Coles said: "If you cannot secure a prosecution in this case, with the graphic footage available, what hope is there in other cases?" Paul Mendelle QC, chair of the Criminal Bar Association, said he could understand concern over the decision.
Members of the original jury have offered advice in media interviews on how the prosecution could secure a conviction.
Addressing Lord Justice Kay, sitting with Mr Justice Wright and Mr Justice Henriques, Michael Turner QC insisted: "You are asked to consider whether certain matters were deliberately withheld so as to unfairly bolster the prosecution case and therefore secure a conviction.
At a court hearing on Thursday, Lt Col Edoram Rigler said military prosecutors were reducing the expected charge from murder to manslaughter, adding the prosecution felt confident it would secure a conviction.
But often police and prosecutors reckon they cannot get enough evidence to secure a conviction and throw in their cards.
A terrorism charge would also add to the prosecution's burden of proof in order to secure a conviction.
To secure a conviction of Andersen, prosecutions will have to show that the firm that is, some combination of its top officials acted with intent to do wrong.
Immediately, criticism was leveled at the state's attorney, Marilyn Mosby, who is black, for being unable to secure a conviction in one of the most closely watched police prosecutions in the nation – even though Mosby's insistence on pursuing prosecution pushed the Baltimore police department, currently under a Department of Justice investigation, toward necessary reforms and transparency.
This would not be necessary to secure a conviction - but in cases of this nature the court typically hears prosecution and defence evidence relating to the source of weaponry.
The Crown Prosecution Service, examining all the evidence before them at the time, decided that there was insufficient evidence initially to secure a conviction against the young men suspected of the offence.
Opinions varied as to whether prosecutors could secure a conviction.
