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

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This is probably the correct thread for this.

Brunswick prosecutor's office have said that are investigating Busching for 'false testimony after their received a complaint from his lawyer Freidrich Fulscher last week but details have only just emerged.


www.dailymail.co.uk

Prosecutors probing Maddie McCann suspect hit major stumbling block

German investigators have built their case around a witness called Helge Busching. It has now been revealed that he is being probed for false testimony.
www.dailymail.co.uk www.dailymail.co.uk
 
The quote below is taken from the link which follows, my twopenneth is that FF has asked for and been granted access to Bushings statement from the American ladies rape trial, he's now seen Buschings statement in the indictments for The 5 charges and he thinks there is conflicting evidence regards the video evidence and has raised the issue with court who have asked the prosecution to review/ look into it

The defender is particularly challenged from the moment a charge is brought. It is now “about the whole”. The primary contact on the other side is now the judge and no longer the prosecutor.
criminal-law-germany.lawyer

Criminal Indictment - Criminal Law Germany

An indictment ("Anklageschrift") in German Criminal Law is a letter from the public prosecutor's office to the court requesting a public main hearing. An indictment is brought if, after a criminal investigation, a public prosecutor comes to the conclusion that the probability of a conviction is...
criminal-law-germany.lawyer criminal-law-germany.lawyer
 
Brought over from other CB thread

Interesting tactic, as by throwing doubt on HB's testimony, not only does FF bring up the possibility of a wrongful rape conviction, it also potentially weakens the pending rape trials and also what HB has claimed in relation to MM.
Clever.
IMO
note HB is the German witness, not the rape victim
 
RichardKimble said:
This is probably the correct thread for this.
Brunswick prosecutor's office have said that are investigating Busching for 'false testimony after their received a complaint from his lawyer Freidrich Fulscher last week but details have only just emerged.

www.dailymail.co.uk

Prosecutors probing Maddie McCann suspect hit major stumbling block

German investigators have built their case around a witness called Helge Busching. It has now been revealed that he is being probed for false testimony.
www.dailymail.co.uk www.dailymail.co.uk
Click to expand...

If the case, I think there's always a risk when a key witness is a dodgy criminal associate of the dodgy criminal prime suspect. Be interesting to see where this goes.
 
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Davieson said:
Brought over from other CB thread

Interesting tactic, as by throwing doubt on HB's testimony, not only does FF bring up the possibility of a wrongful rape conviction, it also potentially weakens the pending rape trials and also what HB has claimed in relation to MM.
Clever.
IMO
note HB is the German witness, not the rape victim
Click to expand...

The key piece of evidence in the Diane M assault/rape case was a hair found in her bed with CB's dna on it, wasn't it? Not the hearsay testimony that came from his criminal associates, MS & HeB.

You say 'tactic' and 'clever' as if you see it as defence machinations, FF being artful, scheming? Surely if there are genuine inconsistencies in HeB's testimony, as per those referred to in the DM link, paired with HeB's own apparent recent 'skittishness', then surely FF is just doing the professional - examining the evidence - job he's employed to do for his client?

Sorry, it's just that I don't think the implication that it's a tactic on FF's part is helpful. It just plays into the idea that he's on the back foot and trying to play for time. He's not the one doing that. JMO.
 
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Anxala said:
If the case, I think there's always a risk when a key witness is a dodgy criminal associate of the dodgy criminal prime suspect. Be interesting to see where this goes.
Click to expand...
Given it says in the link about indictments that the contact is now the judge ,or courts if you like, then one supposes they have referred it to the prosecutors.


The defender is particularly challenged from the moment a charge is brought. It is now “about the whole”. The primary contact on the other side is now the judge and no longer the prosecutor.
 
Lawyers strategising and playing tactics? Heaven forfend! This is part and parcel of what lawyers do, looking for loopholes, technicalities, inconsistencies, anything at all that either delays or undermines or destroys the other side’s case. However, if it wasn’t for Helge B the forensic evidence in the rape case would never have been matched with the perpetrator and the fact that CB’s hair was found in the rape victim’s bed lends (rather than detracts from) the witness’s credibility. It would be interesting to know what strategy FF plans to use to undermine that DNA evidence and the fact that it was Helge B who was the catalyst for bringing the (rightful IMO) conviction.
 
Anxala said:
The key piece of evidence in the Diane M assault/rape case was a hair found in her bed with CB's dna on it, wasn't it? Not the hearsay testimony that came from his criminal associates, MS & HeB.

You say 'tactic' and 'clever' as if you see it as defence machinations, FF being artful, scheming? Surely if there are genuine inconsistencies in HeB's testimony, as per those referred to in the DM link, paired with HeB's own apparent recent 'skittishness', then surely FF is just doing the professional - examining the evidence - job he's employed to do for his client?

Sorry, it's just that I don't think the implication that it's a tactic on FF's part is helpful. It just plays into the idea that he's on the back foot and trying to play for time. He's not the one doing that. JMO.
Click to expand...
While I don't dispute the decision of the court, I have always considered the detection of a single pubic hair a tad convenient, in that without it, the prosecution may well have failed.
 
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Consider Dudley said:
Another stalling tactic presumably. That’s the role of any half decent defence lawyer I guess
Click to expand...
Quite a clever play by FF. I recon we’ll see alot of technicalities & fringe stalling tactics. This reminds me of when he tried to have the charges dropped based on Birth mark orientation. The bigger picture is that HB’s input was the catalyst for the BKA finding concrete evidence & building a murder case. It’ll be challenging to question his testimony because they’ve uncovered concrete evidence as a result of it. If the didn’t have the evidence the testimony would be debatable.
A retrial for DM’s rape case seems very unlikely because there’s forensic evidence.

My opinion
 
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Anxala said:
The key piece of evidence in the Diane M assault/rape case was a hair found in her bed with CB's dna on it, wasn't it? Not the hearsay testimony that came from his criminal associates, MS & HeB.

You say 'tactic' and 'clever' as if you see it as defence machinations, FF being artful, scheming? Surely if there are genuine inconsistencies in HeB's testimony, as per those referred to in the DM link, paired with HeB's own apparent recent 'skittishness', then surely FF is just doing the professional - examining the evidence - job he's employed to do for his client?

Sorry, it's just that I don't think the implication that it's a tactic on FF's part is helpful. It just plays into the idea that he's on the back foot and trying to play for time. He's not the one doing that. JMO.
Click to expand...
is it possible to see both witnesses evidence on line at all please?
 
Davieson said:
While I don't dispute the decision of the court, I have always considered the detection of a single pubic hair a tad convenient, in that without it, the prosecution may well have failed.
Click to expand...

I hear you... but I actually I know very little about that trial so not in a position to comment.
 
UK Girl said:
is it possible to see both witnesses evidence on line at all please?
Click to expand...

I don't know. I don't recall if it or the actual trial details were ever linked to on the CB threads? But it would have been in the public domain at the time I'd have thought so maybe someone may know where it might be found. German court archives? It would be interesting to read, I agree.
 
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'It will not be a problem at all, don't worry. I spoke to Helge yesterday and it's only an attempt to paint him in a bad picture,' said Wolters.

'We understand the issue and he will be fine.'

Cool as a cucumber. You‘ve got to admire his insouciance.
 
Consider Dudley said:
'It will not be a problem at all, don't worry. I spoke to Helge yesterday and it's only an attempt to paint him in a bad picture,' said Wolters.

'We understand the issue and he will be fine.'

Cool as a cucumber. You‘ve got to admire his insouciance.
Click to expand...
I had to look up insouciance in the online dictionary .. but yes .. that's true ..
 
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