Madeleine McCann: German Prisoner Identified as Suspect, #39

[mrjitty]

There were reports of CB having his body photographed in relation to the alleged mark, no doubt his legal team would have been present so questions might have been asked then.
July 2022.

Mr Wolters told a press conference on Friday that Mr Brueckner's defence lawyer, Friedrich Fülscher, still has time to comment on those additional, alleged offences, before a decision on charges will be made.

Police eye breakthrough in Madeleine McCann case

MADELEINE MCCANN suspect Christian Brueckner's physical examination has been carried out by German police, according to a public prosecutor.

www.express.co.uk

yes good memory.

So we know all of these things were being discussed between defence and prosecutor many months before the indictments.

FF may have hoped indictments wouldn't drop but he can hardly have been surprised, and clearly he also telegraphed the jurisdiction challenge long before.

 

[mrjitty]

No one is arguing the evidence won't go away, the court as of this moment agree with CB'S legal team that domicile is an issue within the legal framework of the German system.
One wonders why an appeal against this should be made, its not like its two rival companies competing over a lucrative contract, its peoples lives here from the victims of crimes to an alleged perpetrator.

Probably because it is a big hassle for the prosecutors to change jurisdiction.

 

[mrjitty]

Maybe it's worth repeating.

Due Process hasn't been delayed. Pretrial procedure is part of the process.

Maybe you can say justice has been delayed, but again rules of criminal procedure are part of justice.

 

[Mex]

Maybe it's worth repeating.

Due Process hasn't been delayed. Pretrial procedure is part of the process.

Maybe you can say justice has been delayed, but again rules of criminal procedure are part of justice.

To avoid confusion please let me know if your reference is in relation to my post #401 on this thread or is it a subliminal thought off the top of your head?
Quote #401
On the presumption that you are responding to my post #396 on this thread where I said "The evidence against him won't go away."

As can be seen from recent posts regarding the issue of jurisdiction FF has chosen a minefield with the proven potential of delaying due process.

There might even be more to come just using the existing legislation. For example
Section 24
Challenge of judges; fear of bias
German Code of Criminal Procedure (Strafprozeßordnung – StPO)

If you are questioning the bolded statement above

• CB was charged with five serious sexual offences in October 2022 and steps taken towards implementing the due process of proceeding to trial
• FF raised the question of jurisdiction on CB's behalf and all procedures including the trial were cancelled by the lower court judge as a direct result of FF's intervention (at least that's one who cannot be accused of bias )

My opinion is that that is an interruption to due process. Your opinion differs. So what?

But please do let me know if I have guessed correctly to which post you are replying, thank you.

 

[mrjitty]

My opinion is that that is an interruption to due process. Your opinion differs. So what?

RSBM

A jurisdictional challenge is part of due process. The prosecutor is appealing. The procedural process is playing out. Due process means the application of all the legal rules as regards the accused not the victim.

I think you are talking about justice for the victim, which is why your terminology is confusing to me.

From wiki

Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law.

Due process is an important protection for people accused of crimes. It may be understood as binding the prosecutor and the conduct of the trial.

In other words is it part of due process that the accused be indicted in the correct jurisdiction. The accused cannot be indicted by a prosecutor in a district lacking jurisdiction. In other words, HCW (at this stage) has been found to lack the power to indict the accused. These ideas about jurisdiction are critical to rule of law. Otherwise prosecutors can just do whatever they want.

 

[mrjitty]

Something that you study in law school is that "the law" (i.e the written down rules) are often in conflict with the individual justice or equity of the case. (This is why the law of equity developed).

So I get in this case, the jurisdictional issue seems arbitrary because CB is in jail so who cares where he is indicted, there is no prejudice to him either way. Perhaps an appeal Court will even find this (i don't know what the precise law is).

But due process means prosecutors don't get to play fast and loose with the rules just because it is more convenient to them. Unfortunately that can often be a problem for the overall question of justice - e.g a murder goes free on a so called technicality. But that is the price of the rule of law. Otherwise prosecutors simply have too much power over individual citizens.

if that means CB has to be indicted in Magdeburg, that is a price we have to be willing to accept.

 

[imstilla.grandma]

Simone added: "Madeleine's jawline is more angular and a bit more chiselled compared to her sisters. She also possibly has dimples at the bottom half of her cheeks, which Amelie does not have. Madeleine McCann has a similar mouth to Amelie McCann, however Madeleine's upper lip is thinner and the gap from between her nose and lip is also longer.”

https://www.nationalworld.com/news/madeleine-mccann-artist-creates-pictures-missing-girl-look-like-now-aged-20-4334027

 

[sandy_80]

View attachment 446742
Simone added: "Madeleine's jawline is more angular and a bit more chiselled compared to her sisters. She also possibly has dimples at the bottom half of her cheeks, which Amelie does not have. Madeleine McCann has a similar mouth to Amelie McCann, however Madeleine's upper lip is thinner and the gap from between her nose and lip is also longer.”

https://www.nationalworld.com/news/madeleine-mccann-artist-creates-pictures-missing-girl-look-like-now-aged-20-4334027

does ppl still beilve she is alive
the profile one looks weird somehow

 

[RichardKimble]

does ppl still beilve she is alive
the profile one looks weird somehow

The German police certainly think she is dead but the other side to that is until or unless SY or the McCanns confirm it then she is still alive.

 

[Davieson]

The German police certainly think she is dead but the other side to that is until or unless SY or the McCanns confirm it then she is still alive.

Without a body how can death be confirmed ?

 

[Anxala]

I really don't understand why people are prepared to indulge these grifters that give themselves fancy 'super recogniser' titles, let alone indulge the idea that MM might exist somewhere out there as a 20yr old.

It's so distasteful. They're so distasteful. Why give them oxygen when they so clearly have no interest in MM other than the £s and $s they can make from her.

 

[RichardKimble]

I really don't understand why people are prepared to indulge these grifters that give themselves fancy 'super recogniser' titles, let alone indulge the idea that MM might exist somewhere out there as a 20yr old.

It's so distasteful. They're so distasteful. Why give them oxygen when they so clearly have no interest in MM other than the £s and $s they can make from her.

MM has been the gift that keeps giving since the get go.Nothing of note happening , these tales fill a void for the rags.

 

[RichardKimble]

Without a body how can death be confirmed ?

Job to know, Kerry Needham doesn't accept the official line from the uk police.

 

[sandy_80]

Without a body how can death be confirmed ?

many victims are announced legally dead without a body..take Zachary Ramsay for ex..he might have been fed to unsuspecting ppl ..scary

 

[Davieson]

many victims are announced legally dead without a body..take Zachary Ramsay for ex..he might have been fed to unsuspecting ppl ..scary

Yes but it doesn't mean they are dead, only that the law officially recognises them as dead.

In the case of MM the law doesn't seem interested in doing that.

 

[mrjitty]

Yes but it doesn't mean they are dead, only that the law officially recognises them as dead.

In the case of MM the law doesn't seem interested in doing that.

The 'law' in the UK doesn't do it by itself. Someone would have to bring some kind of legal application for a declaratory judgement. IIRC one circumstance where it might happen is a missing adult where people want to wind up their affairs.

I can't see how it would arise in this case

 

[Mex]

It appears that CB remains optimistic that he is going to require witnesses to vouch for his character in a forthcoming trial or trials.

Could be difficult for them since the convicted felon CB of record probably is not the "friend" they thought they knew and with whom they socialised.

Snip
CB was charged in several separate cases involving sexual offenses allegedly committed in Portugal between 2000 and 2017, including the ... ... ... ...

Although the court in Braunschweig due to issues relating to jurisdiction, it is understood CB could still be charged with the same offences in a different court in Germany.

And in preparation for a potential trial, he has written letters to at least two former friends begging them for support.

Madeleine McCann suspect Christian Brueckner 'writes begging letters'

Christian Brueckner, the prime suspect in the disappearance of Madeleine McCann, has written begging letters to his former friends asking them to talk about what a 'good guy' he is in court.

www.dailymail.co.uk

 

[RichardKimble]

Not to be out done the Mirror had another article.
Desperate calls although he wrote to the anonymous" friends"

Madeleine McCann suspect's desperate calls to pals begging them to back him

The paedophile wants pals to back his defence if he has to stand trial on rape and child sex charges, and has even complained that prosecutors are making him out to be a 'monster'

www.mirror.co.uk

 

[Davieson]

It appears that CB remains optimistic that he is going to require witnesses to vouch for his character in a forthcoming trial or trials.

Could be difficult for them since the convicted felon CB of record probably is not the "friend" they thought they knew and with whom they socialised.

Snip
CB was charged in several separate cases involving sexual offenses allegedly committed in Portugal between 2000 and 2017, including the ... ... ... ...

Although the court in Braunschweig due to issues relating to jurisdiction, it is understood CB could still be charged with the same offences in a different court in Germany.

And in preparation for a potential trial, he has written letters to at least two former friends begging them for support.

Madeleine McCann suspect Christian Brueckner 'writes begging letters'

Christian Brueckner, the prime suspect in the disappearance of Madeleine McCann, has written begging letters to his former friends asking them to talk about what a 'good guy' he is in court.

www.dailymail.co.uk

It would be foolish for him not to try and prepare for any forthcoming trials.

 

[RichardKimble]

It would be foolish for him not to try and prepare for any forthcoming trials.

Why would CB be writing to friends for character witness for a trial that isn't even had a date set , why would a judges ask some one to appear unless they had actually witnessed something of note, With CB incarcerated it would more likely to be a social worker appointed by the prison service. It's a nonsense story because nothing is happening.