Madeleine McCann: German Prisoner Identified as Suspect #32

[seasideForest]

Is that a fact or an opinion?

Bild is not known in Germany for accuracy, fact-checking or giving reliable sources. There are a lot of more respected newspapers in Germany. MOO JMO

 

[Denis R Tandib]

If the girl's identity is unknown, then so must be her age. Maybe estimated to be 14 ish

These two rape offences are based on information from Helge B and Manfred S - both criminals. They claim to have viewed them on a video camera collected from CB’s farmhouse when he was in jail. The victims and dates are unknown. The info was used at the DM rape trial.

Given these points it does seem incredibly unlikely a prosecutor could obtain a conviction. I assume that there must be something - and something remarkable - contained within HB and MS’s statements that connect these rapes to that of DM and Irish HB.

I am unsure if having these offences strengthen the HB case or not, perhaps @mrjitty has some insight but I can only think it’s part of a wider strategy as offences without victims or dates would seem to be a very long shots as isolated cases.

 

[mrjitty]

The basis on that seems to be that there was corroborating forensic evidence for the rape of the American woman that they testified they saw on the video tape, so they couldn't have been making it up.

Therefore the prosecutor is now charging the other offences they saw.

I agree it seems flimsy if they don't have corroboration, but perhaps the conviction in the previous rape trial is enough to prove these other 2 offences must also have been committed.

 

[RichardKimble]

Update?

German court throws out sex charges against suspect in Madeleine McCann case

A court in the German city of Braunschweig has thrown out rape and sexual offence charges against Christian Brueckner, who has been formally identified as an official suspect in the Madeleine McCann case, his lawyer said on Thursday.

www.reuters.com

 

[G-Unit]

I wonder if Bild have got this right?

Landgericht unzuständig: Prozess gegen Maddie-Verdächtigen geplatzt

 

[RichardKimble]

Google translate.

Braunschweig - A possible rape trial against Maddie suspect Christian Brückner in Braunschweig has fallen through!

The Regional Court of Braunschweig has "declared itself incompetent with regard to the charges against Christian B. and cancelled the arrest warrant against him," explained Brückner's lawyer Friedrich Fülscher (38).

"The defense has already pointed out in the preliminary proceedings that a local jurisdiction of the Braunschweig judiciary should not exist," Fülscher continued.

Background: the Braunschweig public prosecutor's office had brought charges against the man who allegedly kidnapped and killed little Maddie McCann (then 3) in 2007. This year, he was to be tried for rape and sexual abuse of children at the Braunschweig Regional Court. The indictment is based on evidence that surfaced during the investigation into the Maddie case.

But the defense had questioned whether Braunschweig had jurisdiction at all, saying the prosecution derived jurisdiction from the fact that the suspect's last registered residence in Germany was in Braunschweig in 2016. But that, Fülscher said, is not enough.

"It has long been decided by the BGH that it does not matter where an accused is registered to establish a place of residence. The accused last lived on his property in Neuwegersleben before his arrest abroad," the defense lawyer told BILD. In the small town in Saxony-Anhalt, Brückner owned a dilapidated warehouse. Thus, the public prosecutor's office and court in Magdeburg would be responsible. Or the colleagues in Frankfurt (Main), where Brückner was handed over to the German authorities after his arrest in Italy."For reasons that are not comprehensible here, the Braunschweig public prosecutor's office clung to its jurisdiction and thus risked a reversal by the Federal Supreme Court in the event of an opening," the defence lawyer continued. "This is highly questionable, especially due to the fact that a large number of witnesses might have had to reappear in court on highly incriminating issues in the event of an annulment."

The fact that the arrest warrant has been lifted does not mean that Brückner will be released: the suspect is currently serving a seven-year sentence for rape in Oldenburg Prison.

Hans Christian Wolters to BILD, spokesman for the Braunschweig public prosecutor's office, was surprised by the decision. "Actually, the district court should have served the decision on the defence lawyer and us at the same time. But it didn't do that, so I can't comment on the content yet." He said that after reviewing the decision, it would be necessary to "evaluate it and consider whether we will appeal against it."

A statement from the public prosecutor's office and the Regional Court of Braunschweig is still pending.

It is unclear whether the public prosecutors in Magdeburg or Frankfurt will give the same weight to the evidence as their colleagues in Braunschweig and charge Brückner.

The Maddie case remains unsolved.

Landgericht unzuständig: Prozess gegen Maddie-Verdächtigen geplatzt

 

[mrjitty]

I wonder if Bild have got this right?

Landgericht unzuständig: Prozess gegen Maddie-Verdächtigen geplatzt

Ouch

 

[RichardKimble]

One thing, if true its shows that CB's defence team is to be reckoned with, if the BKA are building a case against CB in regards to Madeleine then one hopes it should not collapse because the i's weren't dotted and the t's crossed.

 

[Lyall0814]

Bonkers legal system they seem to have.

Looks like their courts are stuck in 1870.

 

[RichardKimble]

The Mail is going further with this.

EXCLUSIVE: Madeleine McCann investigation bombshell as court rules German prosecutors have NO jurisdiction to pursue a case against suspect Christian Brueckner​

'The court's decision also means that the Braunschweig judiciary is not responsible for the 'Maddie' case.'

Madeleine McCann suspect may not face charges in Germany

EXCLUSIVE: Madeleine McCann suspect Christian Brueckner may not face charges in Germany after a court there ruled prosecutors had no jurisdiction to pursue a case against him.

www.dailymail.co.uk

 

[UK Girl]

The Mail is going further with this.

EXCLUSIVE: Madeleine McCann investigation bombshell as court rules German prosecutors have NO jurisdiction to pursue a case against suspect Christian Brueckner​

'The court's decision also means that the Braunschweig judiciary is not responsible for the 'Maddie' case.'

Madeleine McCann suspect may not face charges in Germany

EXCLUSIVE: Madeleine McCann suspect Christian Brueckner may not face charges in Germany after a court there ruled prosecutors had no jurisdiction to pursue a case against him.

www.dailymail.co.uk

If they are saying that the Braunschweig judiciary is not responsible for the case isnt it possible for another area in Germany to prosecute the case? If they have the evidence of course?

 

[RichardKimble]

If they are saying that the Braunschweig judiciary is not responsible for the case isnt it possible for another area in Germany to prosecute the case? If they have the evidence of course?

Who knows, like Lyall says the system seems weird .

 

[Davieson]

If they are saying that the Braunschweig judiciary is not responsible for the case isnt it possible for another area in Germany to prosecute the case? If they have the evidence of course?

I imaging the answer must be yes, but will another state have the same enthusiasm to prosecute crimes performed outside of Germany

 

[G-Unit]

One thing, if true its shows that CB's defence team is to be reckoned with, if the BKA are building a case against CB in regards to Madeleine then one hopes it should not collapse because the i's weren't dotted and the t's crossed.

I think his defense team are more competent than whoever represented him in the first rape trial. Did Braunschweig have jurisdiction to try that one, one wonders?

 

[Pixie Child]

Now that this has issue has been heard, CB should shortly be extradited to Portugal to stand trial in the Behan & Others matters.

It’s then up to Portugal if they want to pursue the MM case. If not, he could still be extradited to UK.

 

[UK Girl]

Now that this has issue has been heard, CB should shortly be extradited to Portugal to stand trial in the Behan & Others matters.

It’s then up to Portugal if they want to pursue the MM case. If not, he could still be extradited to UK.

wont the Bethan etc cases be in Germany?

 

[Pixie Child]

wont the Bethan etc cases be in Germany?

I don’t know. Is it possible that everything can be tried in Saxony-Anhalt, just not Braunschweig.

 

[Davieson]

Now that this has issue has been heard, CB should shortly be extradited to Portugal to stand trial in the Behan & Others matters.

It’s then up to Portugal if they want to pursue the MM case. If not, he could still be extradited to UK.

Aren't they past the statute of limitations ?

 

[Davieson]

I don’t know. Is it possible that everything can be tried in Saxony-Anhalt, just not Braunschweig.

It must be possible, but different prosecutors may view the evidence differently

 

[Tekno]

If they are saying that the Braunschweig judiciary is not responsible for the case isnt it possible for another area in Germany to prosecute the case? If they have the evidence of course?

Yes, then it will be moved to Magdeburg or Frankfurt. They have jurisdiction over the box factory he owned in Nieuwegersleben.