Madeleine McCann: German prisoner identified as suspect #29

[BetteDavisEyes]

Portugal identifies suspect in probe of missing British girl Madeleine McCann (nbcnews.com)

McCann was 3 at the time of her disappearance from an apartment where her family was vacationing in the Algarve seaside town of Praia da Luz.

Prosecutors in southern Portugal are formally accusing a suspect in the investigation into the disappearance of Madeleine McCann, a British girl who disappeared nearly 15 years ago while on a family vacation in the southern European country.

A statement on Thursday by the Public Ministry district of Faro, the largest city in Portugal’s Algarve region, did not name the suspect but said they were acting on a request by German authorities and in coordination with English investigators...

 

[Dlk79]

Madeleine McCann's parents 'welcome' news German rapist Christian Brueckner has 'arguido' status | Daily Mail Online

No direct quotes from the parents in the article but from "a source close" to them. Some more comments from HCW though:

Christian Brueckner is also under investigation for two further rapes carried out in Portugal close to where she vanished.

Hans-Christian Wolters, from the Brunswick prosecutor’s office in Germany, revealed that Bruekner faces investigation over the cases.

Wolters, from the Brunswick prosecutor’s office in Germany, said: ’We haven’t spoken in depth about the other two cases, but I confirm we are looking into them.

‘These are two further rape cases and are in addition to the sexual assault on a little girl at the beach and the case of Hazel Behan.

‘These two rape cases are from evidence provided at Brueckner’s trial in 2019 from two witnesses who said they found footage on a video camera of him attacking these two women.

‘We have not been able to identify either of the victims.

‘We actually hope to have these cases all closed within the next few weeks and then it will be possible to consider charges for these but for the Madeleine McCann investigation we still need more time.’

The new allegations stem from a video camera found by two former friends of Brueckner but which has since disappeared.

Footage found on the camera allegedly shows an ‘older’ woman asking for ‘help’ in Italian as she is being whipped and raped by a masked man.

According to the men who have seen and described the footage, the attacker then takes off his mask and they say it is clearly Brueckner.

While another clip, according to the men, shows a younger woman, speaking German, tied to a wooden beam in his house, as she begs to be freed.

The men told police they also recognised the man in the second video as Brueckner and that it was filmed in his Portuguese home.

Their testimony was used to convict Brueckner of raping a 72-year-old American woman in Praia da Luz just two years before Madeleine was abducted.

The victims have never been identified but Mr Wolters said:’The additional rape cases are from the testimony of the witnesses at his trial who described what they had seen on a video they found at Mr Brueckner’s house.’

 

[Dlk79]

Madeleine McCann: German investigation of disappearance could last until next year

Germany, unlike Portugal, does not have a statute of limitations for murder, and the state prosecutor in Braunschweig is currently investigating Brueckner for five separate alleged offences.

They include three cases of rape and two cases of child molestation, the most recent being an incident in 2017 where Brueckner is alleged to have exposed himself and masturbated in front of a group of children.

Wolters told the Guardian that his office would make an announcement regarding the next step towards a possible prosecution at the end of May, but “the end of our investigations into the McCann case is not yet in sight” and could continue into 2023.***

If Brueckner was charged over the other alleged offences in Germany, likely to be at the end of the summer or in early autumn, he would need to either personally consent to do so or the prosecution would need to reissue extradition papers from Italy, where the suspect was last arrested in September 2018 – a process that could take between two weeks and several months.


*** I hate it when the papers do that. The headline is that the investigation "could" go into 2023 and then they don't bother to give a direct quote of what HCW actually said about it, they just paraphrase it themselves.

 

[mrjitty]

This all seems to be similar to what HCW has said before last year, but now the timing on the rape case and child cases is in the summer and the timing on MM unknown but longer

So basically timing seems at least 6-12 months from now

 

[Anxala]

This all seems to be similar to what HCW has said before last year, but now the timing on the rape case and child cases is in the summer and the timing on MM unknown but longer

So basically timing seems at least 6-12 months from now

If that. 'Unforseeable', as far as the MM investigation is concerned, if @Dlk79 's earlier post link is an accurate representation of what HCW said -

"Once that's off the table, we're going to deal exclusively with Maddie," the prosecutor added. However, this could "take quite a while" and an end to the investigations in the "Maddie" case is currently not foreseeable.

 

[SuperdadV8]

This all seems to be similar to what HCW has said before last year, but now the timing on the rape case and child cases is in the summer and the timing on MM unknown but longer

So basically timing seems at least 6-12 months from now

Way more longer. My assumption is, that they are building the case upon CB's special modus operandi.

It started with the DM case. Raping and torturing. Now they need Hazel B. getting raped and tortured for hours. Taking footage whilst doing it. Keeping throphies of his crimes. She additionally reported, that the perp wanted her to use a "special technique" on him, but she couldn't, because she had to throw up. I have an idea, what "technique" she meant.

And if the Hazel B. case will be successful, they are able to pin CB on MM, without the need to have the crime on video or even footage with a recognizable perp on it. The circumstancial evidence, together with a special modus operandi, could be enough to charge him over MM's death.

But a possible sentence according to Hazel B. has to be legally binding. It could take years, because Fresh Fritz Fülscher will go down the whole alley of appeals.

We'll see.

 

[RichardKimble]

With the PJ announcing CB has an Arguido this infers certain right's does this now mean that the BKA cannot override these rights and have to abide by them or if not is it just a tick box exercise to keep the case open in Portugal . What is the rational behind it ?

 

[tedtink]

With the PJ announcing CB has an Arguido this infers certain right's does this now mean that the BKA cannot override these rights and have to abide by them or if not is it just a tick box exercise to keep the case open in Portugal . What is the rational behind it ?

What rights exactly?

 

[Dlk79]

Madeleine McCann parents Kate and Gerry issue statement as suspect named

Madeleine McCann's parents Kate and Gerry said they "welcome the news" Portuguese authorities have declared a German man has been made a formal suspect in her disappearance. The pair, from Leicestershire, have issued a statement on Friday.

The pair, from Rothley, in the East Midlands, have never given up hope of finding their daughter . They added: "Even thought the possibility may be slim, we have not given up hope that Madeleine is still alive and we will be reunited with her."

Kate and Gerry said: "We welcome the news that the Portuguese authorities have declared a German man an “arguido” in relation to the disappearance of our beloved daughter Madeleine. This reflects progress in the investigation, being conducted by the Portuguese, German and British authorities. We are kept informed of developments by the Metropolitan police.

"It is important to note the “arguido” has not yet been charged with any specific crime related to Madeleine’s disappearance. Even though the possibility may be slim, we have not given up hope that Madeleine is still alive and we will be reunited with her. Kate & Gerry."

 

[Betty_Boop88]

With the PJ announcing CB has an Arguido this infers certain right's does this now mean that the BKA cannot override these rights and have to abide by them or if not is it just a tick box exercise to keep the case open in Portugal . What is the rational behind it ?

The right to remain silent and the right to legal representation? How or why would the BKA override those?

Timing is everything; it’s clearly to swerve the SOL.

 

[misty48]

AS CB is now an official arguido in Portugal, does he have the right to be tried in Portugal rather than Germany? I can't see on what grounds Germany could deny his right to be extradited to Portugal should the situation arise.

 

[Betty_Boop88]

… I’ve seen it all now Gerry McCadams

 

[RichardKimble]

What rights exactly?

The right to remain silent, questioned as a witness they don't .

If a person becomes an arguido, they automatically gain certain rights that a witness or suspect would not have.[7] An arguido has the right to be accompanied by a lawyer when questioned.[5] The investigating police may ask the arguido more direct accusatory questions (the answers to which would not be admissible in court if possibly self-incriminatory and asked of a non-arguido) but the arguido must be presented with whatever evidence is held against them,[7] and unlike a witness has the right to remain silent,[8] not to answer any question that may incriminate the person, and does not face legal action for lying.[9]

Witnesses in criminal investigations are legally bound to co-operate with the police and do not have the right to silence and face legal actions if they lie.[7][9] Because of the legal advantages, some individuals apply for arguido status to be given to themselves, e.g. when it would appear that the police suspect them but are trying to use their witness status to extract as much information as possible.[7]

A person who has arguido status has not been formally accused of a crime, arrested or charged,[10] and not all arguidos are subsequently charged.[1] The police may ask a court to restrict an arguido's movement and oblige them to not leave the country.[1] Arguidos cannot change their place of residence, without permission from a court.[10] There is no time limit on the status.[11]

 

[RichardKimble]

The right to remain silent and the right to legal representation? How or why would the BKA override those?

Timing is everything; it’s clearly to swerve the SOL.

But on here its reckoned the SOl would have no bearing on the BKA. What do the Portuguse have to gain, do the PJ now retain the lead again ?

 

[SuperdadV8]

Nice to have you back in here, Boop-Betty!

 

[SuperdadV8]

AS CB is now an official arguido in Portugal, does he have the right to be tried in Portugal rather than Germany? I can't see on what grounds Germany could deny his right to be extradited to Portugal should the situation arise.

Nope. If Portugal wants to charge him, they would need to appeal for an extradition from germany. If the germans are planning to charge him as well, they won't extradite him to Portugal.

There is no right of the suspect to chose where he wants to be charged.

 

[tedtink]

… I’ve seen it all now Gerry McCadams

Nutters everywhere Betty...... These MC trolls, so much easier to spot than invisible fridges are
Constantly trolling & goading others across multiple forums, with multiple user names

Good to see you again BTW!

 

[RichardKimble]

The right to remain silent and the right to legal representation? How or why would the BKA override those?

Timing is everything; it’s clearly to swerve the SOL.

According to wiki, the arguido must be presented with the evidence against them, does this include the BKA

 

[Dlk79]

After banging on about the Portuguese authorities not having any interest in CB as a suspect, some people are working real hard to find a crumb of comfort in them naming now him an Arguido. Not everything has to have some ulterior motive. Maybe they just genuinely suspect he is involved and want to keep all options open that would otherwise be closed off after the SOL expires. Or, as justification to continue their investigation alongside the BKA.

 

[mrjitty]

Way more longer. My assumption is, that they are building the case upon CB's special modus operandi.

It started with the DM case. Raping and torturing. Now they need Hazel B. getting raped and tortured for hours. Taking footage whilst doing it. Keeping throphies of his crimes. She additionally reported, that the perp wanted her to use a "special technique" on him, but she couldn't, because she had to throw up. I have an idea, what "technique" she meant.

And if the Hazel B. case will be successful, they are able to pin CB on MM, without the need to have the crime on video or even footage with a recognizable perp on it. The circumstancial evidence, together with a special modus operandi, could be enough to charge him over MM's death.

But a possible sentence according to Hazel B. has to be legally binding. It could take years, because Fresh Fritz Fülscher will go down the whole alley of appeals.

We'll see.

Well if they aren't going to even charge MM till after they convict on the other offences I'll check back in 5 years!