Madeleine McCann: German prisoner identified as suspect - #19

[haden]

I don't think I ever in my life was shocked by the news as it happened in this case in the past 13 years. So, to cause me to fall from my chair would need to be something really big.

 

[enjy15]

That shouldn't be the most convincing defend, to be made?!

FF has no new info, just by visiting Portugal and maybe talking to GA. That's a legend IMO.

IMO FF will start losing himself in conspiracy-theories....

Considering FF tried to overturn the rape of the 72 year old woman because CBs arrest wasn’t done in a certain way or wasn’t done in a certain country? It would not surprise me if he tries the argument that CB has not had a fair trial and the judgement will be preconceived because of the media.

 

[snowpea666]

BIB

Agreed, because if abducted, the natural and obvious inference that the prosecution will invite any Court to reach is that she was murdered.

It is beyond obvious that CB has not been keeping MM alive all these years, and if he had, the evidential onus would be on the defence to establish

We certainly don't need photos of a body to prove that

Not unless he claims he sold her on? I have a feeling we could be told this, may or may not be the truth but better for him an abduction than a murder??

 

[snowpea666]

BIB

Agreed, because if abducted, the natural and obvious inference that the prosecution will invite any Court to reach is that she was murdered.

It is beyond obvious that CB has not been keeping MM alive all these years, and if he had, the evidential onus would be on the defence to establish

We certainly don't need photos of a body to prove that

Not unless he claims he sold her on? I have a feeling we could be told this, may or may not be the truth but better for him an abduction than a murder??

So why did he photograph her dead?

1 His own paraphilia had escalated to that point.

2. It had a value - either commercial or gave him access to dark web sites.

3. He needed to provide evidence to someone else.

Sadly when someone was making snuff movie's the customers were not happy as they had not really killing the victim so that's when the perp would film the end in a dramatic way , it's so so heartbreaking to even say this x

 

[SuperdadV8]

Considering FF tried to overturn the rape of the 72 year old woman because CBs arrest wasn’t done in a certain way or wasn’t done in a certain country? It would not surprise me if he tries the argument that CB has not had a fair trial and the judgement will be preconceived because of the media.

Obviously, that would build the defence-strategy, IMO.

 

[Denis R Tandib]

I think they have video footage that was in CBs collection of MM as a victim of abuse, and suspect that CB later killed her. So the crime they want to prove is murder, they have evidence of abuse. Without evidence of death, SY say it remains an abduction/missing person enquiry.

I think this seems most likely to me. I don’t see why there would just be PM images of MM and a video of this makes no sense. Abuse video is consistent with his prior known crimes and he has previously disguised his identity.

They obviously know about him changing the registration of his Jaguar on 4 May 2007. It’s possible that they know about more suspicious activity shortly after MM’s disappearance some of which could support the fact that she’s dead.

This possible scenario meets the “puzzle” definition stated by HCW whereas a photo/video of MM dead is not much of a puzzle.

 

[MENDEL]

I can't see no connection between the announced revelation by Herr Fülscher 48h ago and the bombshell news about a British lawyers team from which one of them will carry on press affairs to clear CB's name. Reportedly it's possible they will be paid by German taxpayers.

CB's name can only be cleared when he's pronounced innocent. So far he's been a suspect-to-be. If that was fair, clearing his name as suspect-to-be, FF might have done that 3 months ago.

My hunch is that Braunschweig LE is already in possession of FF's announced revelation. Either he was forbidden from passing it to press or it will come in the next few hours while gun still smokes. Let's see if he choses The Sun or the Mirror. Or if it's DM turn this time.

Maddie suspect’s lawyer claims to have bombshell evidence clearing him

Madeleine McCann suspect Christian Brueckner using British lawyers for defence

 

[Niner]

I'll shortened this up a bit...

Thursday, Sept. 24th:
*Ruling Opinion Decision Hearing (@ am CET) – Germany/Portugal – Madeleine Beth McCann (3) (May 3, 2007, disappeared from hotel room while sleeping with her younger twin siblings, while parents ate at restaurant near the Mark Warner Ocean Summer Club in Praia da Luz; not found) - *Christian Brueckner (43) Suspect. A 7-year jail term for the rape in Praia da Luz is due to kick in at the end of him serving time for drug trafficking, in January, 2021.
Brueckner info from 6/1/20 thru 7/16/20 reference post #834 here:
Madeleine McCann: German prisoner identified as suspect - #15
8/2/20 Update: Brueckner’s lawyer, Friedrich Fulscher, accused police of creating a smokescreen with this week’s search. He denied his client had ‘anything to hide’ but would not cooperate with the investigation. Mr. Fulscher said: ‘Before our client starts to co-operate with the prosecutor’s office, you could order holy water as a long drink in hell. That is not unusual. It is very normal not to talk to the police when you are suspected of committing a crime. Mr. Fulscher claimed the allotment search was designed to build ‘bad media’ against Brueckner ahead of a court decision that could see the convicted rapist freed from prison after serving his sentence for drug trafficking. The European Court of Justice will decide whether an arrest warrant relating to the rape of a 72-year-old woman in 2007 was legal. The ECJ will publish their 'opinion' in three weeks' time, on August 6. Their final judgement, which usually follows the opinion and is binding on courts across the EU, will be delivered soon afterwards. Brueckner, who was not in court today, remains in prison and will be informed about the court's decision in the coming weeks. Brueckner's current jail term will expire in January next year. If Brueckner serves his full sentence he will be released on January 7, 2021. A seven-year jail term for the rape in Praia da Luz is due to kick in at the end of him serving time for drug trafficking, in January 7, 2021.
8/6/20 Update: According to court documents, Christian B was extradited from Portugal for sexually abusing a minor in June 2017, then travelled to the Netherlands & Italy whilst still on probation after his release. He was extradited to Germany from Italy in October 2018 on a warrant for drug trafficking before being tried & convicted of rape & extortion in December last year. His legal challenge centers on whether the German authorities needed Portugal's consent to bring rape proceedings because of the 2017 extradition. Italy had agreed Brueckner could be tried for rape & extortion in Germany. An Advocate General of the European Court of Justice concluded that Christian B. could be convicted in Germany for rape in Portugal - although he had been extradited for another crime. The ECJ proceedings are concerned with the fact that Christian B. is demanding that the judgment on the rape be set aside because he had originally been extradited to Germany on the basis of a European arrest warrant for another crime. He points out that EU rules on the European arrest warrant prohibit anyone from being prosecuted for crimes committed prior to extradition. According to the legal opinion, however, this rule is irrelevant to the case, since the man had in the meantime left Germany voluntarily and only returned to Germany via a new European Arrest Warrant. This was executed by authorities in Italy - who also agreed that the man should be prosecuted and sentenced for the rape. In this case, in the opinion of the Advocate General, the restrictions on the first arrest warrant no longer apply. German prosecutor Julia Meter told the PA news agency: “The advocate general shares our opinion. “We are pleased and wait for the decision of the court the next few weeks.”
9/4/20 Update: Police have opened an investigation into whether the German Madeleine McCann suspect carried out a sexual offense against a 10-year-old girl in Portugal just weeks before Maddie disappeared. Brueckner allegedly grabbed a 10-year-old girl and masturbated in front of her on Salema beach in April 2007 - just weeks before Madeleine disappeared on May 3, reported Spiegel. She was saved when adults rushed to her aid - causing the man to flee the scene. The attack happened just 10 kilometres from the Ocean Club in Praia Da Luz where Madeleine is thought to have been taken from her bed in the middle of the night. The investigation against Brueckner has already been closed because the victim, who is from Germany, could not identify him in pictures. However, after the investigation against him in the Madeleine case became known, the young woman contacted the police again and stated that she was now "99%" sure that he was the perpetrator. The investigation has resumed.
9/17/20 Update: The European Court of Justice should have decision back on 9/24/20.

 

[mrjitty]

As long as the evidence has been obtained an a lawful way....

Well that is something you and I speculated about before.

Maybe the key evidence is inadmissible or unavailable for some reason. I could believe that.

 

[mrjitty]

As a prosecuter, maybe from SY, you can already buy evidence. That ain't a problem for itself.

But what if that evidence had been obtained earlier by another crime, like a theft or a burglary. Will it be admissible evidence at trial?

So maybe you got everything you need and need to know, but there is a jeopardy at court, to use it.

@mrjitty

How do you judge that, as a former lawyer?

You should even not be allowed to make it public. So you need it again, obtained in a lawful way. And maybe you have to start to dig....

I don't know german procedure - its a bit different to NZ, so I am not sure what is and is not admissible.

 

[mrjitty]

I don’t think the German LE would want to show the parents the evidence for identification unless they are 100% sure it is Madeleine in the photo/video. I remember HCW saying he and the rest of those working on the case are 99% sure Madeleine is dead. I think they need something extra like clothing or parts of a body to confirm it is more than coincidence to have footage of a girl who looks very similar to Madeleine and supporting evidence that Madeleine and CB are linked. CB could say someone sent him that photo of a girl who appears to look like MM, but without a body they can’t prove it’s her.

That's what I also wonder. If identity is not certain.

 

[mrjitty]

I don't see how being in possession of such horrible images would automatically mean that you should be charged for the murder of the person depicted.

Because of an overall web of circumstantial evidence, of which the photo is only one part.

The battle of foundational evidence is what matters at trial, and then inferences are made from facts the Court regards as established.

So if you confessed to the crime, a phone call places you at the scene, and the next day you did suspicious stuff, AND they find you with a photo of the victim, the first time there was any sign of her for more than a decade - a strong inference arises.

Defence counsel can't just claim it is downloaded. He needs to introduce evidence of the same. Would CB testify? Would they produce digital forensics around downloading? Seems to me a blanket denial by counsel is weak sauce

 

[mrjitty]

Isn't material evidence tangible, physical evidence though?

When i went to law school "material" facts has a specific meaning - namely those that go to proving the legal question at issue.

Trouble is prosecutors use all kinds of works like material or pertinent or concrete that may or may not have any specific legal meaning (especially translated) beyond wishing to convey an idea of "weight" or "seriousness"

 

[mrjitty]

IMO the evidence is something of GA's conspiracy theory style, like SY desperately looking for a scapegoat and some proof of this and them discussing it with PJ, wanting to close the case by finding the most convinient suspect.

Looks like they are preparing a libel case against the UK tabs.

 

[enjy15]

I'll shortened this up a bit...

Thursday, Sept. 24th:
*Ruling Opinion Decision Hearing (@ am CET) – Germany/Portugal – Madeleine Beth McCann (3) (May 3, 2007, disappeared from hotel room while sleeping with her younger twin siblings, while parents ate at restaurant near the Mark Warner Ocean Summer Club in Praia da Luz; not found) - *Christian Brueckner (43) Suspect. A 7-year jail term for the rape in Praia da Luz is due to kick in at the end of him serving time for drug trafficking, in January, 2021.
Brueckner info from 6/1/20 thru 7/16/20 reference post #834 here:
Madeleine McCann: German prisoner identified as suspect - #15
8/2/20 Update: Brueckner’s lawyer, Friedrich Fulscher, accused police of creating a smokescreen with this week’s search. He denied his client had ‘anything to hide’ but would not cooperate with the investigation. Mr. Fulscher said: ‘Before our client starts to co-operate with the prosecutor’s office, you could order holy water as a long drink in hell. That is not unusual. It is very normal not to talk to the police when you are suspected of committing a crime. Mr. Fulscher claimed the allotment search was designed to build ‘bad media’ against Brueckner ahead of a court decision that could see the convicted rapist freed from prison after serving his sentence for drug trafficking. The European Court of Justice will decide whether an arrest warrant relating to the rape of a 72-year-old woman in 2007 was legal. The ECJ will publish their 'opinion' in three weeks' time, on August 6. Their final judgement, which usually follows the opinion and is binding on courts across the EU, will be delivered soon afterwards. Brueckner, who was not in court today, remains in prison and will be informed about the court's decision in the coming weeks. Brueckner's current jail term will expire in January next year. If Brueckner serves his full sentence he will be released on January 7, 2021. A seven-year jail term for the rape in Praia da Luz is due to kick in at the end of him serving time for drug trafficking, in January 7, 2021.
8/6/20 Update: According to court documents, Christian B was extradited from Portugal for sexually abusing a minor in June 2017, then travelled to the Netherlands & Italy whilst still on probation after his release. He was extradited to Germany from Italy in October 2018 on a warrant for drug trafficking before being tried & convicted of rape & extortion in December last year. His legal challenge centers on whether the German authorities needed Portugal's consent to bring rape proceedings because of the 2017 extradition. Italy had agreed Brueckner could be tried for rape & extortion in Germany. An Advocate General of the European Court of Justice concluded that Christian B. could be convicted in Germany for rape in Portugal - although he had been extradited for another crime. The ECJ proceedings are concerned with the fact that Christian B. is demanding that the judgment on the rape be set aside because he had originally been extradited to Germany on the basis of a European arrest warrant for another crime. He points out that EU rules on the European arrest warrant prohibit anyone from being prosecuted for crimes committed prior to extradition. According to the legal opinion, however, this rule is irrelevant to the case, since the man had in the meantime left Germany voluntarily and only returned to Germany via a new European Arrest Warrant. This was executed by authorities in Italy - who also agreed that the man should be prosecuted and sentenced for the rape. In this case, in the opinion of the Advocate General, the restrictions on the first arrest warrant no longer apply. German prosecutor Julia Meter told the PA news agency: “The advocate general shares our opinion. “We are pleased and wait for the decision of the court the next few weeks.”
9/4/20 Update: Police have opened an investigation into whether the German Madeleine McCann suspect carried out a sexual offense against a 10-year-old girl in Portugal just weeks before Maddie disappeared. Brueckner allegedly grabbed a 10-year-old girl and masturbated in front of her on Salema beach in April 2007 - just weeks before Madeleine disappeared on May 3, reported Spiegel. She was saved when adults rushed to her aid - causing the man to flee the scene. The attack happened just 10 kilometres from the Ocean Club in Praia Da Luz where Madeleine is thought to have been taken from her bed in the middle of the night. The investigation against Brueckner has already been closed because the victim, who is from Germany, could not identify him in pictures. However, after the investigation against him in the Madeleine case became known, the young woman contacted the police again and stated that she was now "99%" sure that he was the perpetrator. The investigation has resumed.
9/17/20 Update: The European Court of Justice should have decision back on 9/24/20.

IMO, “Friedrich Fulscher, accused police of creating a smokescreen with this week’s search. He denied his client had ‘anything to hide’ but would not cooperate with the investigation.” means CB at least knows something but he is refusing to cooperate. I think if it does get taken to court then they will be aiming to get a lesser charge than murder - either abduction, trafficking or abuse.

 

[Victoria Chambers]

The European Court of Justice has Rejected CB appeal. He now takes it to the High Court! X

 

[Dlk79]

Madeleine McCann suspect Christian Brueckner loses bid for prison release

 

[SuperdadV8]

The European Court of Justice has Rejected CB appeal. He now takes it to the High Court! X

So the highest german court will likely reject his appeal too, although the ECJ descision should be just one part of FF's appeal.

Seems like, CB will face his first longer visit behind bars after almost two decades of crime. That's good.

Let's see, who is jumping out of the bushes right now and will start talking to the prosecuters!

 

[Victoria Chambers]

From the McCann files. A time frame of the sexual assaults on other British youngsters inside apartments.
It's clear that somebody felt well comfortable entering these apartments and appears to be very active as opposed to it being a rare thing! But we know CB was in prison for some months in 2006 for diesel theft. Does anybody have the prison dates?
It makes my blood boil to know that this stuff was brushed under the carpet in order for unsuspecting families to still be holidaying there! X

 

[MENDEL]

From the McCann files. A time frame of the sexual assaults on other British youngsters inside apartments.
It's clear that somebody felt well comfortable entering these apartments and appears to be very active as opposed to it being a rare thing! But we know CB was in prison for some months in 2006 for diesel theft. Does anybody have the prison dates?
It makes my blood boil to know that this stuff was brushed under the carpet in order for unsuspecting families to still be holidaying there! X

From April 7, 2006 to December 21, 2006.