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

[Mex]

The point you made in your earlier post was that CB removed his mask on one of the videos, revealing his identity.

This point isn’t included in your cite. In their recent court appearances, neither HeB nor MS made the claim that CB was seen in the videos. Given it was under oath, it’s unlikely the perpetrator of the offence showed their identity on film.

In accord with the difficulties presented in the current five case trial, it is exceedingly difficult to locate information regarding the 2019 trial in which CB was found guilty of aggravated rape and sentenced accordingly.
Initially it was my opinion that the smooth progress from start to conviction was because of ignorance of CB's role in MM's case. I have since partly amended that to realising that just seems to be the way court reporting is carried out in Germany.

However please be in no doubt that in part the discussion about the stolen rape videos has already been heard in a legally constituted German court and the witnesses who gave evidence in 2019 are those who have been called to give their evidence in the 2024 trial concerning other sexual offences.
Different trials and relevant evidence heard at each. Confusion may arise from CB's defence trying a 2019/24 mix and match?
Snip
The German, who was given seven years in jail for the sexual assault, is reported to have blindfolded and then beaten the 72-year-old with a metal pole after breaking into her house near Praia da Luz.

He is then said to have carried out the degrading rape, videotaping the whole ordeal and ripping off his own mask at the end of the attack before stealing cash and a computer, according to evidence heard at CB's trial last year in Braunschweig, near Hanover.
...
... according to widespread reporting of the case yesterday, a witness told how he had seen a horrific video of the sexual attack – which happened just a year and a half before Madeleine disappeared. The witness, an acquaintance of CB, said the elderly woman was bound, masked and whipped before being raped.
He said: ‘Then the man sat on the bed and pulled the mask off his face. I thought: That can’t be!’ He said he immediately recognised CB.

PressReader.com - Digital Newspaper & Magazine Subscriptions

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The cite included in my earlier post cannot have any relevance to the present 2024 five cases trial. Reference is is to the stand alone trial of 2019 when CB was unequivocally found guilty of the aggravated rape of DM. In which the clincher was not so much the witnesses allegation but the forensic evidence CB left behind him. The value of the witness statements was matching them with other evidence leading to the identification of a suspect who proved to be CB. In the DM rape it paid dividends in keeping a sadistic rapist off the streets.

 

[Mex]

It's a very difficult trial to maintain interest in. No court transcripts, no external consistent, detailed media reporting that can be trusted, the gaps in the court schedule, the less-than impressive and unengaging witnesses, the impression that things are just going round in tedious, dreary circles. The HaB case may drive more widespread and informed reporting but even then I feel it will be in a comparitively low key way.

The tabs will continue to tab but there's zero value in their 'reporting' from the perspective of those of us trying to follow and make sense of what's actually happening in court. And we've still months of this to go.

Very good points.

 

[Mex]

The judge must be interested to allow it.

The judge is walking a very straight line. Interested or not she is obliged to listen to all credible witnesses either for the defence or the prosecution unless she wishes to run the risk of an accusation of bias.
My opinion

 

[RichardKimble]

In accord with the difficulties presented in the current five case trial, it is exceedingly difficult to locate information regarding the 2019 trial in which CB was found guilty of aggravated rape and sentenced accordingly.
Initially it was my opinion that the smooth progress from start to conviction was because of ignorance of CB's role in MM's case. I have since partly amended that to realising that just seems to be the way court reporting is carried out in Germany.

However please be in no doubt that in part the discussion about the stolen rape videos has already been heard in a legally constituted German court and the witnesses who gave evidence in 2019 are those who have been called to give their evidence in the 2024 trial concerning other sexual offences.
Different trials and relevant evidence heard at each. Confusion may arise from CB's defence trying a 2019/24 mix and match?
Snip
The German, who was given seven years in jail for the sexual assault, is reported to have blindfolded and then beaten the 72-year-old with a metal pole after breaking into her house near Praia da Luz.

He is then said to have carried out the degrading rape, videotaping the whole ordeal and ripping off his own mask at the end of the attack before stealing cash and a computer, according to evidence heard at CB's trial last year in Braunschweig, near Hanover.
...
... according to widespread reporting of the case yesterday, a witness told how he had seen a horrific video of the sexual attack – which happened just a year and a half before Madeleine disappeared. The witness, an acquaintance of CB, said the elderly woman was bound, masked and whipped before being raped.
He said: ‘Then the man sat on the bed and pulled the mask off his face. I thought: That can’t be!’ He said he immediately recognised CB.

PressReader.com - Digital Newspaper & Magazine Subscriptions

Digital newsstand featuring 7000+ of the world’s most popular newspapers & magazines. Enjoy unlimited reading on up to 5 devices with 7-day free trial.

www.pressreader.com

The cite included in my earlier post cannot have any relevance to the present 2024 five cases trial. Reference is is to the stand alone trial of 2019 when CB was unequivocally found guilty of the aggravated rape of DM. In which the clincher was not so much the witnesses allegation but the forensic evidence CB left behind him. The value of the witness statements was matching them with other evidence leading to the identification of a suspect who proved to be CB. In the DM rape it paid dividends in keeping a sadistic rapist off the streets.

So how did a witness identify CB when the victim herself said he wore a mask, no mention of its removal even when she went to the kitchen with him to give him money before he vanished?

 

[Davieson]

So how did a witness identify CB when the victim herself said he wore a mask, no mention of its removal even when she went to the kitchen with him to give him money before he vanished?

Different tapes. The victim ( American women, who's name escapes me) did not feature on the tapes viewed by the witnesses.

 

[RichardKimble]

Different tapes. The victim ( American women, who's name escapes me) did not feature on the tapes viewed by the witnesses.

So let's clear it up if we can, did HeB say he saw CBs face in the DM case (,pity we don't have the transcripts, ) reports say he did although the Mail piece from June 4th 2020 is a bit ambiguous or is he now saying he saw CBs face in the unidentified case along with the teenager, maybe this is why the judge was called from the DM case to clear it up along with the SY detective this week.Why would HeB be testifying about a crime CB hadn't been charged with at that time?

• Video showed how woman was bound and masked, whipped and raped in Portuguese resort of Praia da Luz

Testimony reveals how new Madeleine McCann suspect raped US tourist

A year and a half before the mysterious disappearance of three-year-old Madeleine McCann, another crime had occurred in the Portuguese resort of Praia da Luz in the Algarve.

www.dailymail.co.uk

 

[mrjitty]

So let's clear it up if we can, did HeB say he saw CBs face in the DM case (,pity we don't have the transcripts, ) reports say he did although the Mail piece from June 4th 2020 is a bit ambiguous or is he now saying he saw CBs face in the unidentified case along with the teenager, maybe this is why the judge was called from the DM case to clear it up along with the SY detective this week.

• Video showed how woman was bound and masked, whipped and raped in Portuguese resort of Praia da Luz

Testimony reveals how new Madeleine McCann suspect raped US tourist

A year and a half before the mysterious disappearance of three-year-old Madeleine McCann, another crime had occurred in the Portuguese resort of Praia da Luz in the Algarve.

www.dailymail.co.uk

We've been over this several times - search for the FAZ coverage in past MM threads

@Hygge is the one who posted about it if that helps.

There never was any tape of the DM rape. The witnesses agreed they saw the young girl. Then they disagree about the older woman. But the Judges in 2019 were confident the woman/women described could not have been DM.

This is my opinion, based off what I remember from FAZ.

 

[RichardKimble]

We've been over this several times - search for the FAZ coverage in past MM threads

@Hygge is the one who posted about it if that helps.

There never was any tape of the DM rape. The witnesses agreed they saw the young girl. Then they disagree about the older woman. But the Judges in 2019 were confident the woman/women described could not have been DM.

This is my opinion, based off what I remember from FAZ.

I understand but I edited my post above, why would HeB be testifying about a case CB hadn't been charged with at that stage and I doubt the press knew about it unless HeB was blabbing.

 

[RichardKimble]

We've been over this several times - search for the FAZ coverage in past MM threads

@Hygge is the one who posted about it if that helps.

There never was any tape of the DM rape. The witnesses agreed they saw the young girl. Then they disagree about the older woman. But the Judges in 2019 were confident the woman/women described could not have been DM.

This is my opinion, based off what I remember from FAZ.

What's FAZ please.

 

[mrjitty]

What's FAZ please.

Frankfurter Allgemeine - a newspaper

Kiosk

zeitung.faz.net

 

[RichardKimble]

With thanks to @mrjitty and @Hygge this is the verdict,no mention of filming.

Presse : Pressemitteilungen aus dem Jahr 2020 - Urteil des Landgerichts Braunschweig wegen schwerer Vergewaltigung einer 72-Jährigen in Portugal rechtskräftig

www.bundesgerichtshof.de

 

[RichardKimble]

Right.

Madeleine McCann's parents 'welcome' German's 'arguido' status

Brueckner, 44, who has been linked to four other child murders across Europe since 1996, was sensationally named by German prosecutors as the man 'responsible' for Madeleine's kidnap.

www.dailymail.co.uk

These two rape cases are from evidence provided at Brueckner’s trial in 2019 from two witnesses who said they found footage on a video camera of him attacking these two women.

‘We have not been able to identify either of the victims.

‘We actually hope to have these cases all closed within the next few weeks and then it will be possible to consider charges for these but for the Madeleine McCann investigation we still need more time.’

The new allegations stem from a video camera found by two former friends of Brueckner but which has since disappeared.

Footage found on the camera allegedly shows an ‘older’ woman asking for ‘help’ in Italian as she is being whipped and raped by a masked man.

According to the men who have seen and described the footage, the attacker then takes off his mask and they say it is clearly Brueckner.

While another clip, according to the men, shows a younger woman, speaking German, tied to a wooden beam in his house, as she begs to be freed.

The men told police they also recognised the man in the second video as Brueckner and that it was filmed in his Portuguese home.

Their testimony was used to convict Brueckner of raping a 72-year-old American woman in Praia da Luz just two years before Madeleine was abducted.

The victims have never been identified but Mr Wolters said:’The additional rape cases are from the testimony of the witnesses at his trial who described what they had seen on a video they found at Mr Brueckner’s house.’

 

[Hygge]

It was mentioned in the FAZ that the court agreed in the DM case that MS and HB saw different rapes on video.
MS saw a 40-60 year old Italian speaking lady and the teenage girl. HB saw the teenage girl and a 70 year english speaking lady.
It’s a pay article so I cannot post the content.

 

[mrjitty]

It was mentioned in the FAZ that the court agreed in the DM case that MS and HB saw different rapes on video.
MS saw a 40-60 year old Italian speaking lady and the teenage girl. HB saw the teenage girl and a 70 year english speaking lady.
It’s a pay article so I cannot post the content.

Thanks Hygge!

I wonder if the fact that MS and HeB disagreed on who they saw as regards the Italian/English lady will be a problem for this case. In the DM case it didn't matter as it was found to be evidence which corroborated the idea CB was a rapist. But in the current case, the charges relate to the unidentified people in the video.

02c

 

[JB1510]

I was under the impression HeB viewed 3 videos and MS just 2.

Mentioned also in the recent 60 mins documentary @08.44

 

[Denis R Tandib]

I was under the impression HeB viewed 3 videos and MS just 2.

Mentioned also in the recent 60 mins documentary @08.44

A victim was tied to a tree in that one. We know this is misreporting so perhaps the two to three is too.

What makes it unlikely that he viewed three is the fact that there are only two charges - one German girl and an older English woman.

MS says he saw an older Italian lady and a German girl. So we know HeB saw the German girl and the old English woman. If he saw a third, it would be the Italian woman which would corroborate MS’s statement and there would be a third charge.

I can only think that the prosecution made two charges because two rapes were corroborated: German girl and old English woman. Therefore, they must be assuming that MS was mistaken on age and nationality.

 

[JB1510]

A victim was tied to a tree in that one. We know this is misreporting so perhaps the two to three is too.

What makes it unlikely that he viewed three is the fact that there are only two charges - one German girl and an older English woman.

MS says he saw an older Italian lady and a German girl. So we know HeB saw the German girl and the old English woman. If he saw a third, it would be the Italian woman which would corroborate MS’s statement and there would be a third charge.

I can only think that the prosecution made two charges because two rapes were corroborated: German girl and old English woman. Therefore, they must be assuming that MS was mistaken on age and nationality.

Yes it certainly gets confusing, I’ve also heard tree mentioned in poorly translated articles when referring to a beam in CB house.

 

[Denis R Tandib]

Yes it certainly gets confusing, I’ve also heard tree mentioned in poorly translated articles when referring to a beam in CB house.

Yes, reports of three different crimes but I think only two videos.

 

[Anxala]

It was mentioned in the FAZ that the court agreed in the DM case that MS and HB saw different rapes on video.
MS saw a 40-60 year old Italian speaking lady and the teenage girl. HB saw the teenage girl and a 70 year english speaking lady.
It’s a pay article so I cannot post the content.

And yet HeB, in court, a few weeks ago, gave a detailed account of how he showed MS the videos of both the young girl and the elderly woman. And that MS watched them with him, although he conceded that MS may not have watched them in full, in the way HeB did. The link to that testimony is on this thread (I'll look for it when I have a minute).

IIRC also, the description of the attack on the '40yr old Italian woman' was her tied to a beam in CB's house and being whipped. There wasn't any mention of her being raped, just whipped. Perhaps that's why this case failed to make the charge grade as, without the victim, it could be deemed ambiguous as to what degree of consent was at play here?

 

[Davieson]

And yet HeB, in court, a few weeks ago, gave a detailed account of how he showed MS the videos of both the young girl and the elderly woman. And that MS watched them with him, although he conceded that MS may not have watched them in full, in the way HeB did. The link to that testimony is on this thread (I'll look for it when I have a minute).

IIRC also, the description of the attack on the '40yr old Italian woman' was her tied to a beam in CB's house and being whipped. There wasn't any mention of her being raped, just whipped. Perhaps that's why this case failed to make the charge grade as, without the victim, it could be deemed ambiguous as to what degree of consent was at play here?

I'm surprised that something along those lines wasn't put forward as a defence at his first rape trial.
Would certainly have explained the hair.