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

[Mex]

I do know when an appeals proceedings happen but my point was if they lost and can appeal it anyhow whats the issue? It was said years ago they have the evidence and yet ? This trial has been a shambles IMO

The evidence was in place to enable five indictments to be served which allowed the five serious sexual assaults to go to trial.

I do tend to agree with you that the present trial may well have been a shambles as indicated by what little evidence there is eventually reaches the public domain.
The thing about that is that in Germany it is the judiciary which is responsible for running trials not the prosecutor's office.

 

[Davieson]

I think I'll wait and see if there is an appeal, rather than get all excited over a possibility that there might be one.

 

[RichardKimble]

I think I'll wait and see if there is an appeal, rather than get all excited over a possibility that there might be one.

Well yes the verdict might go the way of guilty.

 

[frank-cole]

Well yes the verdict might go the way of guilty.

In which case, there’ll be an appeal. From the defence.

 

[mrjitty]

challenging a search warrant doesn’t have anything to do with the quality of the evidence or nature of the case.

otherwise police would be incentivised to do illegal searches, knowing if they find strong evidence the court will give them a pass

the sting of having hard evidence thrown out is what forces police to establish probable cause.

 

[Mex]

challenging a search warrant doesn’t have anything to do with the quality of the evidence or nature of the case.

otherwise police would be incentivised to do illegal searches, knowing if they find strong evidence the court will give them a pass

the sting of having hard evidence thrown out is what forces police to establish probable cause.

The point is that the search warrant to which you refer (not sure because you have not been specific) and which was brought to the the Braunschweig court which is in the process of hearing the five serious sexual offences of which CB is accused, is an irrelevance.

As far as I am aware no hard evidence from any of the five cases being tried has been 'thrown out'. With what has been submitted given a hearing.

The problem being the inclusion and distraction of an unrelated case.

All of which raises the conundrum of five legally constituted cases ready for the continuation of the legal process leading to resolution being side-tracked by a case which is still under investigation and not yet ready for an indictment to be handed down.

It raises two salient points regarding human rights

• the inalienable right of the presumption of innocence of the accused
• the right of victims of crime to the expectation of a fair and just trial and proper representation in court

Just a tad insulting that those most affected by the serious sexual crimes being tried at the moment have had to be subjected to much of the court's time being taken up with a case which has nothing to do with them or what happened to them at the hands of a prolific sexual abuser. Quite possibly denying them their right to have the injuries inflicted on them dealt with at a trial where the evidence is all about the case being tried and not another case entirely.
My opinion