have been satisfied then it leaves far less room for the doubt that the defence would wish to introduce.
FWIW some would say that it's possible to be abducted by aliens. Some good evidence would be required to advance such a hypothesis beyond reasonable doubt in court though. It's possible to throw any situation into the mix....it just doesn't make it a reasonable line of enquiry though.
It's possible to advance any hypothesis. The thing is does it really stack up to more than reasonable doubt when assessing ALL the evidence?
And that my friend is one for the jury.....and they move in dark and mysterious ways.
However, it demonstrated to me that both sides obviously got the preparation wrong and just didn't understand the questions they were actually asking. Without the judge putting things right for the jury the whole thing would have gone very badly for the defendant.
I'm not bound by the same rules, if there is a doubt it should be investigated, especially when its a cold case that's very cold and not been solved.