Madeleine McCann: German Prisoner Identified as Suspect, #42

[C.greek]

Just for reference from the itv documentary, ALL material from the box factory were deemed inadmissible in the last trial which included extremely incriminating material and videos and photos of CB raping and sexually abusing. This was because of technicalities with the way the material was obtained. This was the first I heard there were videos of CB raping in that stash.

 

[Denis R Tandib]

Exactly this. And as we know, box factory evidence (pen-drives) with any duplicates from other convictions invalidates the whole content of a drive. But the judge not allowing any of the digital evidence is the reason for this obstacle. Nightmare for truth seekers!

Regarding the defence - They’re intelligent lawyers, therefore highly I doubt they’d be naive enough to believe he’s innocent. So they’ll be hoping there’s action - to raise their profile.

It may take until he commits his next sex crime for the prosecution to strike. Either way, in the long run, I think he goes down for this.

To be clear, there are no official reports of the box factory evidence being inadmissible. The defence filed a motion to have it thrown out but there is no confirmation it was. The reporting only states that the evidence was deemed insufficient and that the taking of evidence had closed.

I emailed the Braunschweig court requesting an answer on this - it’s an important point. They responded and I have to follow the FOI process - I’m in the middle of doing it. If/when I get a response, I’ll share it.

 

[C.greek]

To be clear, there are no official reports of the box factory evidence being inadmissible. The defence filed a motion to have it thrown out but there is no confirmation it was. The reporting only states that the evidence was deemed insufficient and that the taking of evidence had closed.

I emailed the Braunschweig court requesting an answer on this - it’s an important point. They responded and I have to follow the FOI process - I’m in the middle of doing it. If/when I get a response, I’ll share it.

Rob Hyde, a journalist in Germany who followed the trial, said explicitly it was inadmissible in the itv docu.

 

[frank-cole]

Good question.

In some cases I've followed, circumstantial evidence was enough to get a conviction for murder....

Even with all the twists and turns as there are here, with differing jurisdictions and charges going towards individual cases, and parsing out of potential evidence on multiple potential cases on a potential suspect at large going towards only a specific case...

Though it's awful and frustrating for this to happen in the case of MM, RIP dear one, I wonder if and hope beyond hope that the "German suspect" the prosecutorial and LE systems amongst the different countries may be ready to identify as a suspect in MM's disappearance/abduction/murder, Have a Plan for charging him toot suite.

As soon as he is released and any evidence that was used as part of another case with admitted crossover between cases (e.g. box factory images/evidence thereof or elsewhere related to the charges for which he served time in prison for just now) can and will be used to arrest him anew on separate charges...

Based on circumstantial evidence that's "in there" for other cases he is implicated in or has been looked at or charged in connection to, which is telling enough to lead LE in Portugal or Germany or elsewhere (e.g., a wider international crime ["trafficking"] syndicate operating across multiple countries, so Interpol perhaps?) for them collectively to bring down the hammer on him and cuff him anew.

Just hopeful and hoping not to be frustrated and disgusted that he may be allowed to waltz off unbidden after he is released after serving time on another charge he was convicted for molesting another young innocent girl, with no follow up on him being an official suspect and charged for Madeleine's murder just because the circumstantial evidence, if it was (e.g., box factory images), was already used to charge and convict him for his other crimes.

I just can't imagine that evidence which is incriminatory wholesale and indicitive of his depravity and criminality, which could include him possessing images of MM, would be prevented from use in this case.

Cuz AFAIK, there ain't no such thing as double jeopardy when it comes to using a trove of images criminal in nature to charge a felon for other crimes.

JMHO

For whatever reason it seems like things have cranked up a few gears, especially in the UK.

I think extradition will not be possible & there’ll probably be some law permitting it for some factor. But that’s just a guess.

From what I’ve been reading & from both sides of this debate - I get the impression that all of us understand that CB may not have the luck in front of the jury & the defence may not be able to play the system as well.

I’m sure there’ll have the best minds working on strategy. IMO if it’s possible the UK can extradite it’ll happen but only if the appeal for the 5 cases fails. In which case I think he’ll be eating Christmas dinner in a UK prison this year.

 

[Denis R Tandib]

Rob Hyde, a journalist in Germany who followed the trial, said explicitly it was inadmissible in the itv docu.

Perhaps he did but he’s a British journalist with no training in German Law - he is not qualified to definitively say this. It may be the case that it was considered inadmissible but that wasn’t released by the court and has not been stated in German reports.

 

[C.greek]

Perhaps he did but he’s a British journalist with no training in German Law - he is not qualified to definitively say this. It may be the case that it was considered inadmissible but that wasn’t released by the court and has not been stated in German reports.

Rob Hyde is a freelance journalist based near Hamburg in Germany. Since 1998 he has been writing for publications ranging from specialist trade magazines to national newspapers. He has also appeared on British and Irish radio, as well as German television including RTL, Spiegel TV and Sky Crime Deutschland. Rob often covers unusual news stories, and has also done commissioned book research on everything from green-washing in Brazil to celebrity Muslim coverts in Germany and Austria. He is a member of the British National Union of Journalists and the International Federation of Journalists and holds British and German citizenship

Rob Hyde | The Times & The Sunday Times

Rob Hyde is a freelance journalist based near Hamburg in Germany. Since 1998 he has been writing for publications ranging from specialist trade magazines to national newspapers. He has also appeared

www.thetimes.com

Why underestimate him?

 

[frank-cole]

Just for reference from the itv documentary, ALL material from the box factory were deemed inadmissible in the last trial which included extremely incriminating material and videos and photos of CB raping and sexually abusing. This was because of technicalities with the way the material was obtained. This was the first I heard there were videos of CB raping in that stash.

Wow! That makes the judges decision extremely reckless. It’s obvious that the box factory evidence was deemed inadmissible for 2 reasons

1 - they needed to introduce a witness to corroborate that some of the box factory evidence was also on email
2 - the trial prosecutor made no reference to to the box factory evidence it in summary

The defence were given the usb of this evidence.

Therefore very clear that the judge didn’t use this evidence to come to her decision. All based on the argument that a police officer dog walker smelling out the scent of a corpse meant the evidence under the source of this smell of death, was inadmissible when they searched. Absolutely ridiculous ruling. It’s no wonder the UK are looking to step in.

 

[C.greek]

Wow! That makes the judges decision extremely reckless. It’s obvious that the box factory evidence was deemed inadmissible for 2 reasons

1 - they needed to introduce a witness to corroborate that some of the box factory evidence was also on email
2 - the trial prosecutor made no reference to to the box factory evidence it in summary

The defence were given the usb of this evidence.

Therefore very clear that the judge didn’t use this evidence to come to her decision. All based on the argument that a police officer dog walker smelling out the scent of a corpse meant the evidence under the source of this smell of death, was inadmissible when they searched. Absolutely ridiculous ruling. It’s no wonder the UK are looking to step in.

Spot on and I hope that is why HCW will be successful in their appeal

 

[frank-cole]

Rob Hyde, a journalist in Germany who followed the trial, said explicitly it was inadmissible in the itv docu.

Yes, journalists from the Mail say the exact same thing.

The new counter narrative that the judge didn’t make things inadmissible & judged based on all of the evidence, seems reactionary rather than logical.

 

[frank-cole]

Spot on and I hope that is why HCW will be successful in their appeal

Agree. But unfortunately imo the appeal won’t be successful. I don’t think the appeal judges consider the evidence they just look for legal errors. And the judge may get away with this one.

I know about 2 things they’ve appealed on (there may be more)

1 - Bias
2 - A legal error in 1 of the cases

Apparently if either are accepted all 4 are then open for an appeal, which could mean reinstatement of - or new arrest warrants & the suspect potentially going back into custody. But I think unlikely

 

[C.greek]

Rob hyde: "Under the body of a dead dog, police found a supermarket bag full of USB sticks with 100s of most vile, sickening and blood curdling child sex crimes, some involving Christian Brueckner doing it and others just collections of it". Itv documentary

 

[Twistinginthewind]

I'm new here & not sure if I'm up to date with everything that has been discussed but this comment caught my eye. JC of Olive Press did indeed claim about 3 months ago that CB's phone was deactivated the very day after MM disappeared. He said it on Olive Press podcast episode 3 available on YT, about 25 minutes in. He said it was an exclusive but I haven't see it repeated elsewhere. Apologies if this has already been discussed.

Thanks for this, @roily!! I didn't know about CB's cellphone being deactivated the day after MM disappeared, wowsa!

And welcome here, it's great to have you onboard!!

Please keep weighing in, your voice and knowledge are valuable, and thank you for posting on this case, we're happy to have your input!

I've been following this case from the beginning (years gone by), but not posting regularly, so it helps when new posters have a new perspective or observations they can share, even if it was lost track of!!

 

[Denis R Tandib]

Rob Hyde is a freelance journalist based near Hamburg in Germany. Since 1998 he has been writing for publications ranging from specialist trade magazines to national newspapers. He has also appeared on British and Irish radio, as well as German television including RTL, Spiegel TV and Sky Crime Deutschland. Rob often covers unusual news stories, and has also done commissioned book research on everything from green-washing in Brazil to celebrity Muslim coverts in Germany and Austria. He is a member of the British National Union of Journalists and the International Federation of Journalists and holds British and German citizenship

Rob Hyde | The Times & The Sunday Times

Rob Hyde is a freelance journalist based near Hamburg in Germany. Since 1998 he has been writing for publications ranging from specialist trade magazines to national newspapers. He has also appeared

www.thetimes.com

Why underestimate him?

Because he has given information which is different to the official court announcements.

The official DPA reports state that the defence filed a motion to exclude the evidence due to it being obtained via an illegal search. However, subsequently, the court heard evidence relating to the search and items found during the it. If the evidence had been deemed inadmissible the court wouldn’t have allowed open litigation of this evidence. The DPA does not state explicitly whether the evidence was inadmissible or not but the process in court indicates that it was allowed.

 

[tedtink]

<modsnip: Please don't try to moderate the discussion> This is strictly a matter of jurisdiction and rights. Like Scotland Yard had to request the PJ from Portugal to interview or reinterview suspects on their behalf, and the PJ had the prerogative to grant the request or not.

The scenario we’re entertaining here, even if taking as a fact that CB is the guilty party before any trial whatsoever, would be something like: a Utah citizen is murdered in New York by a citizen of California, and the guy is apprehended in California but not extradited to NY, where the crime took place, but to Utah, where the victim resided; Utah, unlike California and NY, has the death penalty. So the guy being found guilty in Utah would be sentenced to death; and that’s all for some sketchy maneuvers for the ‘presumption’ that the burden of proof would not be as high in Utah as in the other states?

The very idea of ‘it may be a mistake to want for a case to stay in a place where one thinks it may fail’ is incredibly problematic. It comes with the validation of ‘you can change jurisdictions for the sake of getting an easier conviction’. This is way bigger than CB and MM; that’s a very dangerous precedent.

BBM.

Which "suspects" are you referring to here, that were interviewed and re-interviewed?

 

[Denis R Tandib]

Rob hyde: "Under the body of a dead dog, police found a supermarket bag full of USB sticks with 100s of most vile, sickening and blood curdling child sex crimes, some involving Christian Brueckner doing it and others just collections of it". Itv documentary

Can you please provide the link and time stamp for the inadmissibility comnents?

 

[tedtink]

Can you please provide the link and time stamp for the inadmissibility comnents?

https://www.itv.com/watch/madeleine-mccann-searching-for-the-prime-suspect/10a7175a0001B/10a7175a0001

 

[RichardKimble]

Rob hyde: "Under the body of a dead dog, police found a supermarket bag full of USB sticks with 100s of most vile, sickening and blood curdling child sex crimes, some involving Christian Brueckner doing it and others just collections of it". Itv documentary

But most telling of all not a mention of an image of MM, if as he's saying the evidence is inadmissible then if any image of MM were there then it would be headlines.

The excitement that the met may take over is all hyperbole, there are missing persons cases in the UK that haven't been solved, Lamplugh, Lawrence, a couple of high profile ones to start, its not going to happen.

Like it or not CB will not face charges because of most importantly of all he cannot be placed in Luz on 3/05/2007 , there is no body.

 

[RichardKimble]

According to the prosecutor, the evidence against Christian B in the Madeleine case is circumstantial; his mobile phone was nearby her apartment at the time she vanished, he was a convicted child sex abuser, he had allegedly confessed to a friend, and he had re-registered his car the day after.
There is no forensic evidence to link the suspect to the abduction, and after 18 years, the chances of finding it must be remote.

Madeleine McCann suspect Christian B released after serving rape sentence

The German drifter, who walked free at the end of an unrelated sentence for rape, has been fitted with an electronic ankle tag, surrendered his passport and given probation officers his permanent address.

news.sky.com

 

[C.greek]

Because he has given information which is different to the official court announcements.

The official DPA reports state that the defence filed a motion to exclude the evidence due to it being obtained via an illegal search. However, subsequently, the court heard evidence relating to the search and items found during the it. If the evidence had been deemed inadmissible the court wouldn’t have allowed open litigation of this evidence. The DPA does not state explicitly whether the evidence was inadmissible or not but the process in court indicates that it was allowed.

Actually, what was heard was NOT from the box factory evidence, but from email accounts of CB he had deleted but they got a warrant and got access to them. This is what I recall.

 

[C.greek]

According to the prosecutor, the evidence against Christian B in the Madeleine case is circumstantial; his mobile phone was nearby her apartment at the time she vanished, he was a convicted child sex abuser, he had allegedly confessed to a friend, and he had re-registered his car the day after.
There is no forensic evidence to link the suspect to the abduction, and after 18 years, the chances of finding it must be remote.

Madeleine McCann suspect Christian B released after serving rape sentence

The German drifter, who walked free at the end of an unrelated sentence for rape, has been fitted with an electronic ankle tag, surrendered his passport and given probation officers his permanent address.

news.sky.com

Of course there is no forensic evidence. This is not new information.