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Size does matter in this case, rules judge

A judge has ordered a deliveryman's manhood to be measured after he claimed in court that it was too small for him to be guilty of exhibitionism.

Size does matter in this case, rules judge
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Herbert O, 54, was accused by a teenaged girl of delivering more than just the package her family had ordered when he approached their house in August 2013.

The girl and her mother went to police the same evening to report the offending member protruding from his open pants zipper.

But Herbert has contested the allegations, saying that he is insufficiently endowed to trouble public order. He even called on his wife to take the stand and testify to his lack of inches.

“I'm sorry, darling, but your penis is too short to hang out of your trousers,” she told the local court in the town of Leer in East Frisia (Lower Saxony).

Confronted with this conflicting evidence, defence lawyer Lutz Winkler suggested that judge Ulrike Andrees check its believability herself.

“That was too uncomfortable for the judge” to do in court, he said.

Instead, Andrees has asked the coroners' office in Oldenburg to make an exact measurement of Herbert's hardware, giving her a yardstick for her final decision.

"If the wife has spoken out so frankly about this, I have to follow it up," she said.

Winkler has demonstrated an iron resolve to achieve “exoneration” for his client Herbert, having already refused to settle the charge in exchange for a fine.

They may yet have months to wait to see if the expert medical opinion stands up in court.

“We've never seen anything like this before,” said court manager Norbert Bruns.

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FLOODS

German prosecutors drop investigation into ‘unforeseeable’ flood disaster

More than two and a half years after the deadly flood disaster in the Ahr Valley, western Germany, prosecutors have dropped an investigation into alleged negligence by the local district administrator.

German prosecutors drop investigation into 'unforeseeable' flood disaster

The public prosecutor’s office in Koblenz has closed the investigation into the deadly flood disaster in the Ahr valley that occurred in the summer of 2021.

A sufficient suspicion against the former Ahr district administrator Jürgen Pföhler (CDU) and an employee from the crisis team has not arisen, announced the head of the public prosecutor’s office in Koblenz, Mario Mannweiler, on Thursday.

Following the flood disaster in the Ahr region in Rhineland-Palatinate – in which 136 people died in Germany and thousands of homes were destroyed – there were accusations that the district of Ahrweiler, with Pföhler at the helm, had acted too late in sending flood warnings.

An investigation on suspicion of negligent homicide in 135 cases began in August of 2021. Pföhler had always denied the allegations.

READ ALSO: UPDATE – German prosecutors consider manslaughter probe into deadly floods

The public prosecutor’s office came to the conclusion that it was an extraordinary natural disaster: “The 2021 flood far exceeded anything people had experienced before and was subjectively unimaginable for residents, those affected, emergency services and those responsible for operations alike,” the authority said.

Civil protections in the district of Ahrweiler, including its disaster warning system, were found to be insufficient.

READ ALSO: Germany knew its disaster warning system wasn’t good enough – why wasn’t it improved?

But from the point of view of the public prosecutor’s office, these “quite considerable deficiencies”, which were identified by an expert, did not constitute criminal liability.

Why did the case take so long?

The investigations had dragged on partly because they were marked by considerable challenges, said the head of the Rhineland-Palatinate State Criminal Police Office, Mario Germano. “Namely, to conduct investigations in an area marked by the natural disaster and partially destroyed. Some of the people we had to interrogate were severely traumatised.”

More than 300 witnesses were heard including firefighters, city workers and those affected by the flood. More than 20 terabytes of digital data had been secured and evaluated, and more than 300 gigabytes were deemed relevant to the proceedings.

Pföhler, who stopped working as the district administrator in August 2021 due to illness, stepped down from the role in October 2021 citing an incapacity for duty. 

The conclusion of the investigation had been postponed several times, in part because the public prosecutor’s office wanted to wait for the outcome of the investigative committee in the Rhineland-Palatinate state parliament.

READ ALSO: Volunteer army rebuilds Germany’s flood-stricken towns

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