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

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On the surface, it looked like the one charge likely to incur a conviction but, at trial, the evidence just wasn't clear cut enough to pass the BARD test. The defence argument of a drunk CB caught short and peeing couldn't be discounted, particularly when there was only one witness and she, as an 11yr old, didn't know enough to be able to say with confidence that what he was doing was masturbating as opposed to the defence argument that he was merely shaking himself off after having a pee. CB's obviously guilty of exposing himself in a public place, there's no argument against that, just that there's no way of conclusively apportioning the intent the prosecution claimed on his part.

And that's what the judge has had to weigh up and come to a conclusion about. Which she has.

And as someone privy to all the background and evidence put forward in this trial, we need to trust her decision-making here and accept that the justice that we want delivered is being delivered.

Unless of course some don't like the turn this trial has taken and are now looking for reasons to question and discount her findings? Surely not? That would so not be in the spirit of wanting justice to be served.

The mother of one of the children CB allegedly masturbated in front of with his trousers around his ankles put it succinctly when explaining her horror at the implication.
Snip
“If he had snatched one of the children and put them in his van, we might never have seen them again.
“He could have gone anywhere. It’s still something that haunts me. I was left feeling very frightened. I think we were very lucky.”
“My daughter was eight at the time. He spoke to her in English and asked her, ‘What’s your name?’
“It’s very traumatic knowing that someone who’s been linked to so many cases and is perhaps a very dangerous man was so close to my little girl".


Some may think that what occurred beneath the slide in the playground in San Bartolomeu de Messines is a lesser sexual crime.

It is not. It is a very serious crime indeed as the mother quoted above realised only too well.

CB was arrested by an off duty police officer and remanded in custody. Sexual offences of any kind are exceedingly difficult to prove even with slam dunk evidence of this calibre. How often is there a representative of law and order present at the scene of a crime while it is being committed and able to take charge of the situation??

Unfortunately the court position as it stands illustrates the difficulty for victims and prosecutors of serious sexual crimes. Some rape survivors don't report what happened to them; some don't have a choice when they end up as jane doe on a mortuary slab: the reality for women and sex crimes has not been enhanced here and one can appreciate why such attitudes lead to cases going unreported.
That is not justice - it is a rapist's charter
My opinion
 
Friday, July 5th:
*Trial continues (Day 26) (@ 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 (unknown victim) (on tape: 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 (unknown victim) a Tour Rep (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 – Ines VP (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 began on February 16, 2024. (And continued on Feb. 23rd, Mar. 1st & 14th, Apr. 2nd, 10th, 12th, 17th, 19th, 24th & 26th, May 2nd, 15th, 166th, 17th, 21st, 22nd, 23rd, 28th, 29th & June 4th & 5th & 28th).
Next Trial dates: July 5, August 5, 15, 16, Sept. 5, 6, 25, 26, 27, Oct. 2, 7, 8, 21 & Oct. 22, 2024. (Expected to last up to 8 months, it was 3 months).
Presiding Judge Dr. Engemann. Lead Prosecutor Ute Lindermann. Defense attorneys Dr. Friedrich Fülscher, Philipp Marquort, Dennis Bock & Atilla Aykac.
Brueckner is currently serving a 7 year sentence for the 2005 rape on a pensioner; was sentenced in 2019. Release in 2026.
For Summary of events in trial so far – see post #329, page 17, thread #4.

Case info & charges & Brueckner info from June 1, 2020 thru Jan. 18, 2024 & Trial Day 1-24 (Feb. 16 thru June 6) reference post #389 here:
https://www.websleuths.com/forums/t...imes-praia-de-rocha-portugal-4.714269/page-20

June 28, 2024 Friday, Day 25: The Braunschweig Regional Court did not want to comment in advance on the possible content of the evidence program on Friday. However, it is likely to be a short day of trial because the trial is scheduled to begin at 12pm & the Braunschweig courthouse usually closes at around 1pm on Fridays. An ophthalmologist is expected as a witness. The defense had requested an appropriate opinion to clarify whether a perpetrator could only be recognized by the eyes. In the case of an Irish woman who was raped in Portugal in 2004, the person concerned had reported as a witness of ... piercing blue eyes “. „ His eyes, I think this man is the attacker “, she told the court. The defense simply considers recognition based on the blue eye color to be impossible. Might have been a “no show”.
For more info see posts #395 here:
https://www.websleuths.com/forums/t...imes-praia-de-rocha-portugal-4.714269/page-20
Trial continues on Friday, July 5, 2024.

*July 1, 2024 Update: Proceedings before the 2nd Criminal Chamber in connection with five offences against sexual self-determination - file number 2 KLs 213 Js 52790/18 (15/22) - Two further continuation dates. Friday, 6 Sept. 2024, 9am & Wednesday, 25 Sept. 2024, 9am.
*The last appointment before the summer break that lasts a month. The trial against Christian B. will only continue on August 5, 2024.
*July 3, 2024 Update: This afternoon a press release was issued by the court announcing that the warrant had been quashed. A judge at Braunschweig Court agreed with Brueckner’s defence that there was not enough evidence to keep him behind bars for five separate sex offences. Ute Engemann believes that the evidence in the case of three rapes & two child abuse cases is not strong enough. The document says that ‘the Chamber cancels the arrest warrant.’ It adds: “In proceedings 2 KLs 213 Js 52790/18 (15/22) in connection with five acts against sexual self-determination, the Chamber revoked the arrest warrant at the request of the Defence because the Chamber denies an urgent suspicion of all charges.” The move is almost certain to be appealed & will cause huge controversy. An acquittal seems increasingly likely (per reporter). The lifting of his arrest warrant does not mean that he will now walk out of the court as a free man.
 
Snip
“I asked him what he was doing with his trousers down.
...
He got up and started doing his flies up.

Whether inebriated on alcohol or drugs he was not so 'out of it' not to realise the expediency of covering his nakedness when confronted with angry fathers who wanted to do him harm.

Snip
“I asked him what he was doing with his trousers down.
...
He got up and started doing his flies up.

Whether inebriated on alcohol or drugs he was not so 'out of it' not to realise the expediency of covering his nakedness when confronted with angry fathers who wanted to do him harm.
So he got up and started doing his trousers up...who urinates sitting on the floor
 
The public prosecutors office has made a complaint about the court, saying it's biased.Paywalled.


Braunschweig. After the arrest warrant against Christian B .: Braunschweig public prosecutor doubts the impartiality of the chamber.

 
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The public prosecutors office has made a complaint about the court, saying it's biased.Paywalled.

Braunschweig. After the arrest warrant against Christian B .: Braunschweig public prosecutor doubts the impartiality of the chamber.


The plot thickens...
 
It's an important point....
Indeed it is. Particularly given the exceeding difficulty of interpretation of the dribs and drabs of information emanating from the court without a systematic formula to follow.

I was struck by the statement made by the mother of the eight year old girl who was one of the children exposed to the debauchery exhibition in the Messines playground.

She said the children's assailant spoke to her daughter in English when he asked her name.

Why would he do that.

Why would he ask a young Portuguese child he had accosted in a Portuguese playground a question not in Portuguese but in English.
 
The plot thickens...
What are they questioning, the court is biased to CB ? the defence team? Or their releasing the arrest warrant? Interesting times again, doubt we'll hear anything until August.
 
So a man can't sit and urinate is your argument? What matters is the court.
Precisely...a man stands to urinate...it seems the court is accused of bias and the prosecution has filed a motion to dismiss the chamber based on bias
 
So the public prosecutors office has no confidence in its court system, what's the alternative?
 
What are they questioning, the court is biased to CB ? the defence team? Or their releasing the arrest warrant? Interesting times again, doubt we'll hear anything until August.
It's that the court is biased against the prosecution
It seems the chamber did not address the points raised on Thursday when it cancelled the warrant and that it has already decided on innocence before all the evidence has been heard
 
If the application in effect is to annul the court proceedings will a retrial take part, if unsuccessful will the prosecution drop the charges?
 
The plot thickens...
Checks and balances.
The court has bent over backwards in its efforts to maintain a level playing field for the accused. If that effort impinges on the rights of complainants it is just that the balance is challenged and rectified.

At a stroke this court's decision has nullified the rights of all the complainants in five separate trials. That takes some doing!
My opinion
 
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