Marantz4250b
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I don't think that that sort of evidence would be applicable in a British Court, to be honest. I cannot see any British judge advising a Jury that as long as the prosecution has proved, say, five cases to the relevant standard, then they can convict on the remainder on the balance of probabilities. The point you make is relevant though; if they feel that they can now not prove one the the cases to the relevant standard what does it tell us about the others? The "logical" assumption that most people would make is that whatever they are alleging she has done is largely similar in all of the cases. The fact that they have not proceeded in one of the cases might suggest that they are alleging she has done different things in different cases? That would be extremely strange and unusual - all of the medical murder cases I can think of have featured similar methods so if they are saying that then it would make her case even more bizarre than it already is!I was reminded of the Lucia de Berk case, where the prosecution and the court made use of the so called chain-link evidence:
Lucia de Berk - Wikipedia
Chain-link proof
Of the seven murders and three attempted murders finally attributed to de Berk by the court, the court considered two of them to be proven by medical evidence. According to the court, de Berk had poisoned these two patients. The court then applied a so-called chaining-evidence argument. This means that if the several attempted or actual murders have already been established beyond reasonable doubt, then much weaker evidence than normal is sufficient to establish that a subsequent eight "suspicious incidents" are murders or attempted murders carried out by the same defendant.
BBM
Since we don't know the details of the charges, it is hard to say how 'evidence that isn't evidence at all' would play out in this case, but if the prosecutor is relying on chain-link proof, then omitting one case from the list is interesting to say the least.
It's also surprising that it's one of the murder cases they are not proceeding on. I'd have been far less surprised were it one of the attempted murder charges as they are usually much harder to prove. I wonder whether it's the one where she is charged with attempted murder as an alternative if they don't want to convict on the murder charge? That always sounded very strange to me.