Madeleine McCann: German prisoner identified as suspect #27

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  • #761
What I am puzzled with right now is this: from my understanding of reading on the german legal system - which coincidentally is where the greek legal system was based on - i was under the impression that the prosecutors' job is to find evidence both for innocence and guilt.

If this is correct, one would have imagined after 3 years of having CB under the spotlight, the BKA would have already checked everything they could possibly have had to find CB's alibi before going in front of a judge and ask permission for the public appeal.

Let's just say in 2020 they did not know of the various GFs of CB. Surely after the public appeal they were acquainted with them and interrogated them. Still just a couple of months ago HCW said they are 100% certain CB killed MM.

So how come a journalist come up now with an 'alibi' given by a known witness?

What am I missing in my thinking?

I don’t think you’re missing anything, a vague admission from an ex GF that she was with him around that time has morphed into a rock solid alibi to create a sensational headline to promote a doco and sell newspapers ... JMO.
 
  • #762
What I am puzzled with right now is this: from my understanding of reading on the german legal system - which coincidentally is where the greek legal system was based on - i was under the impression that the prosecutors' job is to find evidence both for innocence and guilt.

If this is correct, one would have imagined after 3 years of having CB under the spotlight, the BKA would have already checked everything they could possibly have had to find CB's alibi before going in front of a judge and ask permission for the public appeal.

Let's just say in 2020 they did not know of the various GFs of CB. Surely after the public appeal they were acquainted with them and interrogated them. Still just a couple of months ago HCW said they are 100% certain CB killed MM.

So how come a journalist come up now with an 'alibi' given by a known witness?

What am I missing in my thinking?
You haven't missed anything; the journalist has in fact disclosed that CB does not have an alibi. At least, not the alibi as described in the media.
Now, we will have to see what MWT has up his sleeve. And what FF and CB have up their sleeves to have us fall off our chairs.
BKA is convinced of CB's involvement, therefore it better be good.
 
  • #763
You haven't missed anything; the journalist has in fact disclosed that CB does not have an alibi. At least, not the alibi as described in the media.
Now, we will have to see what MWT has up his sleeve. And what FF and CB have up their sleeves to have us fall off our chairs.
BKA is convinced of CB's involvement, therefore it better be good.
If CB is formally accused and interrogated would his lawyer present the 'alibi' before the case reaches court? Or could they just keep it secret and present it at the trial? Are surprises like this permitted??
 
  • #764
If CB is formally accused and interrogated would his lawyer present the 'alibi' before the case reaches court? Or could they just keep it secret and present it at the trial? Are surprises like this permitted??

He should present the alibi during the formal Police interview. In the UK, if you have a defense you should inform police when you are questioned, hence the caution: ‘It may harm your Defence if you do not mention something you later rely on in Court’. Otherwise, Police would have limited time to investigate it.

It will be interesting to see if CB responds to questions posed in the formal police interview. Defendants like him are usually advised not to give evidence in Court.
 
  • #765
IF there was an interrogation, CB and FF should have denied to comment, at least until checking the files IMO.
 
  • #766
You haven't missed anything; the journalist has in fact disclosed that CB does not have an alibi. At least, not the alibi as described in the media.
Now, we will have to see what MWT has up his sleeve. And what FF and CB have up their sleeves to have us fall off our chairs.
BKA is convinced of CB's involvement, therefore it better be good.

Given its the accuser who has to provide the evidence which proves beyond reasonable doubt, its up to the BKA to make sure their evidence is pretty good.
 
  • #767
If CB is formally accused and interrogated would his lawyer present the 'alibi' before the case reaches court? Or could they just keep it secret and present it at the trial? Are surprises like this permitted??
They could if they wanted, but the Judge would question why they didn't disclose the alibi beforehand and could hold it against them. I think that's the key thing to bear in mind, it is the Judge who dictates what/who is to be heard in the trial and asks all the inquistive questions first based on the dossier from the prosecution. Only after the judge has finished do the prosecution and defence get to ask questions on any particular matter in dispute.

So, if for example CB wanted to claim he was with another person on the 3rd, in reality he would need to state this before the trial because unless the Judge knows that other person is highly relevant to establishing the facts of the case, they may not choose to call them as a witness. The defence cannot decide who is called to testify, it's up to the Judge.

An interesting guide attached which explains the procedure and how it differs to other jurisdictions plus an extract about the defendants right to remain silent.

ETA: It is correct that the prosecution is required to investigate and state in their opening summary in court anything they've found that potentially points to innocence of the accused. We know from HCW's previous comments though that they claim their evidence leads to "no other conclusion" than CB's guilt.
 

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  • #768
He should present the alibi during the formal Police interview. In the UK, if you have a defense you should inform police when you are questioned, hence the caution: ‘It may harm your Defence if you do not mention something you later rely on in Court’. Otherwise, Police would have limited time to investigate it.

It will be interesting to see if CB responds to questions posed in the formal police interview. Defendants like him are usually advised not to give evidence in Court.

You missed out the "But"
But It may harm your Defence if you do not mention something you later rely on in Court
 
  • #769
You missed out the "But"
But It may harm your Defence if you do not mention something you later rely on in Court

Yes - the full context is that the Defendant has the right to remain silent but (in the UK) a Judge can direct a Jury re adverse inferences to be drawn if a Defendant fails to mention something that he later seeks to rely upon.
 
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  • #770
It would be great if HCW would actually bring charges so the evidence could be examined and argued in a legal context as opposed to unsourced BILD claims about what witnesses may have said.
 
  • #771
The Jag is my preference, solely because he changed ownership the next day and Jags seem to have been pretty common in the area at the time - Amaral himself had one. And nobody would suspect that someone getting out of/into a Jaguar was there to go on the rob etc.

In a busy tourist resort, would people have taken notice of cars? The hype at the time was of Smithman and Tannerman carrying a child, perhaps people were more focused on persons on foot, rather than in vehicles? JMO.
Yup, IMO, I think you are right about the Jag, if I were the perp I would quickly sedate her and twins, less fuss, I would put MM in large hold all bag, drop her out the window jump out myself have my car parked right at the window in the car park, and just go, I honestly dont think I would be walking with the child past bars etc in the middle of a town,esp if I had transport and a very secluded window and carpark.
 
  • #772
  • #773
There is a possibility that both german paedos MN and CB could be linked at least by MN's encrypted hard drive, that was hidden in his former flat and found by a following tenant.

In 2017 he revealed the password to the police and since then, there has been no single further info about it's content in the german media.

Both guys frequented the dark web and there must be a reason, why MN hid the drive and kept the password for years. I assume, the content has been shared with the BKA as well. In 2017, CB came into focus of the BKA.

But that’s just assumption, it could just be a coincidence.
 
  • #774
There is a possibility that both german paedos MN and CB could be linked at least by MN's encrypted hard drive, that was hidden in his former flat and found by a following tenant.

In 2017 he revealed the password to the police and since then, there has been no single further info about it's content in the german media.

Both guys frequented the dark web and there must be a reason, why MN hid the drive and kept the password for years. I assume, the content has been shared with the BKA as well. In 2017, CB came into focus of the BKA.

But that’s just assumption, it could just be a coincidence.
I personally believe this is more than a coincidence, but I am still patiently waiting and here reading of course
 
  • #775
https://www.google.com/amp/s/www.mi...s-reject-claims-madeleine-mccann-25905370.amp

Another article, referring to HCW.

But i doubt as well, that HCW really made a comment on this topic.

It's a direct quote though...
Prosecutor Hans Christian Wolters said: “If I had an alibi and was accused of this, I would say it. But I have heard no such claims from Brueckner or his lawyer.”

Even the tabs have to abide by journalistic codes of conduct as far as direct quotes are concerned.
 
  • #776
It's a direct quote though... even the tabs have to abide by journalistic codes of conduct as far as direct quotes are concerned.
Agreed. The Mirror appear to have a close link to HCW to be fair, they always seem to be the first to get his quotes and responses to whatever latest "story" has just come out. I believe the quotes are genuine.
 
  • #777
HCW had an interesting smile on his face in the last BILD-interview whilst saying, that some possibly known witnesses from the rape case, MS and HB, might not be his "crucial" witnesses. After being asked by Feldhaus, if both of them play a role in the MM case.

Screenshot_20220111-181701_Gallery.jpg

Would assume, both of them aren't the key witnesses.

But who could could it be....;)
 
  • #778
HCW had an interesting smile on his face in the last BILD-interview whilst saying, that some possibly known witnesses from the rape case, MS and HB, might not be his "crucial" witnesses. After being asked by Feldhaus, if both of them play a role in the MM case.

View attachment 329578

Would assume, both of them aren't the key witnesses.

But who could could it be....;)
Any guesses?!
 
  • #779
It would be great if HCW would actually bring charges so the evidence could be examined and argued in a legal context as opposed to unsourced BILD claims about what witnesses may have said.
Would we know though of the evidence if CB were charged?! Or would we need to wait for the trial?
 
  • #780
Any guesses?!

Yes, but speculative. I mentioned a few times before, that i personally think, that all the darkweb paedo-ring busts do have an origin and CB could be linked to all of it.

It started in 2016 with operation "Elysium". In 2017 MN gave the passwords to his hard drive after a silence, that lasted about six years. The question is why IMO.

He has been linked to the MM case more than once. He is said to have been at the algarve in the past. Did he tried to bring himself out of the focus of other missing children cases by revealing the content?

Did the content gave fresh leads to other cases?

I personally think, that could be a possibility. But as i said, it's just an assumption.
 
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