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

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I wonder if Bild will engage in any introspection here? Their payment to a key trial witness for a video they ran pretrial was obviously very stupid.

To be fair to the prosecutor, they probably had no way to prevent it.
 
Apparently HeB gave four versions of the rapes he alleged to have seen on tape, also UL the prosecuter didn't bother turning up for the verdict!

The witness gave three versions of the crime in three different interrogations in 2017, 2018 and 2019. And in court, version number four suddenly occurred to him that the film had a date in which the year 2005 was said to have been seen. „The Chamber is convinced that this information is untrue and is based on the desire not to let the crime expire after “, the judge said. „Helge B. has no problem lying to the court. “
Lindemann and her colleague Vanessa Beyse seemed to prefer not to listen to such humiliations. They stayed away from the last day of the session and sent a colleague to listen to the embarrassments for his house.
 
IIRC in the DM trial the Court held that HeB and MS must have seen rapes on tape due to the similarities - i.e they could not have invented their testimony because they did not know details of the DM case. So it was probative in that case.

But in this case, their direct testimony is required to prove the case BARD with no identified victim and no forensics

So the difference in the Court's attitude is at least partially explained by the differing standard or proof here. I get the feeling at least one saw disturbing videos. Bit which parts are true, which parts are invented, and what they can't really remember accurately anymore can't be unpacked.

You can also see how the prosecution, relying on the good impression of these witnesses in the DM trial, runs afoul of sceptical judges given the deterioration of the witnesses, pre-trial publicity, evolving versions etc etc

MOO
 

Media reporting regarding CB continues to be inaccurate nonsense ..

Do these outlets not do any checking / editing ?

According above link CB has already been released .. then goes on to report how his lawyers could pursue his early release .. ? ?


As I mentioned earlier .. this Mail article says CB has been cleared of DM rape case .. then devotes the rest of it’s content to saying how his lawyers may push for him to be possibly cleared of that same case .. ? ?

To journalists .. please try to give more accurate content .. you’ve got one job .. !
 
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The 2019 aggravated rape verdict most certainly has not been overturned as a result of the current debacle.

I believe there have been noises made about appealing it yet again. If I find the cite for that I will post it.
  • May 2, 2024: In addition, it becomes known on this day that the Göttingen Regional Court has rejected the application for a retrial against CB. from 2019 as inadmissible.
  • October 7, 2024: The defense shoots back just as harshly in its three-hour plea against the public prosecutor's office, BKA, witnesses and media, excluding only the court from the criticism. As announced in February, FF's team is calling for a comprehensive acquittal for C B. – and also announces that it will file a retrial in the 2019 verdict against C B.
 
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The imperative was to destroy the testimony of each and every witness because CB had no other argument. And no-one suffered more than HB who had travelled to Germany in hope of justice.

How insensitive was it for the defence counsel to have her seated in court like a naughty schoolgirl in front of the man she was sure had raped her and his defence team et al.

Why on earth did the presiding judge allow it to happen. Why did the presiding judge allow the questioning of HB in a manner which reportedly caused gasps from the public benches.
  • May 15, 2024: On trial day 13, the rape of the Irish woman Hazel B. comes to the fore. Partly in tears, she describes how the crime took place in Praia da Rocha in 2004 - and what fears of death she had. The joint plaintiff is sure that Christian B. was her tormentor.
  • May 16, 2024: It continues with Hazel B.: She answers further questions from those involved in the trial persistently and without evasion. For example, it is about the eyes of the perpetrator.
  • May 17, 2024: Documents from Hazel B.'s ex-boyfriend are read out in court. He accuses the joint plaintiff of having made up the rape. She, in turn, speaks of a toxic relationship. In an initial reaction, the public prosecutor's office described the contributions as unusable because, for example, claims by the bar owner were clearly false.
  • July 5, 2024: In the trial, an expert testifies that blue eyes can be seen even in the dark. The background is the statement of the Irish woman, who claims to have recognized her rapist by the piercing eye color.
There you have it, once HB had given her testimony the court allowed the defence to attempt to introduce false information “the public prosecutor's office described the contributions as unusable because, for example, claims by the bar owner were clearly false”

While the truthful accurate account regarding her assailant's eyes given in testimony by HB was totally exonerated by the prosecution expert witness. Not that it mattered, because the chamber had already made up its mind.
Braunschweig: Prozess gegen Christian B. – eine Chronologie
 
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The imperative was to destroy the testimony of each and every witness because CB had no other argument. And no-one suffered more than HB who had travelled to Germany in hope of justice.

How insensitive was it for the defence counsel to have her seated in court like a naughty schoolgirl in front of the man she was sure had raped her and his defence team et al.

Why on earth did the presiding judge allow it to happen. Why did the presiding judge allow the questioning of HB in a manner which reportedly caused gasps from the public benches.
  • May 15, 2024: On trial day 13, the rape of the Irish woman Hazel B. comes to the fore. Partly in tears, she describes how the crime took place in Praia da Rocha in 2004 - and what fears of death she had. The joint plaintiff is sure that Christian B. was her tormentor.
  • May 16, 2024: It continues with Hazel B.: She answers further questions from those involved in the trial persistently and without evasion. For example, it is about the eyes of the perpetrator.
  • May 17, 2024: Documents from Hazel B.'s ex-boyfriend are read out in court. He accuses the joint plaintiff of having made up the rape. She, in turn, speaks of a toxic relationship. In an initial reaction, the public prosecutor's office described the contributions as unusable because, for example, claims by the bar owner were clearly false.
  • July 5, 2024: In the trial, an expert testifies that blue eyes can be seen even in the dark. The background is the statement of the Irish woman, who claims to have recognized her rapist by the piercing eye color.
There you have it, once HB had given her testimony the court allowed the defence to attempt to introduce false information “the public prosecutor's office described the contributions as unusable because, for example, claims by the bar owner were clearly false”

While the truthful accurate account regarding her assailant's eyes given in testimony by HB was totally exonerated by the prosecution expert witness. Not that it mattered, because the chamber had already made up its mind.
Braunschweig: Prozess gegen Christian B. – eine Chronologie
I think the basis of an appeal (in part) could be the seemingly lacking of taking things into account & then failing to look at the totality of the coincidences, instead accepting the defence ticking a box at every junction. The time between the court dates wouldn’t have helped matters. ‘Let’s try a serial offender but make it drawn out with huge chunks of time between court dates’.
My.post.in.12 weeks.will.follow.on.from.this.and you’ll.naturally.connect.that.with.this.remember.to.put.the.christmas.tree.up.

…………………..
 
I think the basis of an appeal (in part) could be the seemingly lacking of taking things into account & then failing to look at the totality of the coincidences, instead accepting the defence ticking a box at every junction. The time between the court dates wouldn’t have helped matters. ‘Let’s try a serial offender but make it drawn out with huge chunks of time between court dates’.
My.post.in.12 weeks.will.follow.on.from.this.and you’ll.naturally.connect.that.with.this.remember.to.put.the.christmas.tree.up.

…………………..
Very succinctly put.
There is a wider picture covering many bases in prosecutions regarding offences covering many years from 2004 till 2017.

The court did not have the requisite skills to address them.

Having initially jumped on the wrong bandwagon the presiding judge didn't have the wit to jump off when the opportunity presented itself. And by by leaning too much on defence initiatives dismissing all the evidence in all five cases devalued her opinion at a stroke.

Snip
On Thursday morning she faced close questioning in detail about her previous court testimony and possible contradictions in statements given to police in Portugal, Ireland and Germany.

She said Portuguese police did not provide an official translator, she had to ask a friend to assist, in front of whom she didn’t want to explain all details.
...
Questioned about why she went public with her story, Ms Behan said she was inspired by hearing someone else talk on Irish radio about turning a different, difficult experience into something positive.
“I wanted other women to feel there was a safe place they could contact,” she said. “I had nowhere, that was the reason why.”

She kept the details of the attack out of the radio interview but the response – in particular calls to the Rape Crisis Centre – was so strong that Ms B agreed to a second, television interview on RTÉ's The Late Late Show.

In her second four-hour bloc of testimony, with further defence questions in the afternoon, Ms B became emotional at one point and asked for a brief break.

So she had to field invasive innuendo from the defence (nope she didn't 'sell' her story - she tried to use it for the common good and succeeded in doing so).
On another front she had to satisfy the interrogation of a very unsympathetic judge.

Perfectly possible that given the fact forensic evidence had been destroyed in Portugal possibly weakening the case - or possibly not given that not all evidence is forensic. But given the conduct of the trial throughout and in particular towards this witness, what level of confidence should have been placed in her opinions.
 
Any idea when we might know if an appeal is going to be allowed ?
Interesting question, some one higher up decided back in July wasn't it that the court was not biased when lifting the arrest warrant, how can it now be decided they basically were.Take HaBs evidence the Welt reported that the court heard that he gave 4 different versions regarding what he had seen on tape how would a new trial determine which were truthful if at all.A mark on CB's leg will not suddenly appear?
 
Interesting question, some one higher up decided back in July wasn't it that the court was not biased when lifting the arrest warrant, how can it now be decided they basically were.Take HaBs evidence the Welt reported that the court heard that he gave 4 different versions regarding what he had seen on tape how would a new trial determine which were truthful if at all.A mark on CB's leg will not suddenly appear?
The chief prosecutor has intimated that the request for an appeal will be directed to the Supreme Court.
 
Interesting question, some one higher up decided back in July wasn't it that the court was not biased when lifting the arrest warrant, how can it now be decided they basically were.Take HaBs evidence the Welt reported that the court heard that he gave 4 different versions regarding what he had seen on tape how would a new trial determine which were truthful if at all.A mark on CB's leg will not suddenly appear?
As its been dealt with, I think claims of bias will be a non-starter. Difference of opinion won't do, so it'll need to be some obscure point of law.
Whatever, it'll make for further interest. One must hope it's dealt with swiftly
 
Welt had a point. CB changed his story various times. Why did the prosecutor never consider he may not be the best witness? and actually why doesnt she still consider that?
 

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