Madeleine McCann: German Prisoner Identified as Suspect, #39

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  • #641
Just watching ep1 of the Netflix series. I didn't realise at 10pm a family friend had seen a man carrying a child yards from the apartment!

To save me digging through 33 pages, is there much evidence against CB?
The supposed sighting was earlier that night and not at 10pm and it wasn't from the apartment she supposedly saw the child taken from either.
 
  • #642
Obviously an elementary error by Netflix. If they can't get that right, I wouldn't put much reliance on anything else they say.
 
  • #643
re. the Netflix doc. at about 22.20 mins Ep.1 there is AS saying that JT saw the man at about 915pm at the road on corner by the M's appt.
This sighting has since been proposed to be another OC guest J.Tot with his child , although is difficult to say that is definitely only explanation for this sighting of course.
 
  • #644
3 Years of focus on CB and he has never been charged or brought before a trial.
3 years then wasted in looking for the real culprit(s)
At least some will be sleeping better in their beds at night.
I think it needs to be made clear that as yet CB has not been ruled out and remains the only suspect in Madeleine’s disappearance. Just because he has not been charged does not mean it was definitely someone else who took the child or murdered her.
 
  • #645
Just watching ep1 of the Netflix series. I didn't realise at 10pm a family friend had seen a man carrying a child yards from the apartment!

To save me digging through 33 pages, is there much evidence against CB?
Scotland Yard started off their investigation by interviewing persons of interest who
  • were known burglars local to and familiar with the area
  • had been in Praia da Luz when MM disappeared as proven by their phone records
They were investigated and cleared by SY in 2014.
CB shared a matching profile with these persons of interest down to phone activity in May 2007, but like them CB was not interviewed and cleared at that time.

CB's criminal record for sex abuse was unknown to the SY investigators. Although he had been on Portuguese police radar after MM's disappearance but there is no record he was investigated by them and given the opportunity to be eliminated from the inquiry as others fitting the profile had been however belatedly.

Police investigators from the PJ - SY - BKA considered that there was enough circumstantial evidence in 2020 to consider CB to be a person of interest.
Since then and in particular since 2022 CB is considered the only suspect in MM's disappearance.

Snip
In what could be a breakthrough in the inquiry, detectives focused on the three men after a painstaking trawl through mobile phone records.

It is understood there was significant phone traffic between them around the time three-year-old MM vanished from the McCs’ holiday home in the Algarve in May 2007.

One theory is that the burglars raided the apartment in Praia da Luz and were panicked into snatching the little girl when she woke up and started crying.

The Yard cannot discount the possibility the men are not linked to Madeleine’s disappearance but it is vital they are “traced, interviewed and eliminated” as an important step in the inquiry.

Burglars were active in the area in the days before Madeleine was kidnapped and the small but significant increase in the number of break-ins has been a major focus in the Yard’s inquiry.

Shortly before Madeleine was snatched, an apartment was raided and another child was disturbed.
 
  • #646
3 Years of focus on CB and he has never been charged or brought before a trial.
3 years then wasted in looking for the real culprit(s)
At least some will be sleeping better in their beds at night.

A lot of water has flowed under the bridge since MM vanished from the safety of her bed in 2007 and probably thousands have been investigated and eliminated from the inquiry over the intervening period between then and now in 2023.

Scotland Yard started off their investigation by checking out known burglars and crossing them off the list.
So that removed that line if inquiry concerning them; and they kept on looking.

They also checked out a sexual predator who was very active in the Agarve.

Scotland Yard Searches for Local Intruder in MM Case

Scotland yard’s priority now is to establish the identity of this man, saying these offenses are very serious and no one has been charged in connection with them. We also need to eliminate this man from our inquiries and ascertain whether these offenses are linked to MM's disappearance."

It must be extraordinarily difficult for investigators conducting an inquiry to eliminate a suspect who refuses to speak to them.

Snip
German prosecutors and London’s Scotland Yard are following up hundreds of “pieces of information” since CB was identified as a suspect, the paper says.

“Mr B is remaining silent on the allegation at this time on the advice of his defense counsel,” his attorney, FF, told the UK paper, calling it “quite common in criminal proceedings.”
“It is the duty of the state to prove that a suspect committed a crime. No accused person has to prove his innocence to the investigating authorities,” the lawyer insisted.

“Silence on an accusation never constitutes admission of the crime. After we have examined the files, we will see how to proceed,” FF told the UK Times.

Perfectly right and proper and legal
But surely very time consuming in a legal system such as Germany's where it is the duty of the prosecution to investigate not only guilt but any circumstances which may exonerate the suspect.
 
  • #647
Just watching ep1 of the Netflix series. I didn't realise at 10pm a family friend had seen a man carrying a child yards from the apartment!

To save me digging through 33 pages, is there much evidence against CB?

Which doc are you watching? The 2019 (The Disappearance of Madeleine McCann) one or the 2022 (The Case against Christian B) one?

The 2019 one's central premise is flawed as it assumes an abduction, despite no evidence whatsoever to this day to back up that claim. For that reason alone, I don't personally believe it has any merit. JMO.

If you're starting from scratch, the PJ files are and remain the only really reliable source of info here as regards the evening MM disappeared. They provide chapter and verse of everything that happened at the time, in the actual words of all the key people involved. No spin, no angle, just the facts.
 
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  • #648
The supposed sighting was earlier that night and not at 10pm and it wasn't from the apartment she supposedly saw the child taken from either.
The Smith sighting at 10 pm carrying a child fitting a description close to that of Madeleine, rarely gets a mention though.24 minutes in.

 
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  • #649
The Smith sighting at 10 pm carrying a child fitting a description close to that of Madeleine, rarely gets a mention though.
Oh I agree with you
 
  • #650
I'm missing the significance of the Smith/McCluskey/Tanner discussion in relation to CB.
Is it suggested CB was one or all? Only the McCluskey sighting was eliminated. The Smith one was not reported to the PJ for a fortnight.
Is it suggested that CB was the carrier?
 
  • #651
A lot of water has flowed under the bridge since MM vanished from the safety of her bed in 2007 and probably thousands have been investigated and eliminated from the inquiry over the intervening period between then and now in 2023.

Scotland Yard started off their investigation by checking out known burglars and crossing them off the list.
So that removed that line if inquiry concerning them; and they kept on looking.

They also checked out a sexual predator who was very active in the Agarve.

Scotland Yard Searches for Local Intruder in MM Case

Scotland yard’s priority now is to establish the identity of this man, saying these offenses are very serious and no one has been charged in connection with them. We also need to eliminate this man from our inquiries and ascertain whether these offenses are linked to MM's disappearance."

It must be extraordinarily difficult for investigators conducting an inquiry to eliminate a suspect who refuses to speak to them.

Snip
German prosecutors and London’s Scotland Yard are following up hundreds of “pieces of information” since CB was identified as a suspect, the paper says.

“Mr B is remaining silent on the allegation at this time on the advice of his defense counsel,” his attorney, FF, told the UK paper, calling it “quite common in criminal proceedings.”
“It is the duty of the state to prove that a suspect committed a crime. No accused person has to prove his innocence to the investigating authorities,” the lawyer insisted.

“Silence on an accusation never constitutes admission of the crime. After we have examined the files, we will see how to proceed,” FF told the UK Times.

Perfectly right and proper and legal
But surely very time consuming in a legal system such as Germany's where it is the duty of the prosecution to investigate not only guilt but any circumstances which may exonerate the suspect.
Not finding exonerating circumstances does not demonstrate guilt.
Until prosecutors lay charges as regards MM, nothing can move forward, therefore there is no need for CB to say anything. As FF says, when he has the files, he will know what CB is being charged with and can respond accordingly.
Until then it is stalemate.
 
  • #652
Which doc are you watching? The 2019 (The Disappearance of Madeleine McCann) one or the 2022 (The Case against Christian B) one?

The 2019 one's central premise is flawed as it assumes an abduction, despite no evidence whatsoever to this day to back up that claim. For that reason alone, I don't personally believe it has any merit. JMO.

If you're starting from scratch, the PJ files are and remain the only really reliable source of info here as regards the evening MM disappeared. They provide chapter and verse of everything that happened at the time, in the actual words of all the key people involved. No spin, no angle, just the facts.
That goes back to the inception of Operation Grange.Investigators have never moved away from this premise despite finding no evidence to support it.

My opinion.
 
  • #653
Not finding exonerating circumstances does not demonstrate guilt.
Until prosecutors lay charges as regards MM, nothing can move forward, therefore there is no need for CB to say anything. As FF says, when he has the files, he will know what CB is being charged with and can respond accordingly.
Until then it is stalemate.

Quite; the prosecutors will move in their own good time but I don't know about calling it "stalemate" till then. Considering that MM's case started seventeen years ago and is still active.
So while there are still facts to be investigated and we know this to be the case it is still an active investigation.

The burglars interviewed as persons of interest by Scotland Yard were exonerated of any blame in MM’s disappearance after taking part in the interviewing process. That circumvented any requirement for charges to be laid against them jointly or severally since they had been investigated and no evidence was found against them.

Snip
Public prosecution offices are bound to maintain objectivity and required by law to fully investigate the offence in question, ascertaining all the incriminating and exonerating circumstances (Section 160 Paragraph 2 StPO). Like the judge in the main proceedings, it is thus obliged to thoroughly investigate the facts of the case.
Microsoft Word - Germany.doc (unodc.org)

CB was not exonerated when the DM rape was investigated, he was therefore indicted and subsequently found guilty at trial in 2019.
 
  • #654
I'm missing the significance of the Smith/McCluskey/Tanner discussion in relation to CB.
Is it suggested CB was one or all? Only the McCluskey sighting was eliminated. The Smith one was not reported to the PJ for a fortnight.
Is it suggested that CB was the carrier?
Well the allegation is that MM was abducted and murdered, according to HCW by CB,granted HCW never puts much emphasis on the alleged abduction,therefore any alleged sighting of a child being carried around on the night of 3,/05/2007 ,is relevant imo.
 
  • #655
Quite; the prosecutors will move in their own good time but I don't know about calling it "stalemate" till then. Considering that MM's case started seventeen years ago and is still active.
So while there are still facts to be investigated and we know this to be the case it is still an active investigation.

The burglars interviewed as persons of interest by Scotland Yard were exonerated of any blame in MM’s disappearance after taking part in the interviewing process. That circumvented any requirement for charges to be laid against them jointly or severally since they had been investigated and no evidence was found against them.

Snip
Public prosecution offices are bound to maintain objectivity and required by law to fully investigate the offence in question, ascertaining all the incriminating and exonerating circumstances (Section 160 Paragraph 2 StPO). Like the judge in the main proceedings, it is thus obliged to thoroughly investigate the facts of the case.
Microsoft Word - Germany.doc (unodc.org)

CB was not exonerated when the DM rape was investigated, he was therefore indicted and subsequently found guilty at trial in 2019.
In that case there was obviously sufficient evidence to bring to court and secure a conviction.

The same may or may not be so in the case of MM. Continued investigation may or may not take the case further forward.
We will have to wait and see.
 
  • #656
Well the allegation is that MM was abducted and murdered, according to HCW by CB,granted HCW never puts much emphasis on the alleged abduction,therefore any alleged sighting of a child being carried around on the night of 3,/05/2007 ,is relevant imo.

There is indeed a terrific amount of misinformation floating around about the MM case. Much of which is due to the initial botched police investigation where the collection of forensic evidence became a masterclass in "how not to".

Snip
Portuguese detectives were unable to provide evidence that would allow the "formulation of any lucid, sensible, serious and honest conclusion" about the circumstances of the child going missing, the report said.

It continued: "This includes the most dramatic thing — ascertaining whether she is still alive or dead, which seems the most probable.

"The investigators are fully conscious their work is not exempt from imperfections. They worked with an enormous margin of error and achieved very little in terms of conclusive results, especially about the fate of the unfortunate child.


"This is not, unfortunately, a detective novel, a crime scenario fit for the investigative efforts of a Sherlock Holmes or Hercule Poirot, guided by the illusion that the forces of law and justice can always re-establish order."

Perhaps the most damning criticism of the botched investigation is the fact that known burglar and sexual predator CB was allowed to hide in plain sight from May 3 until his existence became apparent to German investigators.

Snip
Carlos Farinha insisted the German's name was one of those passed on to British police in case files in 2012 - and said Scotland Yard had never asked the PJ to take a closer look at him.

Responding to reports CB only became a serious suspect a decade after MM's May 3 2007 disappearance following a bar admission to a drinking pal, Mr Farinha said:
'If the suspicions about this man were so obvious, he would have been the subject of requests made by the British, which were always authorised by Portugal, but those requests about him were never made.

He added in his interview with Lusa: 'If the PJ is being accused of giving CB a lack of priority, the same could be said of the Metropolitan Police.

'In theory everything could have been different but in 2007 and in 2012 we didn't know what we knew in 2017.'

He also described this week's fresh appeal as an initiative of the German police, who were 'convinced it could lead to additional information coming in from the Germany community.'

But appearing to hint that the evidence the three police forces have at the moment may not be enough to bring charges and a successful prosecution, he was quoted as saying:
'Suspicions about the German national have grown but unfortunately they are not enough to make him an arguido and formally accuse him.'

CB has now been constituted an evidence based formal suspect in MM's disappearance by the Portuguese.
 
  • #657
There is indeed a terrific amount of misinformation floating around about the MM case. Much of which is due to the initial botched police investigation where the collection of forensic evidence became a masterclass in "how not to".

Snip
Portuguese detectives were unable to provide evidence that would allow the "formulation of any lucid, sensible, serious and honest conclusion" about the circumstances of the child going missing, the report said.

It continued: "This includes the most dramatic thing — ascertaining whether she is still alive or dead, which seems the most probable.

"The investigators are fully conscious their work is not exempt from imperfections. They worked with an enormous margin of error and achieved very little in terms of conclusive results, especially about the fate of the unfortunate child.


"This is not, unfortunately, a detective novel, a crime scenario fit for the investigative efforts of a Sherlock Holmes or Hercule Poirot, guided by the illusion that the forces of law and justice can always re-establish order."

Perhaps the most damning criticism of the botched investigation is the fact that known burglar and sexual predator CB was allowed to hide in plain sight from May 3 until his existence became apparent to German investigators.

Snip
Carlos Farinha insisted the German's name was one of those passed on to British police in case files in 2012 - and said Scotland Yard had never asked the PJ to take a closer look at him.

Responding to reports CB only became a serious suspect a decade after MM's May 3 2007 disappearance following a bar admission to a drinking pal, Mr Farinha said:
'If the suspicions about this man were so obvious, he would have been the subject of requests made by the British, which were always authorised by Portugal, but those requests about him were never made.

He added in his interview with Lusa: 'If the PJ is being accused of giving CB a lack of priority, the same could be said of the Metropolitan Police.

'In theory everything could have been different but in 2007 and in 2012 we didn't know what we knew in 2017.'

He also described this week's fresh appeal as an initiative of the German police, who were 'convinced it could lead to additional information coming in from the Germany community.'

But appearing to hint that the evidence the three police forces have at the moment may not be enough to bring charges and a successful prosecution, he was quoted as saying:
'Suspicions about the German national have grown but unfortunately they are not enough to make him an arguido and formally accuse him.'

CB has now been constituted an evidence based formal suspect in MM's disappearance by the Portuguese.
Is this of any significance? They've had suspects before as have OG
 
  • #658
In that case there was obviously sufficient evidence to bring to court and secure a conviction.

The same may or may not be so in the case of MM. Continued investigation may or may not take the case further forward.
We will have to wait and see.
Agreed we have no option but to wait and see because nothing is writ in tablets of stone until all the evidence is in and collated.

My point is that investigators have not pulled CB's name out of a hat and decided he's the one! They find evidence to justify suspicions and if there is no evidence it is 'end of'.

There is a process of elimination which has taken place for others. CB is still being investigated regarding MM's case and is the only suspect for the three police forces still investigating him.
 
  • #659
Is this of any significance? They've had suspects before as have OG

I think it is or I wouldn't have bothered to post it; but ultimately it is not my decision to make ;)

The point I have made is that the evidence used in lay and to an extent professional MM discussion has always been incomplete because CB's name was a significant omission from the equation.
 
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  • #660
Is this of any significance? They've had suspects before as have OG
None at all, all the cut and paste in the world doesn't alter the fact for CB to have killed Madeleine, their paths have had to cross,not last week, not last month, not last year but 2007, the thorny issue of removal from 5a cannot be glossed over imo.It was reported FF had been to Luz and examined the scene and timeline.The original appeal on page one of the very first thread talks of trying to determine the movements of CB between 9 pm and 10 pm on the night of 3/05/2007, it obviously matters.
 
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