Madeleine McCann: German Prisoner Identified as Suspect, #42

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  • #641
That article is about the prosecution attempting to use CB's medical records. Gesundheitsakte are medical records, as in the records made by the doctors that treat a person. Medical forensic examination would be forensisch-medizinische Untersuchung and from the legal point of view that's a completely different thing.
 
  • #642
Regarding HB, the judge also accepted the motion by the defence not to show and admit as evidence the photos from the medical record of CB showing he had a scar


I don't know but to me because the crime is truly abhorrent of violently raping a woman for 5 hours, the judge should have accepted this evidence to be taken into consideration and not having it thrown out as well... so, I don't really believe anymore that proportionality really counts in German courts...

This goes as a response to your previous comment Denis about the German court certainly taking into consideration the Box factory evidence because of the murder crime charge. I really doubt it

So all in all this tells me that the prosecution knows very well how difficult a job they will have with a cold case without a body or any other forensic evidence. That is perhaps why the police commissioner said the Germans have done everything they can within the limits of their legal system jmo

Rowley, the Metropolitan police commissioner, said: “They’ve got to a particular point in their inquiry where the prosecutor doesn’t feel they’re able to prosecute. We’re now at a stage where he remains a suspect for us. We’re taking stock... The Germans have done everything they possibly can do within their law. He has a track record for very serious offences. He remains a suspect in our investigation into Madeleine McCann being missing.”
IIRC, a counter argument was made in court that CB had no such scar, only a small scar on his groin from a medical procedure. We don’t know if the medical report was not used or why and same goes for scar image. We don’t even know what else was in the frame of the image - I do wonder why it as released in the was it was.
 
  • #643
IIRC, a counter argument was made in court that CB had no such scar, only a small scar on his groin from a medical procedure. We don’t know if the medical report was not used or why and same goes for scar image. We don’t even know what else was in the frame of the image - I do wonder why it as released in the was it was.

Well, the medical record of CB with pics was not shown as the motion of CB about his data protection was accepted, and the sun released the photo found in the box factory (I think) showing the scar on his thigh. All in all, to me it seems that the justice system in Germany is extremely strict with the evidence they would accept, and that having a good defence counts loads. I don't doubt for a moment that CB raped HaB, it comes to show though that without forensic evidence, a conviction is extremely difficult. I also don't know how that case would pan out in the UK.
 
  • #644
Don't know where that came from, but it cannot be true. He was convicted for the sexual crimes before. Forensic medical examination of a suspect is a standard in such cases, so all the prosecution needed to do in order to prove he had that tat/scar/birthmark on his thigh was to check the old files. They did not need to dig through the factory stash.
The BZ article from the trial had HaB saying she did not know what the mark was.
 
  • #645
  • #646
Well, the medical record of CB with pics was not shown as the motion of CB about his data protection was accepted, and the sun released the photo found in the box factory (I think) showing the scar on his thigh. All in all, to me it seems that the justice system in Germany is extremely strict with the evidence they would accept, and that having a good defence counts loads. I don't doubt for a moment that CB raped HaB, it comes to show though that without forensic evidence, a conviction is extremely difficult. I also don't know how that case would pan out in the UK.
It seems had CB had the mark in the place Hazel said he had it - interesting coincidence!!

The itv doc made the point that some of the footage included CB on camera sexual assaulting others. I wonder whether there was anything on Hazel in that digital stash
 
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  • #647
Well, the medical record of CB with pics was not shown as the motion of CB about his data protection was accepted, and the sun released the photo found in the box factory (I think) showing the scar on his thigh. All in all, to me it seems that the justice system in Germany is extremely strict with the evidence they would accept, and that having a good defence counts loads. I don't doubt for a moment that CB raped HaB, it comes to show though that without forensic evidence, a conviction is extremely difficult. I also don't know how that case would pan out in the UK.
I don’t have much interest in the HaB case. The below article by Jutta Rabe suggests that the medical report was used in the case against his gf’s daughter - in Magdeburg in 2016. The report clearly states that there was a scar on his right thigh. This is very likely the source of the image - not the box factory. For the record, I think JR is close to the prosecutors and I wonder about her impartiality.

Uta Engmann at HaB’s trial is on the record stating that the suspect has no such scar.

The UK tabloids reported FF stating only a scar on his groin that didn’t match HaB’s description.

I am happy to accept he may be responsible for HaB’s rape.

 
  • #648
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  • #649
I don’t have much interest in the HaB case. The below article by Jutta Rabe suggests that the medical report was used in the case against his gf’s daughter - in Magdeburg in 2016. The report clearly states that there was a scar on his right thigh. This is very likely the source of the image - not the box factory. For the record, I think JR is close to the prosecutors and I wonder about her impartiality.

Uta Engmann at HaB’s trial is on the record stating that the suspect has no such scar.

The UK tabloids reported FF stating only a scar on his groin that didn’t match HaB’s description.

I am happy to accept he may be responsible for HaB’s rape.

The image of the scar from the Sun with the fishnet tights definitely did not come from his medical record.
:)

And he doesn't have a scar Now (or at least when the trial was taking place). I don't recall them saying anything about whether he HAD a scar or a birthmark or something in the past. The photos are proof he did. But they were not used.


As regards your other points, I mentioned all these to show how difficult it is even with a credible witness to have evidence admitted in court, no matter how heinous the crime, if there is no forensic evidence
 
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  • #650
The image of the scar with the fishnet tights definitely did not come from his medical record.
:)
Box factory. As per Sun docu.
And that’s probably one piece of evidence that couldn’t be used in the HaB trial as it had already been used before in the CA of his GF daughter trial or was inadmissible imo
 
  • #651
It doesn't matter. The box factory evidence appears to have been deemed inadmissible for "technical irregularities with the initial search warrant"
What's the source of that claim?
 
  • #652
  • #653
The image of the scar from the Sun with the fishnet tights definitely did not come from his medical record.
:)

And he doesn't have a scar Now (or at least when the trial was taking place). I don't recall them saying anything about whether he HAD a scar or a birthmark or something in the past. The photos are proof he did. But they were not used.


As regards your other points, I mentioned all these to show how difficult it is even with a credible witness to have evidence admitted in court, no matter how heinous the crime, if there is no forensic evidence
If I recall correctly - Fulscher sent Hazel an email trying to pressurise her into dropping her case. I think he acknowledged the scar but tried to tell Hazel she didn’t see the one CB had.

Suspenders - like the ones this weirdo likes to dress himself in, can have cross patterns at the top. I know this because of a rugby team fancy dress party where our prop took his choice of costume way too far!
 
  • #654
  • #655
  • #656
  • #657
  • #658
The image of the scar from the Sun with the fishnet tights definitely did not come from his medical record.
:)

And he doesn't have a scar Now (or at least when the trial was taking place). I don't recall them saying anything about whether he HAD a scar or a birthmark or something in the past. The photos are proof he did. But they were not used.


As regards your other points, I mentioned all these to show how difficult it is even with a credible witness to have evidence admitted in court, no matter how heinous the crime, if there is no forensic evidence
Please take another look at the image. Are they stockings? Could they be male underwear? Is the image cropped? If not cropped, why is the frame specifically used to emphasise the scar? It’s very difficult to say but it’s definitely not clear-cut that he was cross-dressing.

It’s straightforward why they didn’t get a conviction; there is no direct evidence. Scar or no scar, HaB wasn’t certain what it was. Ultimately, the case was built solely on HaB’s account of an attack the occurred in the dark 20 years ago. Doubt without any certainty to support it.
 

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  • #659
Please take another look at the image. Are they stockings? Could they be male underwear? Is the image cropped? If not cropped, why is the frame specifically used to emphasise the scar? It’s very difficult to say but it’s definitely not clear-cut that he was cross-dressing.

It’s straightforward why they didn’t get a conviction; there is no direct evidence. Scar or no scar, HaB wasn’t certain what it was. Ultimately, the case was built solely on HaB’s account of an attack the occurred in the dark 20 years ago. Doubt without any certainty to support it.
He was cross-dressing alright! According to reports from the box factory where he was shown in sexual acts on his own. The cropping is from the Sun to emphasise the scar.
 
  • #660
Please take another look at the image. Are they stockings? Could they be male underwear? Is the image cropped? If not cropped, why is the frame specifically used to emphasise the scar? It’s very difficult to say but it’s definitely not clear-cut that he was cross-dressing.

It’s straightforward why they didn’t get a conviction; there is no direct evidence. Scar or no scar, HaB wasn’t certain what it was. Ultimately, the case was built solely on HaB’s account of an attack the occurred in the dark 20 years ago. Doubt without any certainty to support it.
Clearly stockings.
 
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