I'm pleased that we've had a resolution. Perhaps we can now move on.No new trial.This is for the DM rape case.
Application rejected: No new trial against Christian B.
Antrag abgelehnt: Kein neues Verfahren gegen Christian B.
Im Oktober wurde Christian B. freigesprochen. Verteidiger wollten danach ein früheres Urteil überprüfen. Der Versuch scheiterte nicht zum ersten Mal.www.braunschweiger-zeitung.de
NOT GUILTY Germany/Portugal - Christian Brueckner, 27 @ time of 1st crime (2004), charged with sexual assault crimes, Praia de Rocha, Portugal. #6
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That's only for the DM case, the ones he was aquitted for are still under consideration.
At the beginning of October, the multiple criminal sex offender was cleared of allegations of three rapes and two cases of child sexual abuse after a trial. There was insufficient evidence to support the conviction, the presiding judge said at the time. The appeal against this judgment with an examination for legal errors is ongoing.
Right, so we have to wait a little longer. They certainly like dragging these things out.
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I don’t recall the time he said that. Any ideas?
If he did say that I think that’ll be downplayed, dismissed or not talked about, both by the defence & their supporters.
I think the prosecutors appeals will fail. Although it’s extremely unlikely CB the paedophile coincidentally just so happened to be urinating around children in a children’s park… I still think that the judge would have kept within the law, irrespective of how rational her judgements were. From a legal perspective I think she will have very carefully ticked the right boxes & therefore they won’t even find 1 legal error.
One doubts that the appeal by CB's defence team was ever going to be pulled off. Not in their wildest dreams.
But in the heady day of the acquittal night have been considered as worth a go.
That the DM rape trial was raised at all in the trial was extraordinary. It was slipped in as part of the theme to bring into question the source of the unseen footage of the two rape charges.
Fair enough.
I’m not too sure why the prosecution led with those. Perhaps they hoped that corroboration would follow as it did when DM was identified along with supporting forensic evidence that CB was her rapist.
We would never have heard about HB had publicity about CB’s conviction in 2019 for the aggravated rape of DM in 2005 the similarity of which matched her own 2004 ordeal so closely that she threw up at the thought.
Had both rapes been known about at the 2019 trial and considered in conjunction one with the other the chances are that HB would have been spared the trauma of the Braunschweig court of 2024. Where the emphasis was not on justice for rape survivors or stranger sexual assault of minors, but on the suspect in a missing child case whose legal team sought to make capital out of the witnesses who had used some of their knowledge of CB to identify him to police as a sex offender.
Their success at turning the trial from ''CB sexual predator'' into ''CB victim of the police and MM media'' was outstanding.
My opinion
But in the heady day of the acquittal night have been considered as worth a go.
That the DM rape trial was raised at all in the trial was extraordinary. It was slipped in as part of the theme to bring into question the source of the unseen footage of the two rape charges.
Fair enough.
I’m not too sure why the prosecution led with those. Perhaps they hoped that corroboration would follow as it did when DM was identified along with supporting forensic evidence that CB was her rapist.
We would never have heard about HB had publicity about CB’s conviction in 2019 for the aggravated rape of DM in 2005 the similarity of which matched her own 2004 ordeal so closely that she threw up at the thought.
Had both rapes been known about at the 2019 trial and considered in conjunction one with the other the chances are that HB would have been spared the trauma of the Braunschweig court of 2024. Where the emphasis was not on justice for rape survivors or stranger sexual assault of minors, but on the suspect in a missing child case whose legal team sought to make capital out of the witnesses who had used some of their knowledge of CB to identify him to police as a sex offender.
Their success at turning the trial from ''CB sexual predator'' into ''CB victim of the police and MM media'' was outstanding.
My opinion
Playgrounds have a magical attraction for CB. His first sexual abuse took place in a playground and he masturbated . The sexual abuse of his girlfriend's daughter also took place in a playground. He should have been told by the judge at this time never to go even 50 metres near a playground again.
But magically he now peed in a playground without urine in front of children.
I don't think they win the appeal. One can only hope he will stay on the radar of the police when he is released. Because I am sure playgrounds will be his first places to visit then.
But magically he now peed in a playground without urine in front of children.
I don't think they win the appeal. One can only hope he will stay on the radar of the police when he is released. Because I am sure playgrounds will be his first places to visit then.
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Google Translate.
www.welt.de
In October Christian B. was acquitted of five serious allegations. The defenders then wanted to have an earlier judgment against him reviewed. The attempt did not fail for the first time.
The rape judgment from 2019 against the suspect also in the Maddie case persists: Christian B.'s defense failed again with the attempt to reopen the proceedings. The application was rejected as inadmissible, the district court said Göttingen at the request of the German Press Agency. From the court's point of view, no reason for reopening had been brought up, said a spokeswoman. The guilty verdict is therefore still valid.
Christian B. is currently serving a sentence for the rape of a 72-year-old American in Portugal, for which he was brought by the district court in 2019 Braunschweig had been convicted. The request to postpone enforcement was also rejected as unfounded, as the judge said.
display
The proceedings against Christian B. have been the focus of international media for several years because 48-year-old Germans are suspected of murder in the case of the three-year-old Madeleine «Maddie » McCann, who disappeared from a Portuguese holiday complex in 2007. There are no charges against the Maddie complex; the presumption of innocence applies.
At the beginning of October, the multiple criminal sex offender was cleared of allegations of three rapes and two cases of child sexual abuse after a trial. There was insufficient evidence to support the conviction, the presiding judge said at the time. The appeal against this judgment with an examination for legal errors is ongoing.
After the acquittal, the defense had sought to resume the 2019 trial for the third time, partly due to witnesses that they considered unbelievable. The defense had not hoped for a great chance of a new trial.
Antrag abgelehnt: Kein neues Verfahren gegen Christian B. - WELT
Im Oktober wurde Christian B. von fünf schweren Vorwürfen freigesprochen. Die Verteidiger wollten danach ein früheres Urteil gegen ihn überprüfen lassen. Der Versuch scheiterte nicht zum ersten Mal.
In October Christian B. was acquitted of five serious allegations. The defenders then wanted to have an earlier judgment against him reviewed. The attempt did not fail for the first time.
The rape judgment from 2019 against the suspect also in the Maddie case persists: Christian B.'s defense failed again with the attempt to reopen the proceedings. The application was rejected as inadmissible, the district court said Göttingen at the request of the German Press Agency. From the court's point of view, no reason for reopening had been brought up, said a spokeswoman. The guilty verdict is therefore still valid.
Christian B. is currently serving a sentence for the rape of a 72-year-old American in Portugal, for which he was brought by the district court in 2019 Braunschweig had been convicted. The request to postpone enforcement was also rejected as unfounded, as the judge said.
display
The proceedings against Christian B. have been the focus of international media for several years because 48-year-old Germans are suspected of murder in the case of the three-year-old Madeleine «Maddie » McCann, who disappeared from a Portuguese holiday complex in 2007. There are no charges against the Maddie complex; the presumption of innocence applies.
At the beginning of October, the multiple criminal sex offender was cleared of allegations of three rapes and two cases of child sexual abuse after a trial. There was insufficient evidence to support the conviction, the presiding judge said at the time. The appeal against this judgment with an examination for legal errors is ongoing.
After the acquittal, the defense had sought to resume the 2019 trial for the third time, partly due to witnesses that they considered unbelievable. The defense had not hoped for a great chance of a new trial.
I could not agree more.
The expert opinion expressed in court detailed how dangerous this man is to women and children.
The opinion was based on his known history and the caveat given that a full assessment could not be determined as the accused refused to speak either to him or to police investigators.
I don’t know if it can be considered a point of law that the charges had been withdrawn by the court before either expert testimony such as this and eye witness testimony from some of those present in the Messines playground had not been heard; and that after it was heard was disregarded and excoriated in the blanket criticism meted out to witnesses when summed up by the presiding judge.
But perhaps it will be given consideration. Much as the initial complaint from the prosecution about bias was disallowed previously.
There is a fine line which must be drawn to balance the justice and fairness to which the accused is entitled by law and that to which claimants are entitled and I think it possible that balance was not achieved in the Braunschweig court.
Therefore I think it perfectly possible that this time around the Prosecution will be successful in appealing against the verdict. Only next time around the emphasis should not be on MM but on the cases which are actually under trial which in 2024 might not have been given the attention to which they were due.
My opinion
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Good point but imo reasoning, justice & fairness may not factor into whether the judge made legal errors. I think an experience judge would have been careful not to cross those lines.
If the appeals court were reviewing the evidence & expert witness reports, imo there’d be a decent prospect of the appeals court being successful. However imo I don’t think this will be a factor with this appeal.
Wolters says no charges in the foreseeable future.
news.sky.com
Madeleine McCann suspect won't face charges for foreseeable future, prosecutor tells Sky News
Christian B is the prime suspect in the disappearance of Madeleine McCann. He is coming to the end of his jail sentence for the rape of an elderly American woman.
Not too sure about when exactly this interview took place.Wolters says no charges in the foreseeable future.
Madeleine McCann suspect won't face charges for foreseeable future, prosecutor tells Sky News
Christian B is the prime suspect in the disappearance of Madeleine McCann. He is coming to the end of his jail sentence for the rape of an elderly American woman.
On hearing the first broadcast it just sounded so much like very old news dating back to the acquittal.
Has the prosecutor given another live interview ... or is it merely rehashed 'old news' as one suspects.
This was on Sky this morning .. seems M.Brunt made enquiries with HCW yesterday ( 16th Jan ) and got an email reply or suchlike shortly after .
imo .. it’s worth remembering HCW’s focus just now is on progressing the appeal against the recent acquittal . They’re not likely to be charging re. MM while that is going on .
The judge at the recent trial stated that the prosecution’s earlier statements and focus on MM was a major reason CB was acquitted , in those other cases ( subject of this thread ) .
Therefore .. imo .. HCW will be doing everything possible to ensure the appeal works .. and downplaying the MM angle for now would certainly tie in with that , not wanting the same criticisms to be directed his way re. said appeal .
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I put it in the McCann thread.Wolters says no charges in the foreseeable future.
Madeleine McCann suspect won't face charges for foreseeable future, prosecutor tells Sky News
Christian B is the prime suspect in the disappearance of Madeleine McCann. He is coming to the end of his jail sentence for the rape of an elderly American woman.
TBH that still does really tally with what he is saying. That he will be released in Sept and they do not have the evidence to indict. Really after all these years of saying they have concrete evidence?
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What it shows is that that there is no forensic / scientific link to the alleged abduction of MM nor any forensic/ scientific evidence of an alleged abduction.imo.If it was the evidence of HeB and MS ,that's been shown to be lacking, again imo.
It was my understanding that the appeal had been submitted and was awaiting a decision.
Fears for Maddie case as lawyer says top suspect 'WON'T be charged soon'
THE Madeleine McCann prime suspect Christian Brueckner will not be charged anytime soon and could walk free, the case’s chief prosecutor has admitted. The paedophile, 47, remains the main sus…
www.thesun.co.uk
The appeal still has not been fully submitted according articles such as above one from The Sun .
The judge from recent trial still has to produce their acquittal in writing it seems ( to which there is a deadline soon approaching ) .. and only after that can HCW make proper formal appeal ..
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I agree. On reflection - HCW’s media comments have probably ended up working against them. This certainly gifts ammo to further vilify him.
The real & most tragic element is that there are 2 grieving parents suffering at the end of all of this.
I now doubt that they have a bulletproof case nor do they want to show their hand. It’s right to focus on the appeal even with low chance of success.
IMO -
Have they got the right man? 100%
Have they got enough to win at trial? Yeahnomaybedodon’t.
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