Germany/Portugal - Christian Brueckner, 27 @ time of 1st crime (2004), charged with sexual assault crimes, Praia de Rocha, Portugal. #5

[Anxala]

Has cb chosen to remain silent, or does he not have to say anything? Is this the norm in Germany?

He has the right to remain silent as in most court systems. It's a fundamental right.

 

[Davieson]

Has cb chosen to remain silent, or does he not have to say anything? Is this the norm in Germany?

I think his silence is by choice, as far as the police/prosecutors are concerned and any communication is via his lawyers. So far this seems to apply to the court as well

 

[Anxala]

Many cities and houses on the Algarve coast but he was in this special house where HB was raped

And probably countless other houses and apartment blocks in the area since he lived/hung out there, and hung out/partied with tourists who stayed in apartment blocks. His presence there can't be treated as evidence of anything other than he happened to visit some tourists who were staying at that apartment block at the time (3 months or so prior to the attack on HaB, if I recall correctly from the court accounts).

 

[Mex]

Has cb chosen to remain silent, or does he not have to say anything? Is this the norm in Germany?

Were I involved in any way whatsoever with the law and might be considered a suspect my choice would be to maintain my silence at least till I had the benefit of legal advice..

I would do so even were I innocent.

Were I guilty nobody would get a squeak out of me under any circumstances. I would rely on my right to the presumption of innocence.

Nobody has to "prove" innocence; it is up to accusers to prove guilt. Which can happen quite often given advances in forensic evidence and easier linking of circumstantial evidence.
My opinion

 

[RichardKimble]

Has cb chosen to remain silent, or does he not have to say anything? Is this the norm in Germany?

nemo tenetur se ipsum accusare​

No one is bound to accuse himself (the right to silence)​

 

[frank-cole]

Has cb chosen to remain silent, or does he not have to say anything? Is this the norm in Germany?

He doesn’t need to engage with anybody, that includes the psychiatrist expert & so on.

His benefit is that neither he or his team need to prove he wasn’t responsible. They’ve been attacking the source rather than the information itself.

 

[frank-cole]

Many cities and houses on the Algarve coast but he was in this special house where HB was raped

CB having been close to Hazel’s apartment before, is bound to be just another coincidence……

Looking at the totality, we’re starting to accumulate lottery odds for coincidences. But those odds are just a coincidence..

 

[Davieson]

If the prosecutions wishes to claim that these events aren't coincident, then it is up to them to prove that they aren't

 

[RichardKimble]

If the prosecutions wishes to claim that these events aren't coincident, then it is up to them to prove that they aren't

Hopefully soon we'll get to know.

 

[UK Girl]

He doesn’t need to engage with anybody, that includes the psychiatrist expert & so on.

His benefit is that neither he or his team need to prove he wasn’t responsible. They’ve been attacking the source rather than the information itself.

Why should they not attack the witnesses who are less then honest in this case or some of them at least I should say

 

[Mex]

He doesn’t need to engage with anybody, that includes the psychiatrist expert & so on.

His benefit is that neither he or his team need to prove he wasn’t responsible. They’ve been attacking the source rather than the information itself.

And if the withdrawal of the charges is anything to go by they have succeeded beyond their wildest dreams in being able to do so.

They even tried to do a number on HB and the haste with which her case was consigned to the dustbin indicates the judges were listening. Unfortunately not to her.
The difficulty is that the speed of their delivery did not allow the judges to properly weigh the rebuttal evidence provided by an expert in the field.

As you rightly say the substance of the evidence does not appear to have been challenged despite precedence of an impossible verdict made possible only by evidence provided by an informant who once again is a whipping boy for the defenders of the proven most despicable type of criminal and criminality imaginable.
My opinion

 

[frank-cole]

If the prosecutions wishes to claim that these events aren't coincident, then it is up to them to prove that they aren't

I thinks it’s a mistake to conflate the 2 things. Because something not being proven beyond a reasonable doubt does not mean that all of the threads are isolated coincidences. I was present every time biscuits went missing from the tin. My wife can’t fully prove it was me but that doesn’t mean I didn’t eat the biscuits. Not in this universe anyways .

Remember that these are failed PJ cold cases, many over a decade old.

 

[Davieson]

I thinks it’s a mistake to conflate the 2 things. Because something not being proven beyond a reasonable doubt does not mean that all of the threads are isolated coincidences. I was present every time biscuits went missing from the tin. My wife can’t fully prove it was me but that doesn’t mean I didn’t eat the biscuits. Not in this universe anyways .

Remember that these are failed PJ cold cases, many over a decade old.

2 of them weren't even PJ cases at all, but pursuing cold cases where there is no physical evidence was bound to be very difficult and I'm sure the Germans would know this before they started.

 

[frank-cole]

2 of them weren't even PJ cases at all, but pursuing cold cases where there is no physical evidence was bound to be very difficult and I'm sure the Germans would know this before they started.

Exactly. The beach assault & Hazel’s assault were not investigated properly. We probably wouldn’t be having this conversation if they were.

As has been discussed - in these cases there are several coincidences with CB, the MO, his whereabouts & the nature of the crimes. Diane’s case is a concrete reminder of why it’s important to run these investigations. That case took 12 years to solve & it was done so by the very LEA we talk about. Even if all else fails, they still managed to get a very dangerous person off the street for 7 years. Diane got justice & in my view that’s a good thing.

 

[UK Girl]

Exactly. The beach assault & Hazel’s assault were not investigated properly. We probably wouldn’t be having this conversation if they were.

As has been discussed - in these cases there are several coincidences with CB, the MO, his whereabouts & the nature of the crimes. Diane’s case is a concrete reminder of why it’s important to run these investigations. That case took 12 years to solve & it was done so by the very LEA we talk about. Even if all else fails, they still managed to get a very dangerous person off the street for 7 years. Diane got justice & in my view that’s a good thing.

The difference with DM though and the other cases is that in her case there was concrete evidence which there is not in the others. Supposed "coincidences" do not really cut it.

 

[Mex]

Exactly. The beach assault & Hazel’s assault were not investigated properly. We probably wouldn’t be having this conversation if they were.

As has been discussed - in these cases there are several coincidences with CB, the MO, his whereabouts & the nature of the crimes. Diane’s case is a concrete reminder of why it’s important to run these investigations. That case took 12 years to solve & it was done so by the very LEA we talk about. Even if all else fails, they still managed to get a very dangerous person off the street for 7 years. Diane got justice & in my view that’s a good thing.

The treatment of HB by the authorities during and after her rape was reprehensible and could very probably have been a missed opportunity.

There were forensics from the case which if they had been matched with the forensics from the very similar rape which occurred a year later in Praia da Luz might have given the authorities a lead to a perpetrator.

The evidence to do that could very well have been available from 2005.

 

[frank-cole]

The difference with DM though and the other cases is that in her case there was concrete evidence which there is not in the others. Supposed "coincidences" do not really cut it.

Disagree. The MO Diane described, the MO Hazel described & the accounts of what the witnesses saw on tape are all very similar. That’s before we even get in to what CB wrote about & what he apparently said to his ex cell-mate.

One can look at the totality or one can attempt to argue every circumstance in isolation. This is polarising because of the point of view behind it.

The issue is - even though I was at the biscuit tin each of the 10 times, my wife can’t prove it was me. Highly unlikely my presence was 10 isolated coincidences but perhaps not enough for my wife to be able to prove it beyond a reasonable doubt. That doesn’t mean I didn’t eat all the biscuits.

 

[Davieson]

Disagree. The MO Diane described, the MO Hazel described & the accounts of what the witnesses saw on tape are all very similar. That’s before we even get in to what CB wrote about & what he apparently said to his ex cell-mate.

I think we’re entering a realm of accumulated lottery odds coincidences. One can look at the totality or one can attempt to argue any & all points in isolation. This is polarising because of the point of view behind it.

Much of it is very nebulous though. We must wait and see what the judges decide.

 

[frank-cole]

Much of it is very nebulous though. We must wait and see what the judges decide.

I agree in part. That’s the nature of cold case, especially in absence of forensics.

I think it’s likely the judges may go with the defence & then we’ll move to debating conflating legally innocent with factually innocent. Which is good sleuth(y) debating.
I don’t think they’ll make their move in the MM case until any appeals have ended.

The 30-50% chance he’d reoffend within 2 years alarms me. Away from the typical back & fourths -From a pro-victim perspective I am hoping that this all ends in an indeterminate prison sentence because I think the risk is very high. I also think that will also increase the prospect of a full MM confession within the next few years.

 

[Anxala]

Why should they not attack the witnesses who are less then honest in this case or some of them at least I should say

Apart from which, describing the Defence as attacking - attacking! - the witnesses is beyond comical and indicates a complete lack of understanding as to what the role of the defence is in a trial.

Back in the real world, questioning and holding up to the light witness statements and testimony is the job the defence is there to do. As most of us know and accept as part of the process of justice being served. And that's exactly what they did.