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Online seit:
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Fri Sep 4 00:28:19 1998
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2a KLs (29/96)
06.01.97
In the trial
against
Safwan Eid
the defence would like, in accordance with § 257 StPO, to present the following statement in respect to the viewing, on 02.01.97, of the video made by the Bezirkskriminalinspektion (Kommisariat 6):
1. The video shows that the investigation in the ruins of the house were only very selective, namely within the entrance hall of the flat on the first floor on the Hafenstraße side of the building. But even so, it is not clear from these images of the work in this area what evidence there could be for postulating that petrol was poured into the hallway on a level with the WC and from there flowed uphill to the stairs 10m away. According to the recording, the sheet of plywood onto which it is claimed a flammable liquid was poured (this sheet of plywood was later thrown away by the expert Dr. Herdejürgen who deemed it insignificant) was stained brown on the underside, i.e. the side which was on the inside of the wooden frame construction. It can be seen in the video that the upper side of the plywood sheet is in a similar condition to the rest of the fire-damaged floor covering. Before the floor was torn up all that was visible was a relatively small change in the floor covering whose origin and appearance could not be explained.
2. It can be seen in the video of the fire brigade extinguishing the fire that they could not reach the flames in the interior of the house, i.e. in the hallways, by spraying water through the windows. These flames were eventually extinguished using a construction to produce a water jet from above and by spraying large quantities of water into the middle of the house.
3. The images from 30.04.96 still show a large number of pieces of broken glass on the inside window-sill of the small window in the wooden extension. Up until this date (and afterwards too) these shards were not viewed as important, although the condition of shards of glass can assist in determining whether a window was destroyed before or during a fire and whether the destruction resulted from the glass being smashed, from the effects of heat, or from an explosion. On 04.12.96, when the remains of the house were visited, all of these shards had gone.
4. The condition of the corpses shown in the video provides further information for the course of the fire. It is clear that the corpse of Sylvio Amoussou, found in the entrance area, was the most visibly charred corpse. Furthermore, the two corpses of Francoise Makodila and the three year old Jean-Daniel Makodila, found on the second floor in the corner room Konstinstraße/ back-yard (4.2.1.1.), exhibit more serious burns and charring than the four corpses found in the corner room back-yard/ Fa. Brüggen (4.2.1.3.). Rabia El Omari's corpse was practically untouched by the fire, he was fully clothed and somewhat sooty.
From the condition of Sylvio Amoussou's corpse it can be inferred that he was exposed to the most intense part of the fire. This is, however, irreconcilable with the prosecution's assumption of a brief fire in the extension which occurred in the final phase of the fire and was caused by falling pieces of the staircase. The condition of Francoise Makodila's corpse (she was probably the first to notify the emergency services) and that of her young son Jean-Daniel indicate that the fire reached the Makodila's flat very early on. Furthermore, the investigation does not offer any evidence to indicate that the fire penetrated the separating wall between the right-hand flat in the second floor (the El Omari's flat), which supposedly "burnt out" very early on, and the neighbouring Makodila's flat. It is only possible that in an early phase the fire penetrated the Makodila's flat from the stairs.
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