Madeleine McCann: German Prisoner Identified as Suspect #32

[Pixie Child]

Aren't they past the statute of limitations ?

Not in the MM case because they made him Arguido within the 10y (?) time limit.

With respect to the other offences, yes. But Ireland could ask for him to be extradited.

But agreed, it now falls to the Prosecutor in Saxony Anhalt now.

 

[Lyall0814]

Martin Brunt just said he spoke to Wolters yesterday and apparently everyone knew this might happen. Wolters wasn't expecting a decision today but he knew he didn't have jurisdiction yet. After three years! Are HB and the other victims, and witnesses, going to trust anyone again? Wolters is going to look like a clown after this (unless he can turn it around with an appeal).

 

[RichardKimble]

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.

Where's the precedent for a foreign national killing a brit subject in another country being extradited to the uk ? apart from that the BKA couldn't bring CB to trial as yet why should the MET be able to.

 

[RichardKimble]

Maybe it answers the question of funding for OG, its far from solved imo.

 

[mrjitty]

Bonkers legal system they seem to have.

Looks like their courts are stuck in 1870.

Germany has a federal system so it is important charges are bought in the correct state/district

These kinds of jurisdictional issues can also arise in the US

 

[mrjitty]

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 - it just means the prosecutors from the correct district have to bring the case in the correct court.

 

[RichardKimble]

Martin Brunt just said he spoke to Wolters yesterday and apparently everyone knew this might happen. Wolters wasn't expecting a decision today but he knew he didn't have jurisdiction yet. After three years! Are HB and the other victims, and witnesses, going to trust anyone again? Wolters is going to look like a clown after this (unless he can turn it around with an appeal).

Germany has a federal system so it is important charges are bought in the correct state/district

These kinds of jurisdictional issues can also arise in the US

One would have thought jurisdiction would have been sorted before charges were made. Doesn't hold Wolters or the BKA in good light imo.

 

[RichardKimble]

Yes - it just means the prosecutors from the correct district have to bring the case in the correct court.

Have or can, presumably new prosecutors will look at the evidence first.

 

[SuperdadV8]

It doesn't matter! It's not that he won't be charged at all. It's just possible, the trial won't start at Braunschweig court. So then in Magdeburg or Frankfurt. No big deal, except the time delay being some kind of a pity.

Quite possible, that an appeal of the prosecution will be possible and the trial will start at Braunschweig court at last.

A court is a court, is a court...

Germany has lot's of them!

 

[mrjitty]

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

The factory is quite close to Magdeburg so I presume that would be the correct Court - so basically this was filed in the wrong state.

 

[mrjitty]

It doesn't matter! It's not that he won't be charged at all. It's just possible, the trial won't start at Braunschweig court. So then in Magdeburg or Frankfurt. No big deal, except the time delay being some kind of a pity.

Quite possible, that an appeal of the prosecution will be possible and the trial will start at Braunschweig court at last.

A court is a court, is a court...

Germany has lot's of them!

It's more just procedurally annoying as the prosecutors who worked the case are in Braunschweig - i guess they'll have to brief their colleagues in Magdeburg

 

[RichardKimble]

If what Fülscher is quoted as saying is true why would the Braunschweig prosecutors chance a possible? mistrial ?


"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."

 

[frank-cole]

It seems like the defence, having gone after a technicality, have convinced the courts that it doesn’t fall within the Braunschweig district. Although press headlines may seem grand & bold, I think this will have a relatively simple, yet time consuming follow on. They’ll either appeal & it’ll remain in Braunschweig or it’ll be moved to whatever jurisdiction the court believes it should fall under. I don’t think this is the case being dropped I just think it’s a stumbling block that’ll be moved passed. It’s interesting that the defence worked hard for this to be heard in another district. It adds more weight to the likeliness that the evidence is strong, the suspect is uncooperative & therefore technicalities are the best defence play. I don’t think there’s any chance of CB not being tried for these crimes, it’s just a case of where. I expect it’ll be Germany. If technicalities keep halting things then they always have the option of sending CB to Portugal or England, although I doubt they’d need to. Be happy to hear other thoughts - thanks

 

[Pixie Child]

Where's the precedent for a foreign national killing a brit subject in another country being extradited to the uk ? apart from that the BKA couldn't bring CB to trial as yet why should the MET be able to.

You’re quite right but this is the kind of case that could set a precedent.

The UK might need a body and an inquest, like the Princess Diana case, where Henri Paul was found guilty of unlawful killing.

France sought the extradition of an Irish citizen (Ian Bailey) for the murder of a French citizen in Ireland. The Irish Supreme Court ruled against it. Bailey was convicted in absentia in France. The French haven’t given up on getting their man.

 

[Tekno]

The factory is quite close to Magdeburg so I presume that would be the correct Court - so basically this was filed in the wrong state.

Correct. Or Frankfurt. Someone close to the case confirmed that.

 

[Lilly b]

What we do know from the information now, is things are happening, good bad or ugly, for all those thinking nothing was happening, things take time, and tactics come into play

 

[enquirer6]

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

Brunswick prosecutor Hans Christian Wolters told MailOnline: 'We have not yet been made aware of the court's ruling. We don't understand why Mr Fulscher has it ahead of us as these rulings should be given simultaneously to both parties.​

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'We are still trying to find out exactly what has happened and if it has gone against us we will appeal or have the case moved to another city of jurisdiction in Germany.'​

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In a statement to MailOnline, Mr Wolters continued to remain upbeat insisting nothing would change for the immediate future.​

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He said: 'We will continue to investigate the Maddie case and the accused will remain in custody.​

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'With regard to the decision of the Regional Court of Braunschweig on jurisdiction in the pending proceedings, we will first carefully examine the reasons and then probably have the decision reviewed by the Higher Regional Court of Braunschweig.​

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'We continue to assume that we are responsible for a decision by the Higher Regional Court, so that the investigations into the Maddie case will continue as planned.​

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'In our view, there is currently no reason for speculation about the possible responsibility of the Magdeburg public prosecutor's office for the investigations into the Maddie case and a possible related abandonment of the proceedings.'​

 

[JB1510]

This was always a possibility and we talked about it when FF decided to go down this route . Usual defence stalling tactics , if there is a legal loophole they’ll aim to use it , keep the pay cheques coming in .

 

[UK Girl]

This was always a possibility and we talked about it when FF decided to go down this route . Usual defence stalling tactics , if there is a legal loophole they’ll aim to use it , keep the pay cheques coming in .

but everything should have been filed in the correct place in the first place

 

[Trivento]

Was he actually staying in that old factory…or in his mobile-home nearby ?

https://www.dailymail.co.uk/news/ar...ctory-stored-child-*advertiser censored*.html

Above link from Mail , 15/2/21 , that refers , does not work for some reason ( can find on Google via search “ Christian Brueckner box factory “ ) .

Below is a similar article..

Police link jailed paedophile to abduction of girl aged five in 2015

Prosecutors have re-opened the investigation into whether Christian Brueckner abducted Inga Gehricke after she vanished in Saxony-Anhalt during a family outing in 2015.

www.dailymail.co.uk

First article seems to indicate he was staying with a girlfriend in his mobile-home nearby .
If you’re staying in a mobile-home do you have a fixed region ?
If not , then Braunschweig was his last fixed abode so might still be appropriate court ?