I'm more than curious as to why next year is being mentioned.
Also the mention of British Lawyers by FF a few weeks ago.
I wonder if it's to do with Brexit and the negotiation of extradition laws?
I did a little research and the only article I can find is in The Times - Unfortunately I'm not a subscriber so I can't read the full article.
Maybe the plan is to go to trial in UK?
Yet recent developments in the Madeleine McCann case highlight what the UK stands to lose if no deal is struck on future criminal law enforcement co-operation — and how Brexit has already affected arrangements around the European arrest warrant.
In January, Germany, Austria and Slovenia stated that they may refuse to extradite their nationals to the UK. This means that Christian Brückner, the Bavarian-born suspect in the McCann case, will be unlikely to be extradited to the UK unless miracle progress is made on an extradition system to replace the existing scheme.
Dying hope for a post-Brexit extradition deal | Law | The Times
It is an interesting point raised and one that I have pondered too. The existing rules of the European Arrest Warrant will cease to apply to the UK come the end of this year. It is curious why HCW is adamant nothing will happen with the case this year and it did cross my mind whether there might be some kind of link.
HCW spoke previously of having 90% of the evidence they need. He has said several times that this evidence (whilst concrete) is not enough to press ahead with a charge based on the threshold required in the German judicial system. The question is, would that same evidence be enough to go to trial in the UK system?
Extradition is not a straightforward process, but the idea that CB could be charged in a UK court is not beyond possibility. The country where the crime took place is not so relevant, we've seen that already by the fact Italy signed off CB's extradition to Germany for DM's rape in Portugal. And extraditions to the country of the 'victim' can happen.
I remember the Gary McKinnon case where the US sought his extradition for hacking Government websites even though he was British and committed the crime whilst in the UK. On that case, the extradition was first granted by the UK government, then later blocked on the basis of the human rights act that McKinnon was mentally ill and might kill himself if extradited, so it is a very complex matter.
In this CB/MM case it would come down to whether Germany is willing to grant the extradition of CB (assuming SY did want to try CB for the murder) and whether it is allowable withing the framework of whatever extradition agreement replaces the EAW post-brexit.
All just ponderings and could be wide of the mark, but I do wonder what German LE will opt to do if they reach that point where they feel they have to drop their case. Will they then pass on all of their "secret" evidence to SY? With £12m spent so far on OG, you'd think they'd press for that info to continue their lines of inquiry at the very least. That's assuming they don't already know. It's a very delicate and political subject and so even if they were already aware of the evidence, I could see plenty of plausible reasons why all parties might prefer to keep that fact a secret for the time being.