Germany/Portugal - Christian Brueckner, 27 @ time of 1st crime (2004), charged with sexual assault crimes, Praia de Rocha, Portugal. #3

[Davieson]

Wasn’t there an expert expected?
« As the third additional witness, Brückner's defender Dr. Dennis Bock (45) requested to invite an expert. She has considerable doubts about a BKA report that assigns a hair to the accused that was found at the scene of the rape in Praia da Luz in 2004. For this act, Brückner was sentenced to seven years in prison in 2019, which he is currently serving in the JVA Sehnde. »

Christian Brückner: Verwanzte das BKA die Zelle des Maddie-Verdächtigen?

Die Verteidiger von Christian Brückner (47) werfen der Staatsanwaltschaft vor, nicht über brisante Maßnahmen informiert worden zu sein.

www.bild.de

Its difficult to dispute DNA evidence in that the science is proven to be reliable.
The only area that can be disputed is whether the hair in question was collected at the scene of the crime.
If the hair was tested at the time by the Portuguese and later matched to CB then there would be little wriggle room.
If the hair was only tested later by the Germans when they already had CB in prison, then chain of custody between Portugal and Germany could perhaps be disputed.

 

[Denis R Tandib]

Its difficult to dispute DNA evidence in that the science is proven to be reliable.
The only area that can be disputed is whether the hair in question was collected at the scene of the crime.
If the hair was tested at the time by the Portuguese and later matched to CB then there would be little wriggle room.
If the hair was only tested later by the Germans when they already had CB in prison, then chain of custody between Portugal and Germany could perhaps be disputed.

It’s a good point. In 2004, there was no DNA database in Portugal. Therefore, would they have only extracted the profile if they had had a suspect to match it to?

 

[RichardKimble]

Its difficult to dispute DNA evidence in that the science is proven to be reliable.
The only area that can be disputed is whether the hair in question was collected at the scene of the crime.
If the hair was tested at the time by the Portuguese and later matched to CB then there would be little wriggle room.
If the hair was only tested later by the Germans when they already had CB in prison, then chain of custody between Portugal and Germany could perhaps be disputed.

It’s a good point. In 2004, there was no DNA database in Portugal. Therefore, would they have only extracted the profile if they had had a suspect to match it to?

Good points but we don't know how the German court system works but it's hard to see how that impacts the current trial which as nothing to with it.

 

[Davieson]

Good points but we don't know how the German court system works but it's hard to see how that impacts the current trial which as nothing to with it.

I can only assume that if it could have been established that the DM rape conviction was unsafe and that he was not guilty of that rape, then the MO worked up to underpin the current rape charge would be undermined.

 

[RichardKimble]

I can only assume that if it could have been established that the DM rape conviction was unsafe and that he was not guilty of that rape, then the MO worked up to underpin the current rape charge would be undermined.

There's so much in the court going on that we don't hear about its basically guessing, imo.

 

[Mex]

I can only assume that if it could have been established that the DM rape conviction was unsafe and that he was not guilty of that rape, then the MO worked up to underpin the current rape charge would be undermined.

That supposition suggests enormously spectacular incompetence on the part of the German authorities for accepting flawed and unconfirmed evidence in a trial for aggravated rape. Not to mention that for the defence of 2019 and today's defence in the five charges incompetently allowed a broken chain of evidence to be accepted without challenge in court.
I think not! It rather suggests that the evidence is that the Portuguese chain of evidence in the DM 2019 trial was ratified at the time.
My opinion

 

[Davieson]

That supposition suggests enormously spectacular incompetence on the part of the German authorities for accepting flawed and unconfirmed evidence in a trial for aggravated rape. Not to mention that for the defence of 2019 and today's defence in the five charges incompetently allowed a broken chain of evidence to be accepted without challenge in court.
I think not! It rather suggests that the evidence is that the Portuguese chain of evidence in the DM 2019 trial was ratified at the time.
My opinion

It probably does. That doesn't stop the defence attempting to discredit it.

 

[Mex]

It probably does. That doesn't stop the defence attempting to discredit it.

Sorry, I seem to have missed the defence attempt to discredit the forensic evidence which is why I mentioned the likelihood it had been resolved at the time of the DM trial. As far as I am aware the defence have been concentrating on discrediting the witness account of the video tapes.
There was some media speculation regarding wire tapping being challenged and some suggestion of a challenge to the DNA evidence but neither has transpired yet as far as I am aware.

 

[RichardKimble]

Behind the paywall , any one give a summary?

Christian B.: Göttinger Richter lehnen Wiederaufnahme ab

2019 wurde er vom Landgericht Braunschweig wegen Vergewaltigung zu 7 Jahren Haft verurteilt. Das Urteil will er anfechten. Im laufenden Prozess sagt ein „Maddie-“Ermittler aus und säht Zweifel am Kronzeugen Helge B..

www.braunschweiger-zeitung.de

Christian B.: Göttingen judges decide on reopening.
Braunschweig. He wants to challenge his Braunschweig rape conviction from 2019. A “Maddie” investigator is testifying in the ongoing trial.

The headline is different now, the judges refuse to resume ?

Christian B .: Göttingen judges refuse to resume​

Christian B.: Göttinger Richter lehnen Wiederaufnahme ab

2019 wurde er vom Landgericht Braunschweig wegen Vergewaltigung zu 7 Jahren Haft verurteilt. Das Urteil will er anfechten. Im laufenden Prozess sagt ein „Maddie-“Ermittler aus und säht Zweifel am Kronzeugen Helge B..

www.braunschweiger-zeitung.de

 

[Mex]

The headline is different now, the judges refuse to resume ?

Christian B .: Göttingen judges refuse to resume​

Christian B.: Göttinger Richter lehnen Wiederaufnahme ab

2019 wurde er vom Landgericht Braunschweig wegen Vergewaltigung zu 7 Jahren Haft verurteilt. Das Urteil will er anfechten. Im laufenden Prozess sagt ein „Maddie-“Ermittler aus und säht Zweifel am Kronzeugen Helge B..

www.braunschweiger-zeitung.de

I think the headline has been truncated. I think the referral is to the judges' refusal to stage a retrial of his 2019 rape trial. I don't think they could unilaterally do that anyway.

Göttingen judges reject retrial​

Braunschweig. He wants to appeal his Braunschweig rape verdict from 2019.

Christian B.: Göttinger Richter lehnen Wiederaufnahme ab

2019 wurde er vom Landgericht Braunschweig wegen Vergewaltigung zu 7 Jahren Haft verurteilt. Das Urteil will er anfechten. Im laufenden Prozess sagt ein „Maddie-“Ermittler aus und säht Zweifel am Kronzeugen Helge B..

www.braunschweiger-zeitung.de

 

[RichardKimble]

Paywalled, something afoot?​

​

Christian B. - das geschieht rund um den Braunschweiger Prozess

Gegen eine Schöffin wird ermittelt. Wurde ein Zeuge ausgepäht? Britischen Medien sind elektrisiert, Pozessbeteilige angespannt, der Angeklagte ist unsichtbar. Mitte Mai beginnt der entscheidende Teil der Beweisaufnahme.

www.braunschweiger-zeitung.de

Christian B. in the regional court - this is what happens around the trial
Braunschweig. A female lay judge is being investigated. Was a witness spied on? The crucial part of the taking of evidence begins in mid-May.

 

[Davieson]

Paywalled, something afoot?​

​

Christian B. - das geschieht rund um den Braunschweiger Prozess

Gegen eine Schöffin wird ermittelt. Wurde ein Zeuge ausgepäht? Britischen Medien sind elektrisiert, Pozessbeteilige angespannt, der Angeklagte ist unsichtbar. Mitte Mai beginnt der entscheidende Teil der Beweisaufnahme.

www.braunschweiger-zeitung.de

Christian B. in the regional court - this is what happens around the trial
Braunschweig. A female lay judge is being investigated. Was a witness spied on? The crucial part of the taking of evidence begins in mid-May.

Is this the lay judge who was rejected at the start of the trial or another one?
The spying bit is presumably the alleged bugging of CB's cell.

 

[RichardKimble]

Is this the lay judge who was rejected at the start of the trial or another one?
The spying bit is presumably the alleged bugging of CB's cell.

Could well be, could be a summary so far ,is the paper in question on par with the sun? with paywall articles maybe not ,or is It how the press operate in Germany.

 

[Mex]

Is this the lay judge who was rejected at the start of the trial or another one?
The spying bit is presumably the alleged bugging of CB's cell.

From behind the paywall the story is that FF applied in the Gottingen Regional Court to lodge an appeal against the 2019 rape trial judgement which found CB guilty of aggravated rape.
The request was denied on the grounds of inadmissibility. (New facts or new evidence required)
The deadline for lodging an appeal against that decision has not yet expired.

 

[Denis R Tandib]

I think the headline has been truncated. I think the referral is to the judges' refusal to stage a retrial of his 2019 rape trial. I don't think they could unilaterally do that anyway.

Göttingen judges reject retrial​

Braunschweig. He wants to appeal his Braunschweig rape verdict from 2019.

Christian B.: Göttinger Richter lehnen Wiederaufnahme ab

2019 wurde er vom Landgericht Braunschweig wegen Vergewaltigung zu 7 Jahren Haft verurteilt. Das Urteil will er anfechten. Im laufenden Prozess sagt ein „Maddie-“Ermittler aus und säht Zweifel am Kronzeugen Helge B..

www.braunschweiger-zeitung.de

Two important things from this article: the decision on reopening the 2019 rape trial has not been made - FF explained the evidence was shaky and Mark Draycott had a conflicting view to HeB about the date stamp on the videos - HeB says 2005, Draycott says this was not part of his 2017 statement.

 

[Davieson]

If the evidence could be shaky, which I agree with, why was an appeal not lodged about this years ago ?

 

[mrjitty]

If the evidence could be shaky, which I agree with, why was an appeal not lodged about this years ago ?

CB was convicted on this charge and exhausted all his avenues to appeal long ago IIRC.

I have no idea about german law, but usually to reopen a conviction something new and explosive would have to be discovered. IMO he is not going to be able to reopen it based on some supposed inconsistencies with the witnesses in another trial years later - especially given the forensics which were central to his conviction.

IMO

 

[Denis R Tandib]

CB was convicted on this charge and exhausted all his avenues to appeal long ago IIRC.

I have no idea about german law, but usually to reopen a conviction something new and explosive would have to be discovered. IMO he is not going to be able to reopen it based on some supposed inconsistencies with the witnesses in another trial years later - especially given the forensics which were central to his conviction.

IMO

The request to reopen is based on the RNA evidence. Previously it’s been reported that the hair was found in DM’s bed. This latest article states it was her couch.

In relation to the appeal to EHR, that appeal was based purely on the process, in that CB was extradited on drugs charges (from Italy) but was then charged for rape. That appeal did fail, I am not sure if there is an option to request the case to be reopened for a different reason but as FF is trying, there must be a possibility even if a remote one.

 

[mrjitty]

The request to reopen is based on the RNA evidence. Previously it’s been reported that the hair was found in DM’s bed. This latest article states it was her couch.

Do you have the link to that?

In relation to the appeal to EHR, that appeal was based purely on the process, in that CB was extradited on drugs charges (from Italy) but was then charged for rape. That appeal did fail, I am not sure if there is an option to request the case to be reopened for a different reason but as FF is trying, there must be a possibility even if a remote one.

EHR doesn't serve as a final appeal of the german courts. As you said above, to reopen the conviction on the facts you generally require some new evidence IMO. This does sometimes happen.

IMO

 

[Mex]

Two important things from this article: the decision on reopening the 2019 rape trial has not been made - FF explained the evidence was shaky and Mark Draycott had a conflicting view to HeB about the date stamp on the videos - HeB says 2005, Draycott says this was not part of his 2017 statement.

Operation Grange was tasked specifically with the disappearance of MM. That was the purpose of OG investigators travelling to Greece to interview the witness there who had contacted them with relevant information.

Snip
Scotland Yard is looking for the secret of British toddler MM in Athens after a witness contacted the team Grange. A Greek newspaper revealed that a German citizen living in Athens contacted “Team Grange” claiming he had information about the case as he was in nearby area when 3-year-old Madeleine disappeared from a hotel in Algarve Portugal in 2007.
...

The meeting between the British detectives and the German took place in Athens a couple of days ago, the man reportedly gave critical information about the girl’s fate. He has been described as “important and trustworthy witness.”
...

He claimed that he had contacted the local police back then but there was no further investigation.

“Now there is keen interest from Scotland Yard for the information I have, however I am not allowed to say anything to anyone else.” the man said adding that his cooperation with British police will continue in the coming days.

Scotland Yard is looking for Madeleine’s secret in Athens - Keep Talking Greece

Scotland Yard is looking for the secret of British toddler Madeleine McCann in Athens after a witnes

www.keeptalkinggreece.com

The OG witness who was called by the defence actually had no locus at CB's five sexual abuse hearings. Just as at the time there was no locus in evidence which did not pertain to MM. The investigative partners, German and Portuguese had the lead with the information which was applicable to the German suspect whose name was not in the public domain. Which is why they dealt with that side of things.

The article is what it is - a media report which should be taken as such. The OG witness is and always was an irrelevance to any of the five indictments. The defence interest lay in what could be gleaned from the active MM investigation. That was always going to be a non starter therefore just more time wasting and expense on behalf of CB's defence as is the retrial attempt.
My opinion