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

[frank-cole]

FF and his team are being paid by legal aid - they have taken the case for the government fee.

And, it’s easy for the defence because the prosecution’s case is a shambles.

Thank you for letting me know your thoughts. I will do some digging because I’m not convinced you’re right. I tend to believe the victims, especially the children in the park. Their testimonies were such an upsetting read.

It’s certainly been a very circumstantial case. There’s a big difference between legally innocent & factually innocent.

Remember that the prosecution aren’t some bad guys out to ruin somebody’s anti-McCann party. They’re doing their job & rightly so.

 

[Denis R Tandib]

i agree. There needs to be a balance between the rights of the accused & getting to the truth. I think their law will reflect that. I tend to think that may differ based on impression. I think it’ll feature as part of a bulky appeal & they’ll look to cite other cases in order to make this point.

I think the motions of bias are a positive development, because if bias exists it may create a more balanced trial. On the flip-side it could work against them.

Haven’t the allegations of bias been denied and dealt with?

 

[frank-cole]

Haven’t the allegations of bias been denied and dealt with?

Correct. The next step (if they take one) will be to legally challenge the dropping of the warrants & the step after - appeal verdict. It won’t be the end to these type challenges. Obviously it’s far better to lodge these challenges when the whole trial has been heard. That way everything can be summarised.

 

[Denis R Tandib]

Thank you for letting me know your thoughts. I will do some digging because I’m not convinced you’re right. I tend to believe the victims, especially the children in the park. Their testimonies were such an upsetting read.

It’s certainly been a very circumstantial case. There’s a big difference between legally innocent & factually innocent.

Remember that the prosecution aren’t some bad guys out to ruin somebody’s anti-McCann party. They’re doing their job & rightly so.

The children’s statements pale in comparison to HaB’s. However, if CB were guilty of these crimes, surely the diligent and thorough German investigators would be able to prove it. To remind you Frank, your position prior to the trial was that convictions were practically guaranteed.

Btw, I’m not anti-McCann, however, I would very much like to see the truth in their daughter’s missing person case.

 

[Denis R Tandib]

Correct. The next step (if they take one) will be to legally challenge the dropping of the warrants & the step after - appeal verdict. It won’t be the end to these type challenges. Obviously it’s far better to lodge these challenges when the whole trial has been heard. That way everything can be summarised.

The summary of the prosecution’s case won’t take long. The bias allegation was flatly refused. What grounds would they have to appeal an acquittal?

 

[RichardKimble]

The summary of the prosecution’s case won’t take long. The bias allegation was flatly refused. What grounds would they have to appeal an acquittal?

Can an acquittal be appealed?

 

[frank-cole]

The children’s statements pale in comparison to HaB’s. However, if CB were guilty of these crimes, surely the diligent and thorough German investigators would be able to prove it. To remind you Frank, your position prior to the trial was that convictions were practically guaranteed.

Btw, I’m not anti-McCann, however, I would very much like to see the truth in their daughter’s missing person case.

I’m pro victim, especially the children in the park. I don’t hold any frustration towards witnesses. <modsnip - personalizing>

I did think guilty verdicts were extremely likely. I have no issue with acknowledging that what I thought doesn’t reflect what’s happened so far. As I said, I’m pro victim & not pro ‘winning’ a debate online. I expect this to boil on well beyond the judges hammer.

 

[Dave55]

Correct. The next step (if they take one) will be to legally challenge the dropping of the warrants & the step after - appeal verdict. It won’t be the end to these type challenges. Obviously it’s far better to lodge these challenges when the whole trial has been heard. That way9 everything can be summarised.

The summary of the prosecution’s case won’t take long. The bias allegation was flatly refused. What grounds would they have to appeal an acquittal?

The decision to cancel the arrest warrant before all evidence is heard

 

[Denis R Tandib]

Can an acquittal be appealed?

I probably meant innocent verdict - duh!

 

[RichardKimble]

The decision to cancel the arrest warrant before all evidence is heard

The way it was worded was that the prosecution evidence had been heard hence the request to repeal the arrest warrant is suggestive of witnesses to be heard were defence witnesses.

 

[frank-cole]

The summary of the prosecution’s case won’t take long. The bias allegation was flatly refused. What grounds would they have to appeal an acquittal?

<modsnip - rude> Arguments about bias are done. Bias certainly isn’t the only grounds to run an appeal. Admissibility judgements can be challenged. Take the box factory/CB’s primary address judgement & appeal. That was based on the interpretation of evidence & not a bias.

I think Admissibility & the interpretation of evidence will likely be what the appeals are born out of. But it’s prudent to wait until the trial is over because we don’t have the full context & don’t know the full evidence.

 

[mrjitty]

Can an acquittal be appealed?

In our legal systems appeals are generally only on points of law

Not sure if Germany is a complete do-over

However when I followed the Knox case in Italy, the appeal case was effectively a de novo consideration. It probably makes sense to get the final verdict before talking about any of this!

 

[mrjitty]

The decision to cancel the arrest warrant before all evidence is heard

Even if that is a legal error, it's hard to see what the remedy for it is, other than to appeal the cancellation. Remember the warrant was granted in the first place by this court, without hearing ANY evidence yet.

IMO

 

[Mex]

The defence were in place at least for two years before these five charges were made. FF and team are competent which is all the more reason for the prosecution to get its ducks in a row.

Unfortunately, the prosecution have gone to trial with what people must concede is fairly weak evidence and witnesses. TBH, obtaining evidence without a search warrant isn’t a loophole, it’s either stupid or deceitful.

in addition to the prosecution’s alarmist media campaign, this trial has swayed my view on the MM case… CB has nothing to do with it.

There are no photos, no footage, probably no decent witnesses - just a thesis that the prosecution tried so hard to make work but sadly for them it was in vain.

The charges he faces in the court in Braunschweig in Lower Saxony are for five unrelated and separate offences in Portugal:

• The rape of a woman aged 70 to 80 in her holiday apartment in Portugal between 2000 and 2006

• The rape of a German-speaking girl of at least 14 at a house where he lived in Praia de Luz, again between 2000 and 2006

• The rape of an Irish woman whose holiday flat he is alleged to have broken into from her balcony in Praia da Rocha in 2004. In all three rape cases, Brückner is accused of whipping the victim and filming the assaults

• Sexual abuse of a 10-year-old German girl on a beach in Salema in 2007. This was three and a half weeks before Madeleine McCann disappeared

• Forcing an 11-year-old girl to watch a sex act at a playground in Bartolomeu de Messines during a festival in 2017.

McCann suspect in German trial for unrelated sex offences

Christian Brückner faces five charges including rape attacks between 2000 and 2017 in Portugal.

www.bbc.co.uk

There is a lot more substance to the actual charges brought against CB than you care to mention and given the passage of time the miracle is that there is any at all.

But what is missing is that there is any question of impropriety associated with any of the charges laid in 2022 against CB.

What there is in abundance are "decent witnesses" who have

• personally given their evidence to the court
• who have watched as the court has disregarded their evidence and dismissed the charges before all the evidence has been heard

Lack of information certainly prejudices even an inkling of understanding of what that is about. But one thing it is not about is vile pornographic illegal material which is the property of CB being used illegally in any one of the current trial themes.
That blurs the issue, very much in the manner to which the judges have acquiesced by failure to rule it inadmissible. Very much in line with allowing serving police officers having to point out to the defence their inability to comment on an active investigation for which no charges have been laid.

The charges are clear and the role of the judge is to ensure everyone else follows suit under judicial direction.
My opinion

 

[Mex]

FF and his team are being paid by legal aid - they have taken the case for the government fee.

And, it’s easy for the defence because the prosecution’s case is a shambles.

We are told the State is picking up the tabs if no-one else is and indeed, that is how it should be. But isn't it a very prestigious line up of criminal lawyers who have been devoting so much of their time to CB for so many years.

There is a win-win issue which springs to mind regarding that

• one couldn't put a price on the value of the free advertising

My opinion

 

[Mex]

The defence have done a good job as presenting CB as a deteriorating ‘victim’ & I think that’s caught the judges. Claims he’s the victim of a media witch hunt, he’s languishing in isolation, the same tattered clothing, cold showers, bad cheese sandwiches & wheeling him in in a wheelchair- have all been a big play in my opinion. I think the verdicts are a foregone conclusion. Not guilt on all counts. It’s interesting that the 2nd chamber changed it’s mind completely- I think clarity on what changed, will follow

I don’t think this is over when the judge bangs the hammer, I think the prosecution will have this all assessed thoroughly & the case will be in a state of appeal for months.

MM’s murder, a capital offence, shouldn’t be heard in a local court. I think it needs to go out of jurisdiction & into a court well versed in dealing with these crimes. How the 4 high profile defenders are being funded is something I’d like to know the answer to. Probably won’t like the answer though…

I find it all very intriguing particularly his entry to court in a wheel chair. There may be a lot more to that than meets the eye.
Bearing in mind that no explanation was given regarding his alleged foot injury and the fact his whole body was heavily restrained in shackles.

His defence should have been incandescent about that. But they weren't

The issue is that CB is a flight risk and may vanish if he can. He has already failed in an appeal against refusal to parole him. But the present circumstances given that all arrest warrants against him have been dropped, allow him to go where he will when he has served his time early next year

Snip
CB is currently serving seven years in jail for raping a pensioner in Praia da Luz and had become eligible for parole after serving half of his sentence, taking into account time spent on remand.
...
CB is serving a seven-year jail term for a brutal 2005 sex attack on a 72-year-old woman and his application for early release has been rejected by the German authorities.

Maddie suspect branded 'danger to society' and denied parole amid claims he has an alibi

Prime suspect in the Madeleine McCann case has been denied parole as he claimed he could not have abducted her because he was miles away and an alibi will back him up.

www.lbc.co.uk

 

[frank-cole]

I find it all very intriguing particularly his entry to court in a wheel chair. There may be a lot more to that than meets the eye.
Bearing in mind that no explanation was given regarding his alleged foot injury and the fact his whole body was heavily restrained in shackles.

His defence should have been incandescent about that. But they weren't

The issue is that CB is a flight risk and may vanish if he can. He has already failed in an appeal against refusal to parole him. But the present circumstances given that all arrest warrants against him have been dropped, allow him to go where he will when he has served his time early next year

Snip
CB is currently serving seven years in jail for raping a pensioner in Praia da Luz and had become eligible for parole after serving half of his sentence, taking into account time spent on remand.
...
CB is serving a seven-year jail term for a brutal 2005 sex attack on a 72-year-old woman and his application for early release has been rejected by the German authorities.

Maddie suspect branded 'danger to society' and denied parole amid claims he has an alibi

Prime suspect in the Madeleine McCann case has been denied parole as he claimed he could not have abducted her because he was miles away and an alibi will back him up.

www.lbc.co.uk

I agree - if he’s released there is a grave danger to the public, especially to children & vulnerable people. Perhaps not initially but within a couple of years I wouldn’t be surprised if he was adding convictions 19 & 20 to his rap sheet. He’s a serial offender & nothing has stopped him from reoffending.

I think the defence have tried to paint a picture of him as a deteriorating ‘victim’, trying to garner some sympathy for the judges. It’s a clever move. CB could quite easily turn up everyday looking polished but they’ve chosen for him not to. In contrast the victims have been strong, well kept & bold.

I see the appeals as a positive development because if there was an element of bias, the appeals will have pulled attention on the judges & would create a more balanced trial. I think 4 very experienced defence lawyers all running 1 case, will likely be something the local court is not used to.

 

[frank-cole]

The defence were in place at least for two years before these five charges were made. FF and team are competent which is all the more reason for the prosecution to get its ducks in a row.

Unfortunately, the prosecution have gone to trial with what people must concede is fairly weak evidence and witnesses. TBH, obtaining evidence without a search warrant isn’t a loophole, it’s either stupid or deceitful.

in addition to the prosecution’s alarmist media campaign, this trial has swayed my view on the MM case… CB has nothing to do with it.

There are no photos, no footage, probably no decent witnesses - just a thesis that the prosecution tried so hard to make work but sadly for them it was in vain.

I don’t recall reading that the 4 defenders were all in place 2 years before the charges were made. Please can you substantiate this?

These cases have been very circumstantial. It doesn’t surprise me that a serial sexual offender is accused of other sexual offenses. Hazel’s account of her assault is very similar to Diane’s account of hers. I’m assuming you agree with the verdict in the DM case, I’d be very surprised if you didn’t. Do you acknowledge that the MO in both assaults was almost identical?

 

[frank-cole]

The charges he faces in the court in Braunschweig in Lower Saxony are for five unrelated and separate offences in Portugal:

• The rape of a woman aged 70 to 80 in her holiday apartment in Portugal between 2000 and 2006
• The rape of a German-speaking girl of at least 14 at a house where he lived in Praia de Luz, again between 2000 and 2006
• The rape of an Irish woman whose holiday flat he is alleged to have broken into from her balcony in Praia da Rocha in 2004. In all three rape cases, Brückner is accused of whipping the victim and filming the assaults
• Sexual abuse of a 10-year-old German girl on a beach in Salema in 2007. This was three and a half weeks before Madeleine McCann disappeared
• Forcing an 11-year-old girl to watch a sex act at a playground in Bartolomeu de Messines during a festival in 2017.

McCann suspect in German trial for unrelated sex offences

Christian Brückner faces five charges including rape attacks between 2000 and 2017 in Portugal.

www.bbc.co.uk

There is a lot more substance to the actual charges brought against CB than you care to mention and given the passage of time the miracle is that there is any at all.

But what is missing is that there is any question of impropriety associated with any of the charges laid in 2022 against CB.

What there is in abundance are "decent witnesses" who have

• personally given their evidence to the court
• who have watched as the court has disregarded their evidence and dismissed the charges before all the evidence has been heard

Lack of information certainly prejudices even an inkling of understanding of what that is about. But one thing it is not about is vile pornographic illegal material which is the property of CB being used illegally in any one of the current trial themes.
That blurs the issue, very much in the manner to which the judges have acquiesced by failure to rule it inadmissible. Very much in line with allowing serving police officers having to point out to the defence their inability to comment on an active investigation for which no charges have been laid.

The charges are clear and the role of the judge is to ensure everyone else follows suit under judicial direction.
My opinion

Exactly! Legally innocent & factually innocent aren’t the same thing. Nobody can really make the argument that he’s factually innocent but they can & will continue to, make the argument he’s legally innocent. Being legally innocent doesn’t equal factually innocent. But it’s much easier to discredit the prosecution by claiming the latter or by conflating the 2.
I’d like to live in a house where I could eat all the biscuits & even if my wife accuses me - because she didn’t see me eating them - it means I didn’t eat them & therefore won’t put the weight on pre beach season!

 

[Davieson]

The converse applies as well. Just because someone is found guilty of a crime doesn't mean that they actually are guilty, merely that it has been so determined by that court.
Think of all the miscarriages of justice that have been shown to have occurred over the years