Germany/Portugal - Christian Brueckner, 27 @ time of 1st crime (2004), charged with sexual assault crimes, Praia de Rocha, Portugal. #2

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Does anybody know how evidence is disclosed in German trials?

RSBM - One aspect i'd be interested to learn about.

In the adversarial system, the prosecution basically presents a case, then the defence has their turn, so the jury can hear all the evidence in the case. Evidence is admitted as exhibits or testimony. The judge withholds inadmissible evidence.

In the german system the judges run the trial, and already have all the written evidence and pleadings i guess - so mostly they just need to hear from witnesses.
 
RSBM - One aspect i'd be interested to learn about.

In the adversarial system, the prosecution basically presents a case, then the defence has their turn, so the jury can hear all the evidence in the case. Evidence is admitted as exhibits or testimony. The judge withholds inadmissible evidence.

In the german system the judges run the trial, and already have all the written evidence and pleadings i guess - so mostly they just need to hear from witnesses.
One thing I'm interested in is this, I've seen it referenced a couple of times in relation to British cases where a suspect arrested on a EAW is that they can't be questioned prior to any trial, CB was arrested and extradited on a seperate case so is this the case?

Summing up in the Ashley Dale trial.

Justice Goose: “Ian Fitzgibbon was arrested in Spain and extradited. Because of that the police had no power to require him to take part in an interview, as such he was never interviewed.”
 
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RSBM - One aspect i'd be interested to learn about.

In the adversarial system, the prosecution basically presents a case, then the defence has their turn, so the jury can hear all the evidence in the case. Evidence is admitted as exhibits or testimony. The judge withholds inadmissible evidence.

In the german system the judges run the trial, and already have all the written evidence and pleadings i guess - so mostly they just need to hear from witnesses.
The judge also has a lot of say in the punishment- it’s a very strange yet effective court system
 
CB is going to have 4 (!!!) solicitors in the upcoming trial.

Four!!!

Not bad, for a lonely homeless drifter! Seems like, as if there is much interest inside of the league of extraordinary solicitors for him and his near future.

I mean, he's not a kind of celebrity, CEO of a bigger company or boss of a syndicate, as far as i know...

This is a very expensive team. VERY expensive!!!!

Ihmo almost more interesting, than the upcoming trial itself! ;)

 
Perhaps different lawyers for different cases, as opposed to all 4 working together on all the cases.
Will be interesting to see just what their roles will be.
 
Perhaps different lawyers for different cases, as opposed to all 4 working together on all the cases.
Will be interesting to see just what their roles will be.
Seems a formidable team.
 
CB is going to have 4 (!!!) solicitors in the upcoming trial.

Four!!!

Not bad, for a lonely homeless drifter! Seems like, as if there is much interest inside of the league of extraordinary solicitors for him and his near future.

I mean, he's not a kind of celebrity, CEO of a bigger company or boss of a syndicate, as far as i know...

This is a very expensive team. VERY expensive!!!!

Ihmo almost more interesting, than the upcoming trial itself! ;)

IMO fighting that many cases with a heavy evidence file & dozens of witnesses is far too much for 1 lawyer. I think a team of 4 at least gives CB the opportunity of legal representation. How they’re affording it is another matter. IMO with so many eyes on this case, 99.999% of people would never even fathom supporting CB financially. That 0.001% certainly exists & perhaps that’s where the money is coming from. It will be interesting to see how they argue against the evidence (the Prosecution have) that only the perpetrator would have known. Perhaps it’ll be a turbo technicality trial & that’s their game plan.
 
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It's completely normal for a defendant to get a high quality lawyer or two.

In the UK defendants routinely have top KCs paid for via legal aid. Its a foundation of the legal system. I suspect the charges are just broken up. FF is representing him on the MM case. He might have a new lawyer or two on the HB case.

We don't a conspiracy that mysterious people are paying for this. It makes no sense.
 
It's completely normal for a defendant to get a high quality lawyer or two.

In the UK defendants routinely have top KCs paid for via legal aid. Its a foundation of the legal system. I suspect the charges are just broken up. FF is representing him on the MM case. He might have a new lawyer or two on the HB case.

We don't a conspiracy that mysterious people are paying for this. It makes no sense.
If the evidence is so strong as some suggest then it's what will convict, if it's not then a good legal team such as that is representing CB seems to be ,then seeds of doubt will be sown.Every defendant is entitled to whatever defence can be mustered ,the questioning of his legal team seems strange,even before the case has opened.
 
It's completely normal for a defendant to get a high quality lawyer or two.

In the UK defendants routinely have top KCs paid for via legal aid. Its a foundation of the legal system. I suspect the charges are just broken up. FF is representing him on the MM case. He might have a new lawyer or two on the HB case.

We don't a conspiracy that mysterious people are paying for this. It makes no sense.
The question of funding came up when Jon Clarke interviewed HCW. Jon wrote about it in his book. HCW told Jon about how (in part) FF was being funded, but HCW asked Jon not to write about it.

If this is the case I am sure at some point the public will have more info. If it’s come from where I suspect it may have, then it’ll add to the inevitable negative scrutiny attached to some elements of the MM case as a whole. Jmo
 
If the evidence is so strong as some suggest then it's what will convict, if it's not then a good legal team such as that is representing CB seems to be ,then seeds of doubt will be sown.Every defendant is entitled to whatever defence can be mustered ,the questioning of his legal team seems strange,even before the case has opened.
I agree. What FF was facing is far too much for him alone. In order for CB to have an adequate defence, more lawyers were required. FF, thus far, has not done too well against the prosecution. Which is why he’ll need more of a team around him. If ‘das buch’ corroborates the crimes it’ll be incredibly unlikely they’ll win the evidence battle. Because in that case they’ve got evidence that (at the time) only the perpetrator would have known. I expect them to play technicality cards, even if it makes it very obvious they’re defending a guilty man. Jmo
 
The question of funding came up when Jon Clarke interviewed HCW. Jon wrote about it in his book. HCW told Jon about how (in part) FF was being funded, but HCW asked Jon not to write about it.

If this is the case I am sure at some point the public will have more info. If it’s come from where I suspect it may have, then it’ll add to the inevitable negative scrutiny attached to some elements of the MM case as a whole. Jmo

Do you have actual sources for any of this?
 
One possibility here is simply that FF is acting as his lawyer only for the trophy case (MM). Maybe pro bono. Or with some public funding. But that has not been charged.

Then when CB's been charged on the other cases, he has received publicly funded lawyers. Perhaps 1-2 on the rape case and maybe a specialist for the child offences. It is a very long case so perhaps not that surprising, even though at first look 4 lawyers seems crazy.

Unless someone has solid info that these are all privately funded I find it hard to believe.
 
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I shall shorten this up a bit... Have been keeping a lot of notes.

Friday, February 16th:
*Trial set to begin (@ 9am CET) – Germany/Portugal - Hazel Behan (20 @ time/now 40) (in her home, June 16, 2004, Praia de Rocha on the Algarve coast, 10 miles from Praia de Luz, Portimao, Portugal) - *Christian Stefan Brückner (Bruekner) (27 @ time of 1st crime (2004)/45/now 47) charged (Oct. 11, 2022) with sexual assault (suspect held a knife & brutally raped her. The accused then tied & gagged the woman to a table & raped her again. He then whipped the victim on the back with a whip he had brought with him & finally forcibly performed oral sex with the victim. The accused filmed large parts of the events with a video camera he had brought with him). Braunschweig Regional District Court
Germany/Portugal – *Charged (Oct. 11, 2022) & arrest warrant reinstated 11/18/22 - a 14 year old teenager (assaulted/hit the naked girl with a whip. Said to have brutally forced the girl to have oral sex. The accused also videotaped this act). Took place between Dec. 28, 2000 to April 8, 2006 on the Praia da Luz, Algarve coast, Portugal.
Germany/Portugal - *Charged (Oct. 11, 2022) & arrest warrant reinstated 11/18/22 - an elderly woman 70-80 yrs old (tied up & raped the victim in her holiday apt. He then hit the victim several times with a whip. The accused is said to have recorded the entire event with a video camera). Took place around the same time (between Dec. 28, 2000 to April 8, 2006) on the Praia de Luz, Algarve coast, Portugal.
Germany/Portugal – *Charged (Oct. 11, 2022) & arrest warrant reinstated 11/18/22 - 10 year old German girl (Joana.E) (wearing only shoes & otherwise naked. He grabbed the child's wrist & began to perform masturbation movements on his naked penis). On Salema (Zalema) beach, near Praia de Luz, Portugal, April 7, 2007).
Germany/Portugal – *Charged (Oct. 11, 2022) & arrest warrant reinstated 11/18/22 - 11 year old Portuguese girl (pulled down his trousers & underpants & made masturbation movements on his naked penis in order to sexually arouse himself, until the frightened girl ran to her father for help. The suspect was arrested on the spot by the Portuguese police). Exposed himself in playpark, São Bartolomeu de Messines, June 11, 2017).
Trial set to begin on February 16, 2024.
Trial dates: Feb. 23, March 1, March 14, April 3, 5, 10, 12, 17, 19, 24, 25, May 2, 3 8, 15, 16, 17, 21, 22, 23, 28, 29, June 4, 5 6, 25, 26 & June 27, 2024. Expected to last up to 3 months.
Brueckner is currently serving a 7 year sentence for the 2005 rape on a pensioner. While he is still the main suspect in Madeleine case, these above cases will be tried first & he will be charged with Madeleine later (maybe!)
Oct. 11, 2022 Update: Specifically, the accused is charged with three acts of serious rape & two acts of sexual abuse of children, specifically:
1. On June 16, 2004 at around 3:00am, the accused in Praia da Rocha in Portugal is said to have gained access to the apartment of a then 20-year-old woman (Behan) from Ireland via the balcony. The sleeping woman was then awakened by the masked suspect holding a knife & brutally raped. The accused then tied & gagged the woman to a table & raped her again. He then whipped the victim on the back with a whip he had brought with him & finally forcibly performed oral sex with the victim. The accused filmed large parts of the events with a video camera he had brought with him. While the accused later fled over the balcony, the victim managed to free herself & crying to ask for help.
2. On another day between December 28, 2000 & April 8, 2006, which can no longer be precisely determined, the accused allegedly assaulted an unknown, German-speaking girl aged at least 14 naked in the house he lived in in Praia da Luz in Portugal tied to a wooden pole in the living room. First he hit the naked girl with a whip. The accused is said to have brutally forced the girl to have oral sex. The accused also videotaped this act.
3. At a point in time that cannot be determined more precisely between December 28, 2000 & April 8, 2006, surprising an unknown 70-80 year old woman in her bedroom in her holiday apartment in Portugal. Then the masked suspect is said to have tied up & raped the victim. He then hit the victim several times with a whip. The accused is said to have recorded the entire event with a video camera.
4. On April 7, 2007 at around 3:30pm, the accused is said to have ambushed a 10-year-old German girl who was playing on the rocks behind a hole on a section of beach in Salema in the district of Faro in Portugal, wearing only shoes & otherwise naked. He grabbed the child's wrist & began to perform masturbation movements on his naked penis. He asked the girl with a grin to look at his naked genitals & the masturbation movements he was making in order to sexually arouse himself. After the accused had ejaculated, he let go of the girl & fled.
5. On June 11, 2017, in the early hours of the morning at around 2am during the so-called snail festival on a playground in Bartolomeu de Messines in Portugal, the accused made eye contact with an 11-year-old Portuguese girl who was on the swings of the playground there have sat. Then, while constantly eyeing the child, the accused pulled down his trousers & underpants & made masturbation movements on his naked penis in order to sexually arouse himself, until the frightened girl ran to her father for help. The suspect was arrested on the spot by the Portuguese police. On the basis of the indictment, an arrest warrant was also requested because the public prosecutor's office believed that there was an urgent suspicion of a crime. There is also a risk of escape and repetition.

Brueckner info from June 1, 2020 thru August 31, 2023 reference post #2 here:
https://www.websleuths.com/forums/...ssault-crimes-praia-de-rocha-portugal.691069/

Sept. 18, 2023 Update: A German higher regional court ruled on Tuesday that a state court can hear a sex offences case against Brueckner overruling the state court’s earlier decision that it did not have jurisdiction. The higher regional court in the northern city of Braunschweig said that the state court had wrongly declared itself without jurisdiction when it said in April that it was not responsible for hearing the case, arguing at the time that the region where it is located is not the last place where Christian Brueckner lived in Germany. The Braunschweig state court said in April its supposed responsibility for the case had been based on the suspect’s last residence before he went abroad & then to prison. But it said that was not valid, because the suspect produced evidence of a later residence in the neighbouring state of Saxony-Anhalt, where he was registered as the owner of a property that he kept after going abroad. However, on Tuesday the higher regional court said that the last domestic residence of the accused is to be determined on the basis of a multiplicity of different indications & proofs — in particular earlier statements of the accused — in Braunschweig.
Sept. 19, 2023 Update: In response to the public prosecutor's complaint, the 1st Criminal Senate has, with today's decision, overturned the decision of the Braunschweig Regional Court in the case 2 KLs 213 Js 52790 /18. The regional court wrongly declared itself incompetent. Rather, the Braunschweig Regional Court has local jurisdiction over the charges and has to decide whether to open the proceedings. At the same time, the Senate reinstated the arrest warrant of November 18, 2022, which was revoked by the regional court in this context.
Sept. 27, 2023 Update: Brueckner has sought to postpone the proceedings by requesting a change in the trial's location within Germany. This proposal has been rejected, allowing the 46-year-old Brueckner to face trial as originally planned. Investigator Hans-Christian Wolters expressed relief at the decision, stating, "It is always gratifying when your perspective is affirmed. The Regional Court determined that Christian B's last known residence was in Saxony-Anhalt, and therefore, we were the appropriate investigative jurisdiction for this case. We appealed to the Higher Regional Court. Now, the Regional Court must determine if the level of suspicion we have against Christian B justifies a trial." Mr. Wolters added that if the decision is in favor of proceeding with the trial, a hearing date will be scheduled.
October 1, 2023 Update: A new witness has come forward to say they saw Brueckner running away from the flat of an alleged victim. He was allegedly spotted running from the scene of a violent rape a few years before the tot's disappearance. “A new witness has contacted the police. He was starting his early morning shift at a nearby hotel & said he saw a man dressed in black running from the apartment block. He could see the man because he had taken off a mask & he identified him to police as Christian B.” Witnesses had already reported seeing a figure draped all in black scaling an apartment block to break into the Irish student's room in June 2004. Brueckner is set to appear in court next year accused of raping Irish student Hazel Behan after breaking into her flat in Praia da Rocha, Portugal. The alleged assault took place just 10 miles from the Praia da Luz apartment where Maddie was snatched three years later.
October 5, 2023 Update: November 28, 2023 Press release-Arrest warrant In the criminal proceedings (Az. 2 KLs 213 Js 52790/18 (15/22)) the 2nd Criminal Chamber issued an arrest warrant against the 45-year-old accused for five acts of violating sexual self-determination with a decision dated November 18, 2022. The 2nd Criminal Chamber has affirmed an urgent suspicion for the five accused offenses & considered the reasons for the imprisonment of the risk of flight & the risk of repetition to be given. An execution of the arrest warrant is currently not possible, as this requires the consent of Italy (cf. § 83 h IRG), since the accused was apprehended & extradited there. This is now being obtained by the public prosecutor's office in Braunschweig as part of a so-called supplementary approval procedure. The decision was made in the interim procedure. A press release will be published in due course on the further progress of the proceedings.
October 9, 2023: Created on 12th October 2022-The Braunschweig Regional Court confirms receipt of an indictment from the Braunschweig public prosecutor's office with five acts against sexual self-determination against a 45-year-old accused. With regard to the content of the accusations, reference is made to the press release from the Braunschweig public prosecutor's office dated October 11, 2022. The indictment runs more than a hundred pages. For reasons of the presumption of innocence & the protection of personality, the regional court will not disclose any further details about the specific allegations. According to the district court's business distribution plan, the 2nd Criminal Chamber is responsible for the proceedings as the youth protection chamber (file number 2 KLs 213 Js 52790/18 (15/22). In the interim proceedings that are now beginning, the 2nd Criminal Chamber will first serve the accused & his defense attorney with the indictment This provides the opportunity to comment on the allegations made by the public prosecutor, to raise objections to the opening of the main proceedings and/or to request evidence. In the so-called interim proceedings, the chamber examines whether the indictment is admitted & the main proceedings are opened. It is currently not possible to make a forecast regarding the duration of this examination. The court decides to open the main proceedings if, based on the results of the preparatory proceedings, the accused is sufficiently suspected of having committed criminal offenses through his behavior. There is sufficient suspicion of a crime if a later conviction of the accused appears likely based on the admissible evidence available. The interim proceedings end with a decision by the chamber on the opening or non-opening of the main proceedings in the form of a resolution. Only when the court opens the main proceedings. The accused is currently in prison due to a ruling by the Braunschweig Regional Court (file number 1 KLs 71/19, sentence of a total prison sentence of 7 years). The criminal chamber will still have to decide on the question of issuing an arrest warrant against the accused in this criminal case. Due to the current busyness of the 2nd Criminal Chamber with main hearing dates in already pending criminal proceedings with so-called detention cases (in which the accused are in custody & detention review dates are due soon), a trial is not expected to begin this year if the main proceedings are opened.
October 15, 2023 update: Brueckner has been charged with five crimes, including three alleged rapes & two sex attacks on children. Brueckner has been charged with the rape of a young Irish woman on the Algarve in June 2004. Hazel Behan, then 20, was raped at knifepoint by a blond-haired German, with ‘piercing blue eyes’, who climbed into her apartment & filmed the vicious four-hour attack. The trial – scheduled to run for over a month – could see Brueckner practically locked up for life due to the severity of some of the alleged attacks. the court is starting the case in February. We are just negotiating with the exact dates now between us & Brueckner’s lawyer. Brueckner will also be facing two other rapes that he also filmed at the home he rented for seven years, just outside Praia da Luz, where Madeleine went missing. They include the sexual assault on an, as yet, unknown teenager & an older woman in her sixties. The videos were found by two of his former acquaintances, Manfred Seyferth & Helge Busching, on a camera they had taken from his home. He is also facing two other sex offences against children, including the assault of a young German girl on a beach, near Praia da Luz, just a month before Maddie went missing. The broad daylight attack was witnessed by the girl’s brother & both her parents had a very good look at the assailant who they have identified as Brueckner. Brueckner is also facing a sexual assault charge for exposing himself to four young children in a playground in Sao Bartolome de Messines, on the Algarve, in 2017.
Nov. 29, 2023 Update: Brueckner will be put on the stand from Feb. 16, 2024 in a case set to last for "up to three months". Brueckner is accused of five separate sex crimes, three of which involve minors. "It's set to begin on February 16, a Friday & a half day, but there should be enough time to hear all the charges," prosecutor Hans Christian Wolters said. The first witnesses will be brought in the following week. "There will be four to five judges, two of them lay judges, normal people who are brought in for such cases." German prosecutor Hans Christian Wolters said: 'We expect Hazel to be giving her evidence for a couple of days & then it will be the turn of the other victims & witnesses. A last minute legal bid was launched by Brueckner's team earlier this month in an attempt to get one of the key witnesses in the case thrown out. The claim was rejected with Brueckner's lawyer now accepting the start date. Trial will take place at Braunschweig High Court.
Dec. 1, 2023 Update: Further continuation dates have been scheduled for: Friday, February 23, 2024, 9am, Friday, March 1, 2024, 9am, Thursday, March 14, 2024, 11am, Wednesday, April 3, 2024, 9am, Friday, April 5, 2024, 9am, Wednesday, April 10, 2024, 9am, Friday, April 12, 2024, 9am, Wednesday, April 17, 2024, 9am, Friday, April 19, 2024, 9am, Wednesday, April 24, 2024, 9am, Friday, April 26, 2024, 9am, Thursday, May 2, 2024, 9am, Friday, May 3, 2024, 9am, Wednesday, May 8, 2024, 9am, Wednesday, May 15, 2024, 9am, Thursday, May 16, 2024, 9am, Friday, May 17, 2024, 9am, Tuesday, May 21, 2024, 9am, Wednesday, May 22, 2024, 9am, Thursday, May 23, 2024, 9am, Tuesday, May 28, 2024, 9am, Wednesday, May 29, 2024, 9am, Tuesday, June 4, 2024, 9am, Wednesday, June 5, 2024, 9am, Thursday, June 6, 2024, 9am, Tuesday, June 25, 2024, 9am, Wednesday, June 26, 2024, 9am & Thursday, June 27, 2024, 9am. Please note that the list of dates is not binding. Any changes can be found on the notice board in the court and will also be announced by the press office via a press release.

12/10/23 Update: A total of 46 witnesses – including half a dozen former girlfriends – have been summoned for the trial at Braunschweig Criminal Court between February 16 & June 27. According to the schedule, which is spread over 29 days, three women will take to the stand including his first lover, Silke Becker, on April 10.
12/13/23 Update: Due to the severit of the attack on Behan, under section 66 of the German criminal code, the panel of judges will have the option of sentencing Brueckner to an ‘incapacitation order’, or effectively a permanent life sentence.
Jan. 18, 2024 Update: More than 40 witnesses have been called in to testify, including up to half a dozen ex-lovers of Brueckner & a string of old acquaintances & friends. The last scheduled witness is a specialist in forensic psychology, Dr Christian Riedemann, who will take to the stand on June 27, 2024.
 

It looks like the last 4 years haven't left him unscathed....

You have to laugh. Confessing to a murder will get you a more lenient sentence? When you are already looking at a preventative detention for life? A Nick Pisa classic

But officials hope that by securing a conviction, Brueckner will crack and offer information on Madeleine in exchange for a more lenient sentence - though sources close to him say he will remain silent and offer no testimony.
 
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