Madeleine McCann: German Prisoner Identified as Suspect, #39

[Davieson]

CB has refused to co-operate with German police as is his right by German law.

Nor would he answer questions for the Portuguese police when he was made an arguido - or formal suspect - in their investigation two years later.
As is also his right under Portuguese law.

Snip
CB's lawyer FF was quoted by The Times as saying: "Mr B is remaining silent on the allegation at this time on the advice of his defence counsel. This is quite common in criminal proceedings.

German Madeleine McCann murder suspect Christian Bruckner 'won't answer questions'

Lawyers for the man suspected of murdering Madeleine McCann say he will refuse to answer questions because ...

www.9news.com.au

Snip
German paedophile CB was handed a document in prison informing him he was being made an arguido over the British youngster’s May 3 2007 disappearance from her Algarve holiday apartment before being quizzed for the first time about it.
He was asked “where were you the night MM disappeared?” during a barrage of questions fired at him in prison after Portuguese prosecutors made him a formal suspect over the unsolved crime.
______________________________
Sources close to the case in Portugal also revealed on Friday that CB answered none of the questions put to him during his jail interrogation, retaining the right to silence afforded him by his new ‘arguido’ status.
It is the first time CB has faced a formal quiz over MM’s disappearance.

Madeleine McCann’s parents welcome that Brueckner made ‘arguido’

Kate and Gerry McCann say they ‘have not given up hope that Madeleine is still alive’ as German paedophile is quizzed in prison by Portuguese prosecutors

www.standard.co.uk

From the last article link - dated April 2022
“Portugal has a statute of limitations which means the authors of crimes punishable by a maximum prison sentence of more than 10 years cannot generally be prosecuted once 15 years has passed.

“This of course means the ability to prosecute in Portugal in the Madeleine McCann case after May 3 this year could be terminated.

“If she were found alive and had been the victim of sex crimes as a minor, legal proceedings could take place until she was 23.

“But if Madeleine is dead as the German authorities believe and was murdered in Portugal around the time she vanished, the cut-off point for prosecution would be the 15th anniversary of her disappearance under normal circumstances barring any technical issues that could potentially pause the time limit like the Covid pandemic.

“There are some arguments that could be debated but my perception and understanding of the law is that it’s 15 years and that’s it.

“If we had a situation where a body was found and we had reasons to believe it was murder and the authorities here had a person to accuse, we would have a limitation of those 15 years.”

Does this mean that as far as Portugal is concerned, time has run out on them and that CB is no longer classed as an arguido ?

 

[Mex]

From the last article link - dated April 2022
“Portugal has a statute of limitations which means the authors of crimes punishable by a maximum prison sentence of more than 10 years cannot generally be prosecuted once 15 years has passed.

“This of course means the ability to prosecute in Portugal in the Madeleine McCann case after May 3 this year could be terminated.

“If she were found alive and had been the victim of sex crimes as a minor, legal proceedings could take place until she was 23.

“But if Madeleine is dead as the German authorities believe and was murdered in Portugal around the time she vanished, the cut-off point for prosecution would be the 15th anniversary of her disappearance under normal circumstances barring any technical issues that could potentially pause the time limit like the Covid pandemic.

“There are some arguments that could be debated but my perception and understanding of the law is that it’s 15 years and that’s it.

“If we had a situation where a body was found and we had reasons to believe it was murder and the authorities here had a person to accuse, we would have a limitation of those 15 years.”

Does this mean that as far as Portugal is concerned, time has run out on them and that CB is no longer classed as an arguido ?

No it does most certainly does not mean that.
CB will remain arguido until that status is lifted by the AG or he is charged. But as far as any new suspect is concerned the Statute is in force and there will be no further action against any other than CB.

FF was not best pleased and criticised it as being a "procedural trick" - and who would know better than him about such things.

Snip
The development could allow CB to be extradited to Portugal for formal questioning.

The German newspaper Bild reported that his lawyer, FF, said the Portuguese decision appeared to be a “procedural trick”.

Madeleine McCann: Portuguese authorities declare man formal suspect

German police had previously said Christian Brueckner, 44, was probably responsible for toddler’s disappearance in 2007

www.theguardian.com

 

[mrjitty]

Thanks for that, it seems inconceivable that the BKA haven't attempted to question CB, although he has and no doubt been advised to stay silent.

. WHY SHOULD I REMAIN SILENT AS AN ACCUSED OF A CRIME?​

Many mistakes made at the beginning of proceedings are difficult or even impossible to rectify later on. This also includes, and especially, hasty statements by the accused. Those who remain silent do not make themselves suspicious and have nothing to hide. Those who remain silent do not obstruct the investigations and do not prolong the proceedings. Those who remain silent simply know their rights and make use of them.

The defendant in a preliminary investigation has the right to remain silent. No one is obliged to incriminate themselves by testifying.

The principle that nobody is obliged to incriminate himself is not explicitly regulated in the Code of Criminal Procedure. However, it is expressed in several passages and forms the basis of the law. The principle is so fundamental that it is also protected by the European Convention on Human Rights. Lawyers call this principle the nemo-tenetur principle; this stands for the Latin phrase nemo tenetur se ipsum accusare – nobody is obliged to accuse himself.

The citizen not only has the freedom in relation to the state not to have to burden himself, he does not even have to actively participate in the clarification of the facts.

Almost always a statement on the matter has negative effects on the subsequent development of the case, even if the accused himself does not attach great importance to his statement – or thinks he can exonerate himself.

Why should I remain silent as an accused of a crime? - Criminal Law Germany

criminal-law-germany.lawyer

The critical thing here, as we see in the UK, is there is no trial by ambush.

So when a suspect is questioned, the interrogator must disclose the factual foundation. If you don't do so, the interrogation might be inadmissible. Otherwise it would be like having a trial without knowing the evidence, and your lack of explanations being used against you.

This is quite different to the US where there is an absolute right to silence, but interrogators are allowed to mislead the suspect

In simple terms, if you have been identified as a suspect, you should never speak to the police except with careful legal assistance and disclosure of the case against you.

 

[Davieson]

The critical thing here, as we see in the UK, is there is no trial by ambush.

So when a suspect is questioned, the interrogator must disclose the factual foundation. If you don't do so, the interrogation might be inadmissible. Otherwise it would be like having a trial without knowing the evidence, and your lack of explanations being used against you.

This is quite different to the US where there is an absolute right to silence, but interrogators are allowed to mislead the suspect

In simple terms, if you have been identified as a suspect, you should never speak to the police except with careful legal assistance and disclosure of the case against you.

Presumably the Portuguese didn't disclosed their evidence when they questioned CB in prison.

 

[mrjitty]

Presumably the Portuguese didn't disclosed their evidence when they questioned CB in prison.

We don't know what he was asked or on what basis.

But bottom line, because Braunschweig already said he murdered MM, the interrogation is going to be the very last step. Only a clown would cooperate.

 

[Mex]

We don't know what he was asked or on what basis.

But bottom line, because Braunschweig already said he murdered MM, the interrogation is going to be the very last step. Only a clown would cooperate.

And there you have it.

CB will do whatever is in the best long term interests of CB.

Should his court cases go amiss for him his immediate future will concentrate his mind. I think Misty touched on it in her latest post and it surprised me when no-one took it up.

MM has always been a commodity for some people and should CB have any knowledge regarding her its use could be given a thought.
My opinion

 

[Davieson]

I don't think there will be a helpful word out of CB, either before or after any charges that might relate to MM

 

[Mex]

I don't think there will be a helpful word out of CB, either before or after any charges that might relate to MM

The only "help" CB will consider is if it is to his advantage. I don't know what the situation in Germany may be regarding plea bargaining. CB is well known for enjoying his creature comforts though and complaining about his circumstances.
Snip
MM suspect CB has claimed he is being treated worse than top Nazi officials on trial for war crimes in a rambling letter from prison.

Jailed Madeleine McCann prime suspect complains about treatment

Brueckner, 45, is already serving a seven-year sentence in Germany's Oldenburg prison for raping an elderly woman in Portugal in 2005, and has been charged with a string of other sex offences

www.dailymail.co.uk

If he faces extended jail time after his forthcoming trials he may then be amenable to altering his non cooperative stance with MM investigators to use whatever bargaining chips he may hold if any.
My opinion

 

[Davieson]

The only "help" CB will consider is if it is to his advantage. I don't know what the situation in Germany may be regarding plea bargaining. CB is well known for enjoying his creature comforts though and complaining about his circumstances.
Snip
MM suspect CB has claimed he is being treated worse than top Nazi officials on trial for war crimes in a rambling letter from prison.

Jailed Madeleine McCann prime suspect complains about treatment

Brueckner, 45, is already serving a seven-year sentence in Germany's Oldenburg prison for raping an elderly woman in Portugal in 2005, and has been charged with a string of other sex offences

www.dailymail.co.uk

If he faces extended jail time after his forthcoming trials he may then be amenable to altering his non cooperative stance with MM investigators to use whatever bargaining chips he may hold if any.
My opinion

He may, of course, have nothing to offer.

 

[Mex]

He may, of course, have nothing to offer.

I did qualify my post to that effect particularly since the "what ifs" haven't occurred yet.

All we know is that HB will face trial for offences unrelated to MM and according to an earlier post on this thread possibly the MM case is in its preliminary stages as yet with the opportunity for indictment therefore pushed further back than anticipated.

As yet nothing is proven against CB and he will be subject to due process should the police be able to indict him for crimes against MM.

Operation Grange started its investigation into MM's disappearance with paedophilia high on the list
Snip
British detectives later suggested Madeleine might have been one of the victims of a series of sexual assaults on British children in Portugal between 2004 and 2010.

When did Madeleine McCann go missing and what's the latest on the case?

Portuguese police have been searching a reservoir this week about 50 km (31 miles) from where British three-year-old Madeleine McCann disappeared in 2007, authorities said.

www.reuters.com

So we have gone full circle with a convicted paedophile the subject of investigation and with many appropriate caveats the following has been highlighted.
Snip
“We don’t know what the German police aren't saying. What we do know is it is significant they are speaking with the level of confidence they are about an investigation as sensitive as this.
“Having worked with the German police before, my experience of them is they were conservative in their approach, they certainly didn’t build an anticipation of a particular outcome until they were in a position to do something about it.
“I wouldn’t undervalue or underestimate the German prosecutor's confidence when he speaks. But time will tell if this is just another chapter in this story, or if it is the final one and I hope it is the final one.”

Madeleine McCann case development most significant in 15 years, says child safety expert Jim Gamble

Child safety expert Jim Gamble, who played a central role in the investigation into the disappearance of Madeleine McCann, said the latest development in the case is likely to be the most significant in 15 years.

www.belfasttelegraph.co.uk

​

 

[RichardKimble]

DBM.

 

[Salah11]

If they have enough to charge him why haven’t they?


It makes zero sense.

 

[RichardKimble]

If they have enough to charge him why haven’t they?


It makes zero sense.

Perhaps HCWs perception of enough is not matched by the prosecutors.

 

[Mex]

If they have enough to charge him why haven’t they?


It makes zero sense.

No rush.

The only suspect is CB who still has two years to serve for the crime of aggravated rape.

Maddie suspect branded 'danger to society' and denied parole​

CB is currently serving seven years in jail for raping a pensioner in Praia da Luz and had become eligible for parole after serving half of his sentence, taking into account time spent on remand.
However, the Mirror reports that authorities in German believe he has a high risk of reoffending and must stay locked up in Kiel.

Maddie suspect branded 'danger to society' and denied parole amid claims he has an alibi | LBC

Prime suspect in the Madeleine McCann case has been denied parole as he claimed he could not have abducted her because he was miles away and an alibi will back him up.

www.lbc.co.uk

 

[Davieson]

No rush.

The only suspect is CB who still has two years to serve for the crime of aggravated rape.

Maddie suspect branded 'danger to society' and denied parole​

CB is currently serving seven years in jail for raping a pensioner in Praia da Luz and had become eligible for parole after serving half of his sentence, taking into account time spent on remand.
However, the Mirror reports that authorities in German believe he has a high risk of reoffending and must stay locked up in Kiel.

Maddie suspect branded 'danger to society' and denied parole amid claims he has an alibi | LBC

Prime suspect in the Madeleine McCann case has been denied parole as he claimed he could not have abducted her because he was miles away and an alibi will back him up.

www.lbc.co.uk

I don't think that's a valid excuse.
Investigations are costly and if they were ready to do so, then they would charge, not let it hang on for another year or two just because 'there's no hurry' and he's not going anywhere.

IMO

 

[Mex]

Perhaps HCWs perception of enough is not matched by the prosecutors.

The last time CB was given leeway in Germany he fled to Italy and had to be extradited from there to face justice for heinous crimes.

Snip
In 2016, he was jailed for a year and three months for “abusing a child in the act of procuring himself and possessing child ” and in June 2017 he received a 15-month sentence for the sexual abuse of a child.

In 2018, he was arrested in Milan over the rape and extradited to Germany.

Maddie McCann suspect: Who is Christian B, man named as official suspect by Portugal police

Christian Brueckner was identified as a suspect in 2020 in Germany, but Portuguese prosecutors have now made him an official suspect over the 2007 disappearance of Madeleine

inews.co.uk

 

[Anxala]

If they have enough to charge him why haven’t they?

It makes zero sense.

HCW has always used CB's current incarceration term as a reason for why he's in no hurry to charge. Relax! Time is on our side, he says. That he wants the best possible bank of evidence against CB before charging, he says.

That's not to say that what he currently has isn't more than enough to charge CB - perish the thought! - he says. Just that he's in no hurry to tell us what he knows that we don't know but that if we did know would conclusively confirm that CB is the person who abducted and murdered MM. Be patient, he says.

That's the 'sense' of it.

He doesn't have the evidence required to confidently take before a judge. JMO.

 

[Mex]

I don't think that's a valid excuse.
Investigations are costly and if they were ready to do so, then they would charge, not let it hang on for another year or two just because 'there's no hurry' and he's not going anywhere.

IMO

Police investigations are not yet concluded.

Snip
Speaking to the Portuguese daily Expresso investigator HCW said that “the investigation is ongoing but it’s going to take a lot longer”.

https://www.news.com.au/lifestyle/real-life/news-life/german-court-makes-bombshell-ruling-over-prime-suspect-in-madeleine-mccann-disappearance-christian-brueckner/news-story/cf1a7477aea840fdbcacc9c1d81dd813

 

[Davieson]

Police investigations are not yet concluded.

Snip
Speaking to the Portuguese daily Expresso investigator HCW said that “the investigation is ongoing but it’s going to take a lot longer”.

https://www.news.com.au/lifestyle/real-life/news-life/german-court-makes-bombshell-ruling-over-prime-suspect-in-madeleine-mccann-disappearance-christian-brueckner/news-story/cf1a7477aea840fdbcacc9c1d81dd813

Exactly, they are not yet in any position to charge CB in connection to MM

 

[Woodburnbay]

What’s stopping CB instructing his lawyer to say this?

We all know that he is a Patsy-Perhaps he is being paid.