Madeleine McCann: German prisoner identified as suspect - #4

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Fizzysolvescrime91 said:
great points and I swing back to this daily from them having something solid.

It’s possible they have something nasty and incriminating but the identity isn’t 100% that of CB.

I’d like to just point something out for consideration (and this will not be news to experienced sleuthers).
- German court cases are very different to those in the UK/America in that the judge takes a very active role in the investigation. Further reading: inquisitorial court cases
- there is rarely a jury.
- the balance of probability prior to getting to the judge is that there must be weight leaning towards a conviction rather than acquittal

you may read that last point and be like ???obviously??? But in the context of CB:

IF there is a video/pictures/media of MM or any other victim coming to harm and it is not 100% the identity of CB (mask,POV etc) then that arrest cannot be made without weightier evidence.

The circumstantial evidence should be beyond watertight.

edit: not trying to patronise; but I have to remind myself to snap out of UK practice when reading up on this. And yes, I swing from “this is going somewhere” to “going nowhere daily”
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What would happen if they didn't get enough evidence but still had a lot? In fact enough that would have sufficed a trial in the UK for eg
 
Fizzysolvescrime91 said:
great points and I swing back to this daily from them having something solid.

It’s possible they have something nasty and incriminating but the identity isn’t 100% that of CB.

I’d like to just point something out for consideration (and this will not be news to experienced sleuthers).
- German court cases are very different to those in the UK/America in that the judge takes a very active role in the investigation. Further reading: inquisitorial court cases
- there is rarely a jury.
- the balance of probability prior to getting to the judge is that there must be weight leaning towards a conviction rather than acquittal

you may read that last point and be like ???obviously??? But in the context of CB:

IF there is a video/pictures/media of MM or any other victim coming to harm and it is not 100% the identity of CB (mask,POV etc) then that arrest cannot be made without weightier evidence.

The circumstantial evidence should be beyond watertight.

edit: not trying to patronise; but I have to remind myself to snap out of UK practice when reading up on this. And yes, I swing from “this is going somewhere” to “going nowhere daily”
Click to expand...

Hi, no I would not take that at all as patronising! I was just reading up on the German legal system and did a post before reading yours. it's all very interesting,
 
Ardoch said:
What would happen if they didn't get enough evidence but still had a lot? In fact enough that would have sufficed a trial in the UK for eg
Click to expand...

the lovely Armchair_Defectives German stages summary was spot on. To answer your question

some evidence but not enough;

Germany wouldn’t progress past stage 1 or 2
UK - it depends what evidence was omitted and whether or not it gets thrown out by the CPS (trial proceedings wouldn’t begin) or whether the evidence was weighty enough to take to trial and then the jury would have to decide “beyond reasonable doubt”

so in short, it’s a hard answer to give and one that relies on what evidence is missing or not. :)

EBM - sorry wrong phrasing initially - it’s gin o clock!
 
Fizzysolvescrime91 said:
the lovely Armchair_Defectives German stages summary was spot on. To answer your question

some evidence but not enough;

Germany wouldn’t progress past stage 1 or 2
UK - it depends what evidence was omitted and whether or not it gets thrown out by the CPS (trial proceedings wouldn’t begin) or whether the evidence was weighty enough to take to trial and then the jury would have to decide “beyond reasonable doubt”

so in short, it’s a hard answer to give and one that relies on what evidence is missing or not. :)

EBM - sorry wrong phrasing initially - it’s gin o clock!
Click to expand...

Well thanks for the compliment :)

Do you know how long stage 1 can take? I read somewhere it has to be of a 'reasonable' time but that's like saying 'how long is a piece of string'!
Would it depend on all the other cold cases that are being looked at or just depend on going through the leads generated with the appeal?
 
Fizzysolvescrime91 said:
the lovely Armchair_Defectives German stages summary was spot on. To answer your question

some evidence but not enough;

Germany wouldn’t progress past stage 1 or 2
UK - it depends what evidence was omitted and whether or not it gets thrown out by the CPS (trial proceedings wouldn’t begin) or whether the evidence was weighty enough to take to trial and then the jury would have to decide “with no reasonable doubt”

so in short, it’s a hard answer to give and one that relies on what evidence is missing or not. :)
Click to expand...
Thank you very much for this - it's really helpful and interesting.
I know nothing in law has an easy answer :) I hope like everyone, that they get enough evidence - and results .
 
A GERMAN prosecutor has told The Sun Portuguese police are still convinced Maddie McCann’s parents are involved in her death.

But Hans Christian Wolters, Braunschweig state prosecutor, is convinced Christian B is the main suspect and Kate and Gerry McCann "don't have anything to do with it".

Mr Wolters said: "I think the Portuguese officials still think that Maddie's parents are responsible for her disappearance.

“I can’t judge the work of my Portuguese colleagues. From our perspective, the suspect is in jail in Germany right now.

Madeleine McCann prosecutor says Portuguese cops ' think parents are responsible'

shameful from the Portuguese. explains why they aren't publicizing this new lead much over there.
 
Mr Wolters admitted time had perhaps been wasted at the beginning of the investigation and he appeared to criticise Portuguese police methods.

He said: "There is a close information exchange between Germany and Portugal, but the information exchange between Germany and Britain is even closer.

"Working together with authorities in south European countries is generally more time-consuming.

"They take a long time for everything and the French or British police are faster.

Madeleine McCann prosecutor says Portuguese cops ' think parents are responsible'

this sounds to me like they're dragging their heels on purpose. makes me sick. :( the answers lie in Portugal IMO, if the police over there aren't taking this new lead seriously the whole thing might collapse. they haven't even searched or dug up any of CB's old homes i read?
 
Kikixxxx said:
Mr Wolters admitted time had perhaps been wasted at the beginning of the investigation and he appeared to criticise Portuguese police methods.

He said: "There is a close information exchange between Germany and Portugal, but the information exchange between Germany and Britain is even closer.

"Working together with authorities in south European countries is generally more time-consuming.

"They take a long time for everything and the French or British police are faster.

Madeleine McCann prosecutor says Portuguese cops ' think parents are responsible'

this sounds to me like they're dragging their heels on purpose. makes me sick. :( the answers lie in Portugal IMO, if the police over there aren't taking this new lead seriously the whole thing might collapse. they haven't even searched or dug up any of CB's old homes i read?
Click to expand...
I think many in the PJ are loyal to Amaral.
 
Andreee said:
His face exudes evil. If I didn't know he was the monster he is, I would still think that.
Click to expand...

Yes his eyes really creep me out
LittleRose said:
Someone mentioned that CB’s face is evil looking. Exorcists can detect it in the eyes. There is a booking pic of him where there is a slight manifestation in his eyes. Not all criminals have demons, but some do. Rape and child sexual abuse are demonic sins of devouring.

It would be interesting to know about occult activity. It’s also curious that he was arrested in Italy carrying a Bible. If he’s demonized, he will be attacked by them at times. He may have some awareness of his issues.
Click to expand...

I honestly feel repulsed by this photo, almost makes me want to cry.
 
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