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

[Mex]

So the public prosecutors office has no confidence in its court system, what's the alternative?

Forgive me if I've got this wrong but is it appropriate that a prosecution service should be considered to be hand in glove with the judiciary?
Your reference to the prosecution and the court implies a lack of impartiality; not only does the court system 'belong' to the prosecutor, it 'belongs' to the accused and the people. Judgement has to be impartial.
My opinion

 

[Trivento]

Lawyers want 'biased' judges thrown off trial of Madeleine McCann suspect

Madeleine McCann suspect Christian Brueckner is on trial for his alleged sex crimes which are not linked to the missing child case - prosecutors have called for a change in judges

www.mirror.co.uk

 

[Hygge]

“

Proceedings at the Braunschweig Regional Court for crimes against sexual self-determination - Public prosecutor's office makes a request for rejection against court for concern of bias​

PRESS RELEASE FROM 05.07.2024​

The Braunschweig Public Prosecutor's Office today has filed a request for rejection against the professional judges of the 2nd Criminal chamber in criminal proceedings on charges of several acts against sexual self-determination to the Braunschweig Regional Court for concern of partiality.
The occasion is the decision of the 2nd Criminal Chamber of 03.07.2024, which revoked the arrest warrant of 18.11.2022 against the accused. In the opinion of the Braunschweig Public Prosecutor's Office, this decision documents circumstances that give rise to the assumption that the Criminal Chamber has already gained a final conviction by bypassing the arguments of the public prosecutor's office on the question of crime and guilt, which can no longer be shaken by the pending taking of evidence.
For the public prosecutor's office, there is no doubt that the chamber is not prepared to deal only with the arguments of the public prosecutor's office at all. It is therefore to be seriously feared that the Chamber has already formed its opinion on the question of crime and guilt now and thus long before the conclusion of the main hearing, which is not to be concluded until October, and the further taking of evidence will not change this. From the point of view of the public prosecutor's office, this is an unjustified presumption of the result of the taking of evidence.
The legal hearing granted to the public prosecutor's office was clearly only of a formal character. The public prosecutor's office was given the opportunity to comment on the defense's request for the annulment of the arrest warrant. However, the arguments of the public prosecutor's office were not taken up at any point in the reasons for the decision. The chamber did not deal with the arguments of the public prosecutor's office that would have opposed the lifting of the arrest warrant at all. Therefore, the public prosecutor's office fears that the chamber has not taken note of the statement.
After all this, from the point of view of the Braunschweig Public Prosecutor's Office, there is serious concern of bias, against the background of the assumption that the Criminal Chamber has already committed itself to an acquittal result of evidence and that the pending evidence collections no longer have any meaning and can no longer influence the assessment of the chamber.
The public prosecutor's office has therefore requested the rejection of the judges involved and the replacement of impartial judges.
In addition, it is intended to oppose the decision to cancel the 2nd Criminal Chamber of 03.07.2024 to file a complaint.”

Verfahren am Landgericht Braunschweig wegen Straftaten gegen die sexuelle Selbstbestimmung- Staatsanwaltschaft stellt Ablehnungsgesuch gegen Gericht wegen Besorgnis der Befangenheit | Staatsanwaltschaft Braunschweig

 

[Davieson]

Sounds as if they are a bit peeved.

 

[Denis R Tandib]

Sounds as if they are a bit peeved.

If you can’t play the ball, play the man! What nonsense.

We’ve heard on this forum how meticulous and thorough the German investigation was. How the charges would only be made if a conviction were a certainty. How the public claims must mean CB is guilty.

The reality of course was evidence weaker than a house of cards. The view from the court is based on the evidence the prosecutors put in front of it. Evidence we were assured by posters on this forum would surely convict CB of more aggravated rapes and sexual abuse, and would pave the way for a sure-fire conviction of CB for MM’s murder.

To the rest of us, the prosecution showed their weak hand with their over zealous statements.

CB is a sexual criminal. However, the evidence against him proves nothing in German law. IMO, he has nothing to do with MM. The prosecutors should acknowledge their whopper of a mistake and start focusing on more mundane but real crimes within their jurisdiction.

 

[RichardKimble]

Sounds as if they are a bit peeved.

If the defence can according to some use objections as a means of delay it's only right and proper the prosecution do the same.Who does the appeal go to the Federal courts,? any one know?

 

[Denis R Tandib]

If the defence can according to some use objections as a means of delay it's only right and proper the prosecution do the same.Who does the appeal go to the Federal courts,? any one know?

They can appeal to who they want, a lay person can see that the decision is based on the evidence not bias

 

[RichardKimble]

They can appeal to who they want, a lay person can see that the decision is based on the evidence not bias

From the press release the prosecution are throwing the toys out the pram because they didn't think the judges took into consideration the objections to the lifting of the arrest warrant, something seems personal in that CB must be convicted.