Black Kite? or Lesser Spotted Eagle?

Am still confused by this one ... the tail just doesn't seem like a Black Kite, more Eagle like I thought .. but a fiend of mine is convinced it is just a common Black Kite .. and I am too stubborn I guess to accept it espeialy since I have yet to see a Black Kite looking like this, in a book, on the net, or in real life .!... any opinions would be much appreciated!