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

[ChatteringBirds]

If you've been attending the trial, what's your opinion regarding the likelihood of at least one conviction? Because it sounds to us as if it's not heading that way for any of the cases...

 

[RichardKimble]

I'm not sure CB limping into court has made the prosecution say the trial judges are biased, but there you go just an observation.

 

[Davieson]

I'm puzzled as to why the prosecution should think the judge bias. Its not as if the defendant is a likable, charismatic character who has charmed her into bending the rule in his favour.

 

[UK Girl]

I'm puzzled as to why the prosecution should think the judge bias. Its not as if the defendant is a likable, charismatic character who has charmed her into bending the rule in his favour.

because it is easier than accepting their evidence was not up to it?

 

[RichardKimble]

CB might well be the most obnoxious individual, that is not the issue, the issue is will the weight of evidence convict, it seems not, why it must be asked?

 

[MadMcGoo]

MOD NOTE:

Please post in English or provide English translations on the thread. WS is based in the USA. Our Mods and Admins are not fluent in every single language and are far too busy to be searching for translations.
Thanks so much!

 

[C.greek]

I'm puzzled as to why the prosecution should think the judge bias. Its not as if the defendant is a likable, charismatic character who has charmed her into bending the rule in his favour.

I don't think it has to do with the defendant but the defence team. Jmo

 

[RichardKimble]

I don't think it has to do with the defendant but the defence team. Jmo

Perhaps they produce a better argument or interpretation of the evidence.

 

[C.greek]

Perhaps they produce a better argument or interpretation of the evidence.

We have no idea really what is going on in that courtroom... too many references to other cases, imo from the defence. Could well prepare for another lawsuit, and the judges wouldn't want to seem being partial, hence the acquittal for now of the arrest warrant? Who knows!!

 

[Mex]

Still trying to find an article - in English, hopefully - but not coming up with anything.... The most current one is dated July 4th - before his hearing on Friday, July 5th.
Hopefully someone else here can find out WHO was on the stand. I read a mention of the eye doctor & 2 witnesses (from Finland??) were on Friday. TIA!

The only information I've come across mentions the backing given by the eye doctor to HB's witness statement regarding her recognition of her assailant's eyes and her certainty that they were CB's.
Other witnesses were called but nothing specific.

Snip
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.

BREAKING: Chaos at trial of Madeleine McCann suspect Christian Brueckner as prosecutors accuse judges of ‘bias’ over shock quashing of paedophile’s arrest - The English Emigre

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

englishemigre.com

 

[tedtink]

Still trying to find an article - in English, hopefully - but not coming up with anything.... The most current one is dated July 4th - before his hearing on Friday, July 5th.
Hopefully someone else here can find out WHO was on the stand. I read a mention of the eye doctor & 2 witnesses (from Finland??) were on Friday. TIA!

"The discussion focused on whether recognition of a perpetrator is possible solely based on eye color. The expert stated in this context that blue eyes can be recognized even in the dark.
Background is the case of an Irish woman who was raped in Portugal in 2004. She testified as a witness about "striking blue eyes." "His eyes, I believe, this man is the attacker," she told the court. The defense argued that recognition based on eye color alone is impossible."

Abuse trial against Christian B. continues

Braunschweig - The abuse trial against Christian B., who is also a suspect in the Maddie case, continued with the testimony of an expert witness.

aussiedlerbote.de

 

[Mex]

"The discussion focused on whether recognition of a perpetrator is possible solely based on eye color. The expert stated in this context that blue eyes can be recognized even in the dark.
Background is the case of an Irish woman who was raped in Portugal in 2004. She testified as a witness about "striking blue eyes." "His eyes, I believe, this man is the attacker," she told the court. The defense argued that recognition based on eye color alone is impossible."

Abuse trial against Christian B. continues

Braunschweig - The abuse trial against Christian B., who is also a suspect in the Maddie case, continued with the testimony of an expert witness.

aussiedlerbote.de

It was actually a very busy court day with some witnesses continuing to testify in the trial which proceeds in the face of CB's arrest warrant for the five crimes being tried having been cancelled.

How can the judges do that when the evidence they have derided has not even been presented in court. For example the eye evidence demanded by the defence.

Snip

1. During the abuse trial, the defense argued that recognition based solely on eye color, as mentioned by a witness with 'striking blue eyes', is implausible.
2. The expert in the trial, disputing the defense's claim, suggested that even in the dark, blue eyes like those of the Portuguese suspect could be identified.

Abuse trial against Christian B. continues

Braunschweig - The abuse trial against Christian B., who is also a suspect in the Maddie case, continued with the testimony of an expert witness.

aussiedlerbote.de

So it would seem the trial "continues" with the arrest warrant being cancelled and before all the evidence has been heard.
That is not justice.

The learned judge herself demanded a close look at the suspect's eyes after the plaintiff testified in court. So she had questions about that. Unfortunately she didn't give her own court the courtesy of waiting to hear the testimony of an expert witness before rubbishing the evidence she had not heard.
That is not justice. It remains to be seen how far the procurator's office will be able to take the complaint against it.
My opiniom

 

[mrjitty]

Posters are aware the arrest warrant decision is not the verdict in the case right?

It's an ancillary order at a different burden of proof. All it really means is that if CB were not already jailed for different offences, he'd currently be out on bail. IMO

Also - the Judge already knows all the briefed evidence, and most of core the testimony at this stage. She can obviously make a decision about an arrest warrant on the papers. One was made on the papers ahead of trial!

 

[Mex]

Posters are aware the arrest warrant decision is not the verdict in the case right?

It's an ancillary order at a different burden of proof. All it really means is that if CB were not already jailed for different offences, he'd currently be out on bail. IMO

Also - the Judge already knows all the briefed evidence, and most of core the testimony at this stage. She can obviously make a decision about an arrest warrant on the papers. One was made on the papers ahead of trial!

Great if you would kindly inform posters of exactly what is going on here and the legal justifications for it.

If the prosecutor's office is concerned enough to raise an objection of bias against the three sitting trial judges I am firmly taking my lead from that.

Given that years back the system approved the arrest warrant for this suspect and has spent years getting it to this stage in a court to have it thrown out without explanation and witnesses still to be heard.

 

[Mex]

Posters are aware the arrest warrant decision is not the verdict in the case right?

It's an ancillary order at a different burden of proof. All it really means is that if CB were not already jailed for different offences, he'd currently be out on bail. IMO

Also - the Judge already knows all the briefed evidence, and most of core the testimony at this stage. She can obviously make a decision about an arrest warrant on the papers. One was made on the papers ahead of trial!

The argument is not that this action by the three judges is the verdict.
The argument is that the verdict will thus be affected.

Snip
" It is to be expected that the Criminal Chamber has already formed its opinion on the fact and guilt question, although the evidence collection is still ongoing and trial dates have been scheduled until October, the Prosecutor's Office stated."
...
"According to the information provided by the Braunschweig Regional Court, the competent chamber of representation will decide on the question of bias until the next hearing on August 5th, if the rejection application is deemed admissible."

Nothing from the judges about how they reached their conclusion.
Among grounds for the prosecution complaint are that

1. C B., currently in custody in Lower Saxony's Braunschweig, is facing charges at the Braunschweig Regional Court for five sexual offenses, including three rapes and two cases of child sexual abuse, which allegedly took place in Portugal between 2000 and 2017.
2. The Public Prosecutor's Office in Great Britain is also investigating C B. in connection with the 2007 disappearance of MM from a Portuguese holiday complex, although this case is not directly linked to the current proceedings in Braunschweig.
3. The rape case against C B. has garnered significant attention, as he is currently serving a prison sentence for rape in Germany, which was also handed down by the Braunschweig Regional Court.
4. Although the arrest warrant against Christian B. was revoked on Wednesday, the three professional judges presiding over the case are still being held in custody by the Public Prosecutor's Office, with the intention of releasing them pending the outcome of the competent chamber's decision on bias. (I don't know what that means, but obviously not what it says! translation!)
5. In addition to requesting the replacement of potentially biased judges, the Public Prosecutor's Office in Braunschweig is planning to file a complaint against the ruling that revoked the arrest warrant for Christian B.
6. The children who were victims of the sexual abuse committed by Christian B. in Portugal are likely to have been affected by the crimes and the subsequent court proceedings, adding an additional layer of complexity to the case.

Public prosecutor's office: new judges in the Christian B. trial

Braunschweig - The Braunschweig public prosecutor's office considers the three professional judges in the rape trial against Christian B. to be biased and wants them

aussiedlerbote.de

 

[mrjitty]

The argument is not that this action by the three judges is the verdict.
The argument is that the verdict will thus be affected.

Snip
" It is to be expected that the Criminal Chamber has already formed its opinion on the fact and guilt question, although the evidence collection is still ongoing and trial dates have been scheduled until October, the Prosecutor's Office stated."
...
"According to the information provided by the Braunschweig Regional Court, the competent chamber of representation will decide on the question of bias until the next hearing on August 5th, if the rejection application is deemed admissible."

Nothing from the judges about how they reached their conclusion.
Among grounds for the prosecution complaint are that

1. C B., currently in custody in Lower Saxony's Braunschweig, is facing charges at the Braunschweig Regional Court for five sexual offenses, including three rapes and two cases of child sexual abuse, which allegedly took place in Portugal between 2000 and 2017.
2. The Public Prosecutor's Office in Great Britain is also investigating C B. in connection with the 2007 disappearance of MM from a Portuguese holiday complex, although this case is not directly linked to the current proceedings in Braunschweig.
3. The rape case against C B. has garnered significant attention, as he is currently serving a prison sentence for rape in Germany, which was also handed down by the Braunschweig Regional Court.
4. Although the arrest warrant against Christian B. was revoked on Wednesday, the three professional judges presiding over the case are still being held in custody by the Public Prosecutor's Office, with the intention of releasing them pending the outcome of the competent chamber's decision on bias. (I don't know what that means, but obviously not what it says! translation!)
5. In addition to requesting the replacement of potentially biased judges, the Public Prosecutor's Office in Braunschweig is planning to file a complaint against the ruling that revoked the arrest warrant for Christian B.
6. The children who were victims of the sexual abuse committed by Christian B. in Portugal are likely to have been affected by the crimes and the subsequent court proceedings, adding an additional layer of complexity to the case.

Public prosecutor's office: new judges in the Christian B. trial

Braunschweig - The Braunschweig public prosecutor's office considers the three professional judges in the rape trial against Christian B. to be biased and wants them

aussiedlerbote.de

Good luck to them, but as a general rule it is a heavy lift to get Judges removed from a case for actual bias, merely for making a decision adverse to one side.

 

[Mex]

Good luck to them, but as a general rule it is a heavy lift to get Judges removed from a case for actual bias, merely for making a decision adverse to one side.

There you have it.

And it is primarily what this apparently highly unusual legal argument is all about and not as you say in your perfect example defining bias, "merely for making a decision adverse to one side".

The trial judge's function is to make a fair and balanced assessment of all the evidence presented in court without fear or favour. The judges' decision has circumvented that process as we have already seen, by the continuance of the trial and witnesses giving evidence two days after the withdrawal of the arrest warrant.

Just as the accused is entitled to a fair trial complainants are also entitled to a fair trial with all the evidence having been heard before arbitrary decisions are handed down by the court.

Imagine the defence reaction had such a biased decision affected the trial against the suspect.

All very weird indeed.
My opinion

 

[mrjitty]

There you have it.

And it is primarily what this apparently highly unusual legal argument is all about and not as you say in your perfect example defining bias, "merely for making a decision adverse to one side".

The trial judge's function is to make a fair and balanced assessment of all the evidence presented in court without fear or favour. The judges' decision has circumvented that process as we have already seen, by the continuance of the trial and witnesses giving evidence two days after the withdrawal of the arrest warrant.

Just as the accused is entitled to a fair trial complainants are also entitled to a fair trial with all the evidence having been heard before arbitrary decisions are handed down by the court.

Imagine the defence reaction had such a biased decision affected the trial against the suspect.

All very weird indeed.
My opinion

Typically when a judge makes an error of law, it's appealable. Such an error, even a very bad one, does not usually give grounds for removal for bias.

In this case, the Judges role is to hear the case and form views on each sides presentation, and the evidence - 100% of which the Judge already has on paper - and all the critical fact witnesses heard. To my mind, the fact that the Judge, at this point, has reached the view the case does not support the warrant anymore, is a finding of fact & law that the Judge is entitled to reach.

However if that decision is legally wrong, the prosecution will no doubt successfully appeal it.

Personally I will be highly surprised if the Judges are removed in the middle of the trial.

MOO - not a german lawyer.

 

[Mex]

Typically when a judge makes an error of law, it's appealable. Such an error, even a very bad one, does not usually give grounds for removal for bias.

In this case, the Judges role is to hear the case and form views on each sides presentation, and the evidence - 100% of which the Judge already has on paper - and all the critical fact witnesses heard. To my mind, the fact that the Judge, at this point, has reached the view the case does not support the warrant anymore, is a finding of fact & law that the Judge is entitled to reach.

However if that decision is legally wrong, the prosecution will no doubt successfully appeal it.

Personally I will be highly surprised if the Judges are removed in the middle of the trial.

MOO - not a german lawyer.

It actually isn't too difficult to have a judge accused of bias removed from a trial. Which is exactly what happened on the first day of this trial presently under discussion..

Good luck to them, but as a general rule it is a heavy lift to get Judges removed from a case for actual bias, merely for making a decision adverse to one side.

I would not be at all surprised if the grounds exist showing bias the judges in this instance too will be dismissed, however expensive and inconvenient that would be and the time factor of securing a trial date and arranging witnesses.

The accused did stand indicted of very serious sexual offences covering a a long period and given the peripatetic nature of his lifestyle probably took a lot of time and effort to build a case.
Given the nature of the offences it is a very motivated judge who will hand him the key to the door without ensuring every iota of evidence is scrutinised.

For example the result of defence objection to the eye evidence was not heard until after the arrest warrant had been dropped.
The expert testimony confirmed the witness testimony and refuted the defence denial. Lumping it all under the umbrella of not being good enough.
It defies logic to dictate particularly that evidence which hasn't been heard just isn't good enough; as well as being unfair.

Sometimes life is unfair but we have a court system which tries to cut that down as far as possible. And that involves listening to and evaluating all the evidence to hand before rushing to judgement.

The prosecution are obliged to challenge the court and that just should never have been necessary. Obviously something has gone wrong somewhere to the due process and it requires to be checked out.
My opinion