Caporegime
If it is the case I just googled (there has been a recent judgement) it is far less black and white than that - some injuries are inconclusive as to how they happened and there is general signs of neglect - which has lead to harm or the child experiencing unnecessary suffering - even if there wasn't intentional harm caused. Does look to me like there is far too many inconclusive factors in the case, on both sides, and it should be re-examined at a higher level.
These cases are always very complex and a decisive conclusion is rarely reached. Lawyers will try all sorts to wriggle out of clear cut abuse cases, often successfully, and often on dubious grounds.
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