Madeleine McCann: German prisoner identified as suspect #29

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Dlk79 said:
It is not a requirement for someone to be legally declared dead prior to charging someone with their murder.
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RSBM

Correct. A murder trial is to determine criminal liability of the accused. As part of the case it must be proved that the accused killed the victim via some unlawful act and with the relevant intention.

So while it must be proved the victim is in fact dead (normally handled via the production of relevant medical evidence like autopsy) - this isn't actually a legal finding of the Court for civil purposes as far as I am aware, nor is such a prior ruling required.
 
mrjitty said:
RSBM

Correct. A murder trial is to determine criminal liability of the accused. As part of the case it must be proved that the accused killed the victim via some unlawful act and with the relevant intention.

So while it must be proved the victim is in fact dead (normally handled via the production of relevant medical evidence like autopsy) - this isn't actually a legal finding of the Court for civil purposes as far as I am aware, nor is such a prior ruling required.
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Presumably this will be the first hurdle. Will the evidence be good enough to proceed
It'll also be interesting to see what he's charged with. Will it be more than murder
 
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tedtink said:
(Christian) Post was tracked down by the Mirror to a small town in southern Cambodia where he lives under an assumed name.

https://www.mirror.co.uk/news/world-news/friend-100-certain-madeleine-mccann-26615559
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I would not be surprised if this is the guts of the case against him.

Olive Press guy also claimed that law enforcement found a stolen SIM card linked to an english OC guest?

It would be interesting if they can definitively tie him to OC thefts, or even 5a?
 
SuperdadV8 said:
Who knows. There is a small possibility, that some people from portugal with knowledge will come forward, if they can't be prosecuted on portugese ground anymore....
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That’s a great point Superdad! I don’t fully understand the SoL & whether that means that people with knowledge of the crime can’t be prosecuted.

It’ll be interesting to see if the German’s run another appeal just after the SoL ends. Most of CB’s friends (as far as I know) weren’t Portuguese. But if a German friend had knowledge or involvement & came forward, then I’m guessing that they could still face German justice
 
mrjitty said:
I would not be surprised if this is the guts of the case against him.

Olive Press guy also claimed that law enforcement found a stolen SIM card linked to an english OC guest?



It would be interesting if they can definitively tie him to OC thefts, or even 5a?
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I listened to the ‘stories of our times’ (times newspaper) podcast. The reporter who interviewed HCW said that he commented that they knew more about the burglaries CB committed & they’ve identified a number of burglaries CB was involved in. I think they’ll have evidence that he was responsible for OC burglaries in early 07 , it could be passports.

CB being released from prison & then a four fold increase in burglaries in the area, isn’t coincidental IMO.
 
frank-cole said:
That’s a great point Superdad! I don’t fully understand the SoL & whether that means that people with knowledge of the crime can’t be prosecuted.

It’ll be interesting to see if the German’s run another appeal just after the SoL ends. Most of CB’s friends (as far as I know) weren’t Portuguese. But if a German friend had knowledge or involvement & came forward, then I’m guessing that they could still face German justice
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As long, as another country is responsible for the prosecution. According to CB, they are responsible because of CB's last official whereabout in germany and he was living in germany around the time, he has been put to jail.

If somebody, anyway where this person is from, is living in portugal, other countries would need an european or worldwide arrest warrant to extradite that person.

If that person is living in portugal or even a native portugese person and the crime happened in portugal, it could be more difficult to extradite for other prosecutors after 15 years maybe? I'm not that firm in european or worldwide penalty laws. But i'm convinced, that portugese authorities have to accept that warrant as well.

Maybe difficult, accepting that warrant according to a portugese person, involved in a crime that happened in portugal, after 15 years. Who knows?

The BKA appeal points out to other people, that could know where the body has been hidden. I assume, after 15 years they can't be prosecuted for any kind of assistence and are able to talk. Maybe the prosecutors from Braunschweig are aware of it and just wait, until these people are willing to talk, because they are in a kind of safety.

Just like Manfred S. and Helge B., who admitted to have done a burglary at CB's home in 2006, because they hadn't to fear any upcoming prosecution anymore, because of the SoL.

We'll see...
 
mrjitty said:
I would not be surprised if this is the guts of the case against him.
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From the Mirror link: “But now I’m willing to go back to court, to face him again, and help convict him if they want me to.”

^ Which, objectively, suggests they don't want him to since if they wanted him to and they regarded him as of any importance, let alone a key witness, he surely would not be giving paid interviews to random tabloids.

Not to mention the glaringly speculative and imo opportunistic nature of his 100% certainty as to CB's guilt. But wait! He's a talented musician and IT expert. But also living under an assumed name in Cambodia!

Right. What a prize witness!
 
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Anxala said:
From the Mirror link: “But now I’m willing to go back to court, to face him again, and help convict him if they want me to.”

^ Which, objectively, suggests they don't want him to since if they wanted him to and they regarded him as of any importance, let alone a key witness, he surely would not be giving paid interviews to random tabloids.

Not to mention the glaringly speculative and imo opportunistic nature of his 100% certainty as to CB's guilt. But wait! He's a talented musician and IT expert. But also living under an assumed name in Cambodia!

Right. What a prize witness!
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Sorry for the link ;)
 
SuperdadV8 said:
As long, as another country is responsible for the prosecution. According to CB, they are responsible because of CB's last official whereabout in germany and he was living in germany around the time, he has been put to jail.

If somebody, anyway where this person is from, is living in portugal, other countries would need an european or worldwide arrest warrant to extradite that person.

If that person is living in portugal or even a native portugese person and the crime happened in portugal, it could be more difficult to extradite for other prosecutors after 15 years maybe? I'm not that firm in european or worldwide penalty laws. But i'm convinced, that portugese authorities have to accept that warrant as well.

Maybe difficult, accepting that warrant according to a portugese person, involved in a crime that happened in portugal, after 15 years. Who knows?

The BKA appeal points out to other people, that could know where the body has been hidden. I assume, after 15 years they can't be prosecuted for any kind of assistence and are able to talk. Maybe the prosecutors from Braunschweig are aware of it and just wait, until these people are willing to talk, because they are in a kind of safety.

Just like Manfred S. and Helge B., who admitted to have done a burglary at CB's home in 2006, because they hadn't to fear any upcoming prosecution anymore, because of the SoL.

We'll see...
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Thank you for the reply - HCW clears up the SoL rumours in conversation with RTL. Perhaps (it’s a very small probability) they already have people who have concrete knowledge of the crime & have agreed to give their testimony once the SoL ends. They may have identified a key witness who was reluctant to cooperate then, but will do now.

It’s good to discuss potential scenarios. I think it’s most likely to be very straight forward & without further meaning. IMO it’s most likely to simply mean that 15 years (the SoL) is up. Business as usual for the BKA
 
https://www.mirror.co.uk/news/world-news/portugal-keep-investigating-madeleine-mccann-26696562

Portuguese authorities say they will continue to investigate Madeleine McCann’s disappearance despite Scotland Yard ending its 11-year probe.

The country’s Attorney General’s Office allayed fears the Met Police decision would impact on the separate inquiry being led by prosecutors on the Algarve, insisting today: “It continues.”

And Portuguese police sources said closing their long-running ‘cold case’ review was “completely out of the question.”

Sources close to the inquiry in Portugal admitted they would not be surprised by the closure of the UK Madeleine probe once current funding ended and confirmed it had been a “long time” since the last official British request for information.

One said: “Only the German authorities have been sending formal requests for judicial assistance of late.”

A spokesman for Portugal’s Attorney General’s Office, asked about the future of the probe led by a prosecutor based in the Algarve resort of Portimao, said: “The investigation is proceeding, with the inquiry not having a final conclusion yet.”

One well-placed insider said Portuguese police and prosecutors were working on the theory Madeleine’s abductor could still be tried there because she may still be the victim of an ongoing kidnapping.

The insider said: “In the event Madeleine is still alive, we could be looking at a crime where the idea of a 15-year time limit on prosecution can go out of the window because the clock starts ticking the moment the crime stops.”

However, if the Portuguese authorities eventually decide not to pursue Brueckner, he could still be prosecuted over Maddie by the German authorities in their country where he is currently being held despite an alleged crime being committed in Portugal.
 
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Dlk79 said:
https://www.mirror.co.uk/news/world-news/portugal-keep-investigating-madeleine-mccann-26696562

Portuguese authorities say they will continue to investigate Madeleine McCann’s disappearance despite Scotland Yard ending its 11-year probe.

The country’s Attorney General’s Office allayed fears the Met Police decision would impact on the separate inquiry being led by prosecutors on the Algarve, insisting today: “It continues.”

And Portuguese police sources said closing their long-running ‘cold case’ review was “completely out of the question.”

Sources close to the inquiry in Portugal admitted they would not be surprised by the closure of the UK Madeleine probe once current funding ended and confirmed it had been a “long time” since the last official British request for information.

One said: “Only the German authorities have been sending formal requests for judicial assistance of late.”

A spokesman for Portugal’s Attorney General’s Office, asked about the future of the probe led by a prosecutor based in the Algarve resort of Portimao, said: “The investigation is proceeding, with the inquiry not having a final conclusion yet.”

One well-placed insider said Portuguese police and prosecutors were working on the theory Madeleine’s abductor could still be tried there because she may still be the victim of an ongoing kidnapping.

The insider said: “In the event Madeleine is still alive, we could be looking at a crime where the idea of a 15-year time limit on prosecution can go out of the window because the clock starts ticking the moment the crime stops.”

However, if the Portuguese authorities eventually decide not to pursue Brueckner, he could still be prosecuted over Maddie by the German authorities in their country where he is currently being held despite an alleged crime being committed in Portugal.
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Looks like, as if OG has been nothing more than a kind of job creation measure for a long time. What a pity!
 
SuperdadV8 said:
Looks like, as if OG has been nothing more than a kind of job creation measure for a long time. What a pity!
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IMO, it points to OG only following the CB lead for quite some time now, in spite of their official open minded "missing person's inquiry" line. Therefore, no need to request anything from the Portuguese directly since the Germans are taking the lead. Also IMO, it points to the Portuguese taking the CB lead seriously too. I'm sure others will have a different take on it though.
 
The “missing persons theory “ I believe was just a cover
not to be continually harassed for info by the press. OG
I believe have been on the same wavelength as the BKA for
some time . The PJ are just trying to save face by saying the UK has given up , not true. OG has cost a fortune of uk taxpayers money but to this day we don’t know what info they could source and what was shared by potentially a German suspect in an another country . Thankfully the BKA cross referencing CB’s pre pay cell against the calls made in PDL was a fantastic piece of fortune that only the
BKA could enable thankfully.Hats off to HCW he’s played this well, and I admire his strategies , I think he’s going to put all the charges in at one go highlighting CB particular m.o to strengthen as much as possible? Though I’m unsure if this how the German court procedure works .
 
JB1510 said:
The “missing persons theory “ I believe was just a cover
not to be continually harassed for info by the press.
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RSBM

Reporting it as missing persons avoids "catching a cold no body murder case" in your stats

The same thing happened on the McStay case where local police didn't want to catch a 4 person no body case with no strong leads. So they pretended it was missing persons until the bodies turned up.
 
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