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

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Would winning an appeal not undermine the credibility of the court and the judges and require a re-trial ?
 
Would winning an appeal not undermine the credibility of the court and the judges and require a re-trial ?

No.

I am not sure if what they are discussing is the equivalent of an interlocutory appeal, only about the arrest warrant, or an appeal of the impending acquittal.

MOO
 
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.

There is a problem regarding the process of the five cases for which CB is indicted of which not a single solitary one has the slightest bearing on MM. And that problem is that the the focus is not so much concerned with dealing with serious sexual criminality but on a case for which no charges have as yet been laid.

Hypothetically thinking and regarding the incident on Salema beach on April 2007 when CB was allegedly naked and concentrating on bodily functions other than a pee pee - the potential there is horrendous had the child's family not appeared at the scene.
The judge might explain why the court thought their eye witness testimonies of a potential abduction backed up with police reports at the time didn't make the grade in this trial.
 
No.

I am not sure if what they are discussing is the equivalent of an interlocutory appeal, only about the arrest warrant, or an appeal of the impending acquittal.

MOO

Would the time for deciding that appeal not have been followed through pre trial and at the time when charges were laid in 2022.

On the other hand you may be correct in that it is circumvention of a future appeal.
The judge may be applying belt an braces.
 
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 evidence as been rejected by the court because of bias.there is more but It's paywalled.

BKA chief profiler Harald Dern had once set up quality standards for case analysis itself, which the Chamber considered to be violated in the Christian B. case. Dern may have to explain how this could have happened in the process. In any case, he may no longer refer to the individual case analyzes and relate the findings of his three colleagues for his upcoming lecture on the comparative case analysis of the deeds at the expense of Diana M. and Hazel B. His expert lecture should only be based on his impression from the questioning of Hazel B.


 

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