Madeleine McCann: German Prisoner Identified as Suspect #32

[Lyall0814]

This Guardian article's probably more accurate than the Mail?

Sex offences trial of Madeleine McCann suspect cancelled in Germany

 

[Davieson]

Was he actually staying in that old factory…or in his mobile-home nearby ?

Police link jailed paedophile to abduction of girl aged five in 2015

Prosecutors have re-opened the investigation into whether Christian Brueckner abducted Inga Gehricke after she vanished in Saxony-Anhalt during a family outing in 2015.

www.dailymail.co.uk

This article seems to indicate he was staying with a girlfriend in his mobile-home nearby .
If you’re staying in a mobile-home do you have a fixed region ?
If not Braunschweig was his last fixed abode so might still be appropriate court ?

Was he actually staying in that old factory…or in his mobile-home nearby ?

Police link jailed paedophile to abduction of girl aged five in 2015

Prosecutors have re-opened the investigation into whether Christian Brueckner abducted Inga Gehricke after she vanished in Saxony-Anhalt during a family outing in 2015.

www.dailymail.co.uk

This article seems to indicate he was staying with a girlfriend in his mobile-home nearby .
If you’re staying in a mobile-home do you have a fixed region ?
If not Braunschweig was his last fixed abode so might still be appropriate court ?

The court seems to think otherwise

 

[RichardKimble]

Who made the decision to not continue at present, is it a judge ? lawyers ? surely its based on case law and not taken lightly.

 

[Tekno]

Who made the decision to not continue at present, is it a judge ? lawyers ? surely its based on case law and not taken lightly.

I think the Braunschweig court.

 

[RichardKimble]

I think the Braunschweig court.

Made up of judges one supposes, the argument presented and acted upon must have been compelling one would have thought. Bit remiss of Wolters and his team to let an oversight of procedure trip them up imo.

 

[JB1510]

DBMS

 

[mrjitty]

It's more than just procedure - they needed to transfer the whole case to the prosecutors office in Sachsen Anhalt in the first place. Probably they did not want to give up the case.

 

[JB1510]

but everything should have been filed in the correct place in the first place

I know where you’re coming from , the correct place realistically imo is also whomever is conducting the main investigation so seems pointless to want to move it ? It’s just a technicality and used to slow the progress .

 

[RichardKimble]

I know where you’re coming from , the correct place realistically imo is also whomever is conducting the main investigation so seems pointless to want to move it ? It’s just a technicality and used to slow the progress .

But the legal argument must be compelling.

 

[Malleux]

Was he actually staying in that old factory…or in his mobile-home nearby ?

https://www.dailymail.co.uk/news/ar...ctory-stored-child-*advertiser censored*.html

Above link from Mail , 15/2/21 , that refers , does not work for some reason ( can find on Google via search “ Christian Brueckner box factory “ ) .

Below is a similar article..

Police link jailed paedophile to abduction of girl aged five in 2015

Prosecutors have re-opened the investigation into whether Christian Brueckner abducted Inga Gehricke after she vanished in Saxony-Anhalt during a family outing in 2015.

www.dailymail.co.uk

First article seems to indicate he was staying with a girlfriend in his mobile-home nearby .
If you’re staying in a mobile-home do you have a fixed region ?
If not , then Braunschweig was his last fixed abode so might still be appropriate court ?

I think this is the problem. CB is a nomad and wasn't technically (registered) living anywhere in Germany before he did the runner to Portugal in 2016. Therefore Braunschweig have assumed jurisdiction because his last official residence was the kiosk flat he had there.

CB is now claiming he was living at the box factory in 2016 so that's his last 'residence' but if he's trying to argue that angle, what about the house on the Braunschweig allotment he was also renting? He was apparently living there right up to April 2016 when he transferred the ownership and did a flit to the Algarve.

Pictured: Maddie suspect's 'dungeon' under his house

New resident Sabine Selig, 36, phoned police after learning Christian Brueckner, who lived in the Braunschweig house until 2016 was the prime suspect in the Madeleine McCann case.

www.dailymail.co.uk

 

[JB1510]

DBMS

 

[frank-cole]

This was always a possibility and we talked about it when FF decided to go down this route . Usual defence stalling tactics , if there is a legal loophole they’ll aim to use it , keep the pay cheques coming in .

I think it’s possible the defence’s funding will be a controversial issue should it ever be made public.

 

[JB1510]

But the legal argument must be compelling.

Not at all , you could use this loophole on an a different kind of offence for a different person it just relates to where you were living at the time , for CB he’s had iffy addresses for years , maybe he wants court set up at his Avis Rent a Car address ! It’s a strange system but that’s the way it is.

 

[RichardKimble]

Not at all , you could use this loophole on an a different kind of offence for a different person it just relates to where you were living at the time , for CB he’s had iffy addresses for years , maybe he wants court set up at his Avis Rent a Car address ! It’s a strange system but that’s the way it is.

According to Mail report Fulsher said this below, so the legal argument has been going on for awhile, was it taken lightly ?

The defense already pointed out during the preliminary proceedings that the Braunschweig judiciary should not have local jurisdiction.

 

[Lilly b]

According to Mail report Fulsher said this below, so the legal argument has been going on for awhile, was it taken lightly ?

The defense already pointed out during the preliminary proceedings that the Braunschweig judiciary should not have local jurisdiction.

And so it's about jurisdiction, nothing to do with whether he's guilty or not, again it's time and tactics

 

[G-Unit]

As I understood it it's about where CB was registered, not where he was living.

 

[RichardKimble]

And so it's about jurisdiction, nothing to do with whether he's guilty or not, again it's time and tactics

Agreed but FF seems to have the backing of the court, did not Wolters and his team see it coming after having it raised at an earlier stage. As there been case law in the past that as led to a miscarriage of justice which FF could draw on , again from the Mail article.

For reasons that are not understandable here, the public prosecutor's office in Braunschweig clung to its jurisdiction and thus risked being overturned by the Federal Court of Justice if it were opened.

Madeleine McCann suspect may not face charges in Germany

EXCLUSIVE: Madeleine McCann suspect Christian Brueckner may not face charges in Germany after a court there ruled prosecutors had no jurisdiction to pursue a case against him.

www.dailymail.co.uk

 

[frank-cole]

Agreed but FF seems to have the backing of the court, did not Wolters and his team see it coming after having it raised at an earlier stage.

I think the court will make decisions purely on the basis of the law. Jurisdictions aren’t decided based on a criminal defence or a prosecutions case. It’s demographics & not reflective of the strength & validity of either sides cases.

 

[Lilly b]

German court throws out sex charges against suspect in Madeleine McCann case

A court in the German city of Braunschweig has thrown out rape and sexual offence charges against Christian Brueckner, who has been formally identified as an official suspect in the Madeleine McCann case, his lawyer said on Thursday.

www.reuters.com

Not sure if this has been shared, but Saxony-Anhalt, is this where they may take it I wonder

 

[Trivento]

imo ..if it had been Magdeburg prosecutor that had been doing CB investigation past few years…then FF’s line would probably have been this is not correct / no jurisdiction , as although box factory was in CB’s name in 2016 , he wasn’t really living there , as was living in a mobile-campervan ..so cases have to be dropped , as should have been done by a Braunschweig prosecutor ..!
Stalling tactics…imo