Germany/Portugal - Christian Brueckner, 27 @ time of 1st crime (2004), charged with sexual assault crimes, Praia de Rocha, Portugal. #2

[Mex]

I'm not sure if this article has already been posted here

Braunschweig: Im Prozess gegen Maddie-Verdächtigen geht's auch um Inga

Im Prozess in Braunschweig gegen Christian Brückner beantragte dessen Anwalt, Beweise nicht zu verwenden – da sie illegal beschafft worden sein sollen.

www.bild.de

*snipped
"The defense's accusation: It wasn't a dog who found the data carriers, but a policewoman - the dog owner's partner.

She had previously searched the property and photographed the site. Her note to her colleagues: “I think we should take a look.” Attorney Fülscher: “Using the files found would violate the principles of a fair procedure.”

Again - how do you prove FF's version of events is untrue?

Reading of the link which if accurate makes a total nonsense of the accusation of illegality. Unless the contention is that the police should not investigate a crime which has been reported to them by members of the public.

 

[misty48]

Reading of the link which if accurate makes a total nonsense of the accusation of illegality. Unless the contention is that the police should not investigate a crime which has been reported to them by members of the public.

I think the legality may depend on the wording on the original search warrant. If police were just searching for any illegal waste disposed of at the box factory then the buried data carriers would not have been in plain sight so not lawfully collected. If police were searching for a (buried) body or concealed evidence of CSA in some form then it would be a different matter.

 

[RichardKimble]

I'm not sure if this article has already been posted here

Braunschweig: Im Prozess gegen Maddie-Verdächtigen geht's auch um Inga

Im Prozess in Braunschweig gegen Christian Brückner beantragte dessen Anwalt, Beweise nicht zu verwenden – da sie illegal beschafft worden sein sollen.

www.bild.de

*snipped
"The defense's accusation: It wasn't a dog who found the data carriers, but a policewoman - the dog owner's partner.

She had previously searched the property and photographed the site. Her note to her colleagues: “I think we should take a look.” Attorney Fülscher: “Using the files found would violate the principles of a fair procedure.”

Again - how do you prove FF's version of events is untrue?

How do you prove FF version is untrue? produce a signed search warrant ?

 

[RichardKimble]

I think the legality may depend on the wording on the original search warrant. If police were just searching for any illegal waste disposed of at the box factory then the buried data carriers would not have been in plain sight so not lawfully collected. If police were searching for a (buried) body or concealed evidence of CSA in some form then it would be a different matter.

The way I read the article is, that the site had been searched previously in relation to Inge, and nothing was found we don't know the date but at a later date a guy was walking his dog, the dog went on to CBs property, the owner followed, smelt decay saw cloth sticking out the ground, he called the police, who just happened to be his wife.A search resulted in the find, was this search under police procedure?

 

[Denis R Tandib]

How do you prove FF version is untrue? produce a signed search warrant ?

You would think the investigation would include the relevant warrant for the date the evidence was found. Obviously it’s not there so FF is questioning it.

 

[mrjitty]

The way I read the article is, that the site had been searched previously in relation to Inge, and nothing was found we don't know the date but at a later date a guy was walking his dog, the dog went on to CBs property, the owner followed, smelt decay saw cloth sticking out the ground, he called the police, who just happened to be his wife.A search resulted in the find, was this search under police procedure?

If that happened without a warrant then it could be an illegal search.

 

[Denis R Tandib]

The way I read the article is, that the site had been searched previously in relation to Inge, and nothing was found we don't know the date but at a later date a guy was walking his dog, the dog went on to CBs property, the owner followed, smelt decay saw cloth sticking out the ground, he called the police, who just happened to be his wife.A search resulted in the find, was this search under police procedure?

If this is the case, it’s loose. I think the word documents are significant for the prosecution’s case, hence the focus from FF.

 

[mrjitty]

You would think the investigation would include the relevant warrant for the date the evidence was found. Obviously it’s not there so FF is questioning it.

Yeah obviously there isn't one. it could explain why he was never charged with possession of that stuff - an easy prosecution with heavy penalty.

 

[mrjitty]

If this is the case, it’s loose. I think the word documents are significant for the prosecution’s case, hence the focus from FF.

It certainly would explain why he was not charged in the MM case so far.

I did speculate about this way back - perhaps they had some evidence they could not really use for some reason that told them what happened but wouldn't stand up in a trial

 

[mrjitty]

The way I read the article is, that the site had been searched previously in relation to Inge, and nothing was found we don't know the date but at a later date a guy was walking his dog, the dog went on to CBs property, the owner followed, smelt decay saw cloth sticking out the ground, he called the police, who just happened to be his wife.A search resulted in the find, was this search under police procedure?

Interesting set of facts.

I wonder if the guy himself had found the lidl bag, whether that would be ok because he is not police, when if on the property without permission. But i do not think a police officer can conduct a search in that way - that is pretty much the definition of an illegal search.

 

[C.greek]

Interesting set of facts.

I wonder if the guy himself had found the lidl bag, whether that would be ok because he is not police, when if on the property without permission. But i do not think a police officer can conduct a search in that way - that is pretty much the definition of an illegal search.

Didn't the BKA mention the books now? If so would they mention illegally acquired material? I am a bit confused. If it were illegally acquired I doubt they would mention their existence?!

 

[mrjitty]

Didn't the BKA mention the books now? If so would they mention illegally acquired material? I am a bit confused. If it were illegally acquired I doubt they would mention their existence?!

In a UK or US trial with jury, you'd have a pretrial hearing to determine whether the material is admissible, and if not, then the jury doesn't get to hear about it.

In the German system where there is no jury, the Judges already have all the evidence and just need to determine whether to exclude it if it was illegally obtained.

 

[Denis R Tandib]

Didn't the BKA mention the books now? If so would they mention illegally acquired material? I am a bit confused. If it were illegally acquired I doubt they would mention their existence?!

HCW has certainly mentioned them and their contents. Like so much of these cases, the prosecution seems to make unnecessary comments in the media.

 

[Denis R Tandib]

Sandra Felgueiras: "arrependo-me amargamente de ter acredito numa pessoa chamada Gonçalo Amaral"

Sandra Felgueiras: "arrependo-me amargamente de ter acredito numa pessoa chamada Gonçalo Amaral" , disse a jornalista.

infocul.pt

SF with a very different view to the one she once had.

 

[RichardKimble]

Translated.

Braunschweig: Im Prozess gegen Maddie-Verdächtigen geht's auch um Inga

Im Prozess in Braunschweig gegen Christian Brückner beantragte dessen Anwalt, Beweise nicht zu verwenden – da sie illegal beschafft worden sein sollen.

www.bild.de

Braunschweig – Next bang in the trial of Maddie suspect Christian Brückner (47)!

He is actually in Braunschweig (Lower Saxony) because of three rapes and two cases of sexual abuse of children in court – not because of the disappearance of Maddie McCann, who had been missing since 2007 (then 3), although the prosecutor thinks he's the murderer. But suddenly another missing child is an issue …

It's about Inga Gehricke (then 5), who attended a barbecue in a forest in 2015 Saxony-Anhalt disappeared. Why? Because the defense made a surprising request on the second day of the trial.

Inga (then 5) disappeared almost eight years after Maddie in 2015 –
Photo: POLICE IDECTION HALL
Defender Dr. Friedrich Fülscher (39) demanded in process, that evidence brought up by the prosecutor against Brückner must not be used. Specifically, it is about two Word files that were found on a USB stick of the accused.

Lawyer speaks of „ fingered search measure “​

In the texts with the file names „ Mother-daughter story “ and „ Zofengeschichte “, the accused fantasizes about the kidnapping of children and rape. According to Fülscher, this evidence was secured during a „ fingered search measure “ on Brückner's property in Saxony-Anhalt – and was therefore worthless.

Inga disappeared at a barbecue at Wilhelmshof in Saxony-Anhalt
Photo: picture alliance / dpa
After Ingas disappeared on the 2nd. In May 2015, the police apparently suspected the criminal pedophiles early on. His property in Neuwegersleben is 100 kilometers from Wilhelmshof, where Inga disappeared.

Police are said to have tricked​

Because there was no permit to search the property, the police tricked.

The accused owned a dilapidated crate factory in Saxony-Anhalt
Photo: Peter Gercke
According to police files, a neighbor was on 14. Walk with his dog on January 2016. This is said to have run through a hole in the fence on Brückner's property and dug it.

Suspicious bag with children's photos​

The witness followed his dog and then noticed a piece of fabric protruding from the ground and a smell of decay. Then he called the police.

The officials should then a. found a Lidl bag with a case. Inside: six USB sticks and two SD cards with texts, videos and child photos.

​

The defense's accusation: It was not a dog who found the data carrier, but a police officer – the dog owner's partner.
She had previously searched the property, photographed the site. Your note to your colleagues: „ I think you would have to look it up. “ Attorney Fülscher: „ Utilization of the found files would violate the principles of a fair trial. “

 

[RichardKimble]

If this is the case, it’s loose. I think the word documents are significant for the prosecution’s case, hence the focus from FF.

It'll be interesting to just what witnesses there are and what they have seen.

 

[mrjitty]

It will obviously be really dumb if they did do an illegal search

 

[Davieson]

From what I've read on here, it seems to me that the items found at the factory could have been open to abuse and manipulation if the search wasn't conducted legally and with a proper chain of custody record.

 

[Mex]

I think the legality may depend on the wording on the original search warrant. If police were just searching for any illegal waste disposed of at the box factory then the buried data carriers would not have been in plain sight so not lawfully collected. If police were searching for a (buried) body or concealed evidence of CSA in some form then it would be a different matter.

Would a warrant be required though if a member of the public reported viewing material on a waste site which was sticking out of the ground and smelled of decay?

 

[C.greek]

HCW has certainly mentioned them and their contents. Like so much of these cases, the prosecution seems to make unnecessary comments in the media.

They only mentioned them now though... I don't know this is getting very confusing!