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.

 

[Denis R Tandib]

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.

Over the years we’ve discussed this. We’ll never know if CB is a marked man but IMO, there are indicators that he is.

 

[Dave55]

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

But all the evidence has not been heard.

 

[Davieson]

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.

I would agree with that. There appears to have been an attempt to pursue him for anything and everything that they can lay at his door.
IMO

 

[Dave55]

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.

Do you not think it's wrong of the judges to claim there's no evidence when all the evidence has not been heard

 

[Denis R Tandib]

But all the evidence has not been heard.

Clearly the judges have heard enough.

 

[Mex]

Sounds as if they are a bit peeved.

Sounds as if due process might have been circumvented.

It is normal that all the evidence is heard before a court reaches a decision. This premature ruling is timed well to give warning that might never have been the case in this five trial happening.

It is right and proper it faces scrutiny in the interests of justice.
My opinion

 

[Niner]

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?

from my notes:
A ‘chamber of representatives’ in Braunschweig must now make a ruling on the extremely rare application by early August. If the prosecution application is successful, the trial will collapse & a retrial would have to take place.

 

[Dave55]

It could be that the judges are not pleased with Wolters claims of guilt...so are giving woltrs a taste of his own medicine

 

[RichardKimble]

But all the evidence has not been heard.

According to the Olive more have been heard this morning including the eye expert who sides with HaB.

Chaos at trial of Madeleine McCann suspect Christian Brueckner as prosecutors accuse judges of 'bias' over shock quashing of paedophile's arrest - Olive Press News Spain

THE judges who quashed the arrest warrant for Madeleine McCann suspect Christian Brueckner have been accused of bias by prosecutors. Three judges at

www.theolivepress.es

Three judges at Braunschweig court in Germany sensationally ruled this week that the arrest of the paedophile that led to his multiple sex crimes trial was unlawful due to ‘a lack of credible evidence’.

It raised the prospect of the cases being thrown out and of Brueckner being released into the public within months.

The decision sparked fury among witnesses in the trial who said they had spent years of their lives trying to bring the predator to justice.

But in a court press release, seen by the Olive Press, prosecutors are demanding the three judges be recused due to alleged bias.


It reads: “The Braunschweig public prosecutor’s office has filed a motion to recuse the three professional judges of the 2nd Criminal Division due to concerns of bias.

“If the Chamber considers the motion to be admissible, the responsible representative chamber will decide on the question of bias by the next day of the hearing on August 5, 2024.”

The court case meanwhile continued this morning hearing from more witnesses and specialists.

In particular the judges heard from an eye specialist about whether victims can recognise their attackers just from their eyes.

It came after Irish rape victim Hazel Behan claimed she is certain that Christian Bruckner was her attacker in 2004 after recognising his piercing blue eyes.


The doctor sensationally told the court that Hazel was ‘in the right’ and it was possible.

Angering Brueckner’s lawyer Friedrich Fulscher, he explained that it is possible, to remember blue eyes, ‘even in near darkness’. No other colour is possible.

A number of other witnesses who were close to Behan at the time of the attack on the Algarve were also due to be heard this morning.

 

[Denis R Tandib]

Do you not think it's wrong of the judges to claim there's no evidence when all the evidence has not been heard

Do you really think the prosecution has something that could tip the balance?

The evidence so far amounts to a couple of alcoholic ex cons and some illegally obtained USB drives.

The warrant has been lifted because the prosecution’s case is a shambles.

I admire your resolve but the shipped has sailed.

 

[RichardKimble]

Do you not think it's wrong of the judges to claim there's no evidence when all the evidence has not been heard

Has the actual e mail been seen? that says no evidence?

 

[Davieson]

It could be that the judges are not pleased with Wolters claims of guilt...so are giving woltrs a taste of his own medicine

That would be rather petty
I believe judges would be above that sort of thing.