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

[Dave55]

Who did the prosecution appeal to and if the prosecution appeals a not guilty verdict which chamber decides that

 

[Davieson]

Obviously a higher court than the one conducting the trial.
What grounds would they have for appealing a not guilty verdict ? They've already had their bias ploy discarded.

 

[Dave55]

Obviously a higher court than the one conducting the trial.
What grounds would they have for appealing a not guilty verdict ? They've already had their bias ploy discarded.

Discarded by who....which chamber

 

[Davieson]

Discarded by who....which chamber

What was reported was "the competent representatives rejected the Braunschweig public prosecutor's recusal request against the three professional judges of the chamber as unfounded.

I expect the German Courts know what they are about when deciding who would deal with the appeal.

 

[Dave55]

What was reported was "the competent representatives rejected the Braunschweig public prosecutor's recusal request against the three professional judges of the chamber as unfounded.

I expect the German Courts know what they are about when deciding who would deal with the appeal.

I'm sure they do

 

[Mex]

Obviously a higher court than the one conducting the trial.
What grounds would they have for appealing a not guilty verdict ? They've already had their bias ploy discarded.

A very fair question has been asked.

Like everything else there will be a process to be followed.

• the judges dismissed the arrest warrant naming CB in five serious sexual crimes

Snip
This is despite the German expat being caught exposing himself to a group of children in Portugal in 2017.

This afternoon a press release was issued by the court announcing that the warrant had been quashed.

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.”

EXCLUSIVE: Madeleine McCann suspect Christian Brueckner could be free within MONTHS after German court quashes arrest warrant that led to sex abuse trial - sparking fury among witnesses - Olive Press News Spain

A GERMAN court has quashed an arrest warrant that was issued for Madeleine Mccann suspect Christian Brueckner for a series of alleged sexual assaults and

www.theolivepress.es

Your reference to Prosecution objection as a "ploy" is a wee bit extraordinary given that this is part of the process.
Starting with the out of hand dismissal of evidence given by witnesses to the crimes who remember the sexual abuse very clearly indeed having been unwilling participants.

The defence and the judges queried the identification of the witness HB's description of her rape and the assailant's "piercing" blue eyes. An expert witness testified in support of her veracity.

There are numerous testimonies from witnesses to both sexual abuse charges.

Just as the German justice system is obliged to consider an accused person's right to a fair trial and the consideration of innocence, the balance has to be struck for the rights of victims of crime to have their evidence properly evaluated and listened to by the Courts.
This is particularly so with regard to sexual crimes; few of which can have been better catalogued than the rape of HB and the sexual exposure cases involving minors.

The next part of the process is the right of the prosecution to object to the defence driven objective of nullifying the value of the witness statements and thus the trial.
I repeat, "extraordinary" in the extreme - and certainly giving any thinking person cause to question exactly what has transpired with due process here. Not only is the prosecution entitled raise objection but it is absolutely essential to do so.
My opinion

 

[RichardKimble]

It's not sunk in as it.

landgericht-braunschweig.de

Proceedings before the 2nd Criminal Division in connection with five acts against sexual self-determination - file number 2 KLs 213 Js 52790/18 (15/22) - motion to recuse the three professional judges unfounded
In the proceedings 2 KLs 213 Js 52790/18 (15/22), the responsible representatives rejected the motion to recuse the Braunschweig public prosecutor's office against the three professional judges of the division as unfounded.

If the public prosecutor's office has also filed a further motion to recuse a professional judge, a separate decision will be made on this. The result of the decision will be announced by press release.

 

[Dave55]

It's not sunk in as it.

landgericht-braunschweig.de

Proceedings before the 2nd Criminal Division in connection with five acts against sexual self-determination - file number 2 KLs 213 Js 52790/18 (15/22) - motion to recuse the three professional judges unfounded
In the proceedings 2 KLs 213 Js 52790/18 (15/22), the responsible representatives rejected the motion to recuse the Braunschweig public prosecutor's office against the three professional judges of the division as unfounded.

If the public prosecutor's office has also filed a further motion to recuse a professional judge, a separate decision will be made on this. The result of the decision will be announced by press release.

Im interested in the case in the children's playground. Did CB say at the time he was taking a pee...or was this said later..if so when. It's very strange he's been able to get away with that charge

 

[Mex]

It's not sunk in as it.

landgericht-braunschweig.de

Proceedings before the 2nd Criminal Division in connection with five acts against sexual self-determination - file number 2 KLs 213 Js 52790/18 (15/22) - motion to recuse the three professional judges unfounded
In the proceedings 2 KLs 213 Js 52790/18 (15/22), the responsible representatives rejected the motion to recuse the Braunschweig public prosecutor's office against the three professional judges of the division as unfounded.

If the public prosecutor's office has also filed a further motion to recuse a professional judge, a separate decision will be made on this. The result of the decision will be announced by press release.

Your link highlights the Genesis of an apparently entirely different process from the issues which were brought before the Braunschweig court in February 2024.

The issues have not been judged and the accused has not been tried for the alleged crimes committed.

Only the innocent have been judged and found wanting by the failed process initiated in February of this year.

This process which if proven is designed for the protection of society and serving Justice for those injured by the occurrence of the crime and must allow the same entitlement enjoyed by the defence to demand a properly conducted process.

The prosecutors must have quite a good case for complaint, unless it is the norm in German trials to make definitive decisions about a trial prior to all the evidence being heard in court.
(For example we do know that the identification testimony of the rape survivor HB was unequivocally substantiated by expert witness testimony after the judges had announced their decision).
Snip
Braunschweig – The Braunschweig public prosecutor's office considers the three professional judges in the rape trial against CB to be biased and wants to have them replaced.

The reason for this is the Decision of Wednesday, by which the arrest warrant against the accused was lifted. It is to be feared that the criminal chamber has already formed its opinion on the question of crime and guilt, although the taking of evidence is still ongoing and trial dates are scheduled until October, the public prosecutor's office said.

Braunschweig: Neue Richter im Prozess gegen Maddie-Verdächtigen?

Braunschweig – Die Staatsanwaltschaft Braunschweig hält die drei Berufsrichter im Vergewaltigungs-Prozess gegen Christian B. für befangen.

www.bild.de

 

[Mex]

Im interested in the case in the children's playground. Did CB say at the time he was taking a pee...or was this said later..if so when. It's very strange he's been able to get away with that charge

That case alone proves the validity of the prosecutors' concern about the legal ruling and the stated reasons given for them.

 

[Denis R Tandib]

Im interested in the case in the children's playground. Did CB say at the time he was taking a pee...or was this said later..if so when. It's very strange he's been able to get away with that charge

There hasn’t been any acquittals or convictions for any crimes yet.

This is just the court’s judgement on the prosecution’s request to get the judges removed because they were biased. It was the prosecution clutching at straws and the request was refused.

The prosecution must surely doubt that they will get a conviction for a serious crime. IMO, they should stop wasting the court’s time and admit they don’t have enough evidence in these crimes and that their MM investigation is a fantasy.

Time for someone else to have their 15 minutes.

 

[Dave55]

There hasn’t been any acquittals or convictions for any crimes yet.

This is just the court’s judgement on the prosecution’s request to get the judges removed because they were biased. It was the prosecution clutching at straws and the request was refused.

The prosecution must surely doubt that they will get a conviction for a serious crime. IMO, they should stop wasting the court’s time and admit they don’t have enough evidence in these crimes and that their MM investigation is a fantasy.

Time for someone else to have their 15 minutes.

So you think there were two rapists in that smallish area with similar MOs

 

[Mex]

There hasn’t been any acquittals or convictions for any crimes yet.

This is just the court’s judgement on the prosecution’s request to get the judges removed because they were biased. It was the prosecution clutching at straws and the request was refused.

The prosecution must surely doubt that they will get a conviction for a serious crime. IMO, they should stop wasting the court’s time and admit they don’t have enough evidence in these crimes and that their MM investigation is a fantasy.

Time for someone else to have their 15 minutes.

You have confused the sequence of events making your post inaccurate.
The prosecutors complaint was in reaction to the judges' cancellation of the arrest warrant.
Therefore

1. cancellation of arrest warrant
2. complaint made of bias as a result

 

[UK Girl]

So you think there were two rapists in that smallish area with similar MOs

Wasnt it said it wasnt cross checked with others with similar MOS?

 

[JB1510]

Im interested in the case in the children's playground. Did CB say at the time he was taking a pee...or was this said later..if so when. It's very strange he's been able to get away with that charge

He did say at the time he was taking a pee even though there were public toilets were yards away. When asked why he didn’t use the public toilets CB said he was desperate. One of the fathers of the children he exposed himself to checked the area and it was bone dry . Yet somehow the defence clutching at straws claimed maybe he was just shaking after he urinated , yet the ground was bone dry. With regard to beach assault at Salema JE picked out CB from a collection of 8 photos when she could have chose none.

 

[UK Girl]

He did say at the time he was taking a pee even though there were public toilets were yards away. When asked why he didn’t use the public toilets CB said he was desperate. One of the fathers of the children he exposed himself to checked the area and it was bone dry . Yet somehow the defence clutching at straws claimed maybe he was just shaking after he urinated , yet the ground was bone dry. With regard to beach assault at Salema JE picked out CB from a collection of 8 photos when she could have chose none.

wasnt she initially unsure though? until his photo was widely circulated?

 

[JB1510]

wasnt she initially unsure though? until his photo was widely circulated?

No she did the line up pick out first , the BKA then showed her pictures of
CB around his van and then she couldn’t tell from those photos and was 50/50 iirc.

 

[JB1510]

DBM

 

[RichardKimble]

He did say at the time he was taking a pee even though there were public toilets were yards away. When asked why he didn’t use the public toilets CB said he was desperate. One of the fathers of the children he exposed himself to checked the area and it was bone dry . Yet somehow the defence clutching at straws claimed maybe he was just shaking after he urinated , yet the ground was bone dry. With regard to beach assault at Salema JE picked out CB from a collection of 8 photos when she could have chose none.

Is this court statements or newspaper articles?

 

[RichardKimble]

Your link highlights the Genesis of an apparently entirely different process from the issues which were brought before the Braunschweig court in February 2024.

The issues have not been judged and the accused has not been tried for the alleged crimes committed.

Only the innocent have been judged and found wanting by the failed process initiated in February of this year.

This process which if proven is designed for the protection of society and serving Justice for those injured by the occurrence of the crime and must allow the same entitlement enjoyed by the defence to demand a properly conducted process.

The prosecutors must have quite a good case for complaint, unless it is the norm in German trials to make definitive decisions about a trial prior to all the evidence being heard in court.
(For example we do know that the identification testimony of the rape survivor HB was unequivocally substantiated by expert witness testimony after the judges had announced their decision).
Snip
Braunschweig – The Braunschweig public prosecutor's office considers the three professional judges in the rape trial against CB to be biased and wants to have them replaced.

The reason for this is the Decision of Wednesday, by which the arrest warrant against the accused was lifted. It is to be feared that the criminal chamber has already formed its opinion on the question of crime and guilt, although the taking of evidence is still ongoing and trial dates are scheduled until October, the public prosecutor's office said.

Braunschweig: Neue Richter im Prozess gegen Maddie-Verdächtigen?

Braunschweig – Die Staatsanwaltschaft Braunschweig hält die drei Berufsrichter im Vergewaltigungs-Prozess gegen Christian B. für befangen.

www.bild.de

No it is not an entirely different process, the number is the same [ 2 KLs 213 Js 52790/18.] this number is the one allocated, the link I provided is a press release from the Higher regional court declaring the prosecution attempt to have the three professional judges removed a failure, what's hard to grasp about that.The date of the release is 22/07/2024