Germany/Portugal - Christian Brueckner, 27 @ time of 1st crime (2004), charged with sexual assault crimes, Praia de Rocha, Portugal. #4

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“We will examine the reasons for the decision and then decide how to proceed," public prosecutor Hans Christian Wolters told BILD.”
The dailymail also reported about an appeal
The Daily Mail are not going to know about an appeal when HCW himself doesnt seem to know at this point.
 
The prosecution will appeal
It seems clear the prosecution are flogging a dead horse.

The only reasonable thing for them to do now is to issue a public apology for misleading the world about the MM case.

It’s very obvious they have it wrong. Time to wipe the egg off their face and start tucking in to some humble pie.
 
It seems clear the prosecution are flogging a dead horse.

The only reasonable thing for them to do now is to issue a public apology for misleading the world about the MM case.

It’s very obvious they have it wrong. Time to wipe the egg off their face and start tucking in to some humble pie.
I can't see where it says they will appeal. It says ""We will examine the reasons for the decision and then decide how we will proceed," public prosecutor Hans Christian Wolters announced to BILD."
 
Even the case where he was detained at the scene wasn't strong enough?
Snip
She said: “Two kids came running over and said there was a man with his trousers down. The dads rushed straight over. He got up and started doing his flies up.

"They were really angry and grabbed him and started pushing him around. It took all my powers of persuasion and strength to hold them off him. They wanted to kill him. I told him I was a policewoman and asked his name. He told me ‘Christian’ and said he was visiting friends. He looked drunk.

“I asked him what he was doing with his trousers down. He said he ‘needed to go for a pee pee’.”

The officer asked CB for his driving licence then phoned the local police station, giving them his full name.

“They told me there was a warrant for his arrest and they bundled him in the car and took him off to be held in the cells overnight.”

CB was later deported to Germany to face questioning for other crimes, for which he is still jailed.

There can be very few cases where the chain of evidence against a suspect is as unbroken as this one is.
  • arrested at the scene of the crime by a serving police officer
  • conveyed from Portugal to Germany on the strength of an European Arrest Warrant
I wonder why the Braunschweig court thinks the evidence against CB regarding this crime has no merit.
 
if I am not wrong, CB said he was somewhat drunk and urinating.
Snip
“I asked him what he was doing with his trousers down.
...
He got up and started doing his flies up.

Whether inebriated on alcohol or drugs he was not so 'out of it' not to realise the expediency of covering his nakedness when confronted with angry fathers who wanted to do him harm.
 
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Wasn't the trial originally scheduled to have been concluded by the end of June 2024? I think there is only a certain amount of time in Germany that a suspect can be detained under an arrest warrant. FF and his team have been responsible for some delays since the warrant was issued (appealing jurisdiction, introduction of new witnesses) so I believe prosecution will have grounds to appeal the revocation of the arrest warrant.
Makes sense and explains all the procedures used to delay this trial.
 
I would think almost certainly if he gets the opportunity, but his notoriety might inhibit that .
He's a marked man and will be pulled in for questioning whenever anything happens in his area - one of the usual suspects.
If not immediately charged with other offences and kept in custody until the trial date he will vanish from the face of the earth one way or another.
My opinion

But we haven't reached that stage as yet. Strangely it all seems to appear to be a bit of a 'cart before the horses' scenario, since the verdict isn't due until October.
 
if the prosecution have a right to appeal they will. Last time they won
What can they appeal though, if the reports are accurate that the ruling says there is not enough suspicion of a crime after hearing the prosecution case the only thing they can do surely is to present more evidence, in which case present it at the start.
 
The only reasonable thing for them to do now is to issue a public apology for misleading the world about the MM case.

It's possible that's actually their "strong" case, if all of the evidence they have ends up admissible. IMO. That is my interpretation of all that has been reported.
 
It seems clear the prosecution are flogging a dead horse.

The only reasonable thing for them to do now is to issue a public apology for misleading the world about the MM case.

It’s very obvious they have it wrong. Time to wipe the egg off their face and start tucking in to some humble pie.

Why on earth would they do that?

The five cases which are the subject of the present trial are each stand alone indictments independent of each other and independent of any other.
These five are the only charges presently made against CB in Germany who is presently an arguido in Portugal regarding the MM case.

I see no egg on anyone's face in relation to law enforcement doing their job of combatting serious crime against women and children and the burden of proof required to do so.
 
As I understand there is a witness who hasn't been heard yet. A profiler who will give evidence on the similarities of the rape of DM and HB. Whether this will make a difference remains to be seen.
The profiler and the ophthalmic person can only offer (expert) opinions. They did not actually witness anything.
Perhaps they submitted their opinions in writing.
 
It's possible that's actually their "strong" case, if all of the evidence they have ends up admissible. IMO. That is my interpretation of all that has been reported.

If it was their strong case, why waste time on these 'lesser' charges? I see over confidence and under preparation here, the prosecution assuming this trial would be, if not a walk in the park, at least deliver them some further jail time breathing space. They can appeal of course but what can they possibly have in appeal terms that they failed to use in the trial? The idea that they still have critical cards to play seems unlikely, to say the least.

It's a grim and highly embarrassing result and it's entirely down to the prosecution's failure to put together a decent, credible case against CB.
 
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Having the option to appeal is not the same as having grounds for appeal.

The case against CB is scheduled for conclusion in October subject to the due process of charges laid strong enough to merit a trial date and convoluted objection and delay by the defence.

Is the case concluded?

Now the same evidence which was deemed strong enough to take these five cases to court has apparently not met the standard once witness evidence has been heard in court.

In other words the eye witness testimony given during these trials has not met the required burden of proof to support the indictments.

One presumes that the learned judge will give details regarding the process and conclusions reached; one wonders if such a summing up might not be the precursor to instituting an appeal process.
 

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