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Bainbridge was murdered, there 'attempt' was successful so he would be prosecuted for murder, not attempted murder
John Smith Optional
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On what evidence could the police arrest MayFly man?

In Sherlock's S03E02 (The Sign of Three) Sherlock identified the cameraman as the MayFly man and also Bainbridge's murderer, But Sherlock couldn't find any murder weapon or any evidence to hold his theory.

He said the evidence is not in the camera.

Isn't that too weak evidence to arrest and prosecute a man for murder?