Madeleine McCann: German Prisoner Identified as Suspect, #42

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  • #721
I agree. First off they have started interviews in Portugal. Perhaps they have already done more and we are not aware of. They also sent an interview request with CB. They also requested the files from the BKA. They indeed heard their German counterparts, and are moving!
Agree. I wonder how the double jeopardy law works say for example if he was found innocent in the Uk!? I’m assuming they wouldn’t be allowed to prosecute in Germany if they found something else in the future.

I only think the UK will put the work in if there’s a clear legal route to extradite
 
  • #722
Exciting - in Germany the appeal is waiting and in the UK possibly the indictment in the Madeleine McCann case.
Yes - I was reading something on another thread that made sense - it may be that if the appeal fails the plan could be for the UK to extradite. However I think they’ll be a few more searches before anything happens.

I don’t think his lawyers would defend him in the UK. Their method may not be as effective in a system they don’t fully understand.
 
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  • #723
're extradition a quick Google will bring you this.


German law generally prohibits the extradition of German nationals to non-EU countries, a principle enshrined in Article 16(2) of the German Constitution (Grundgesetz), which allows extradition only exceptionally to other EU member states or certain international courts, provided the rule of law is observed. This prohibition extends to countries like the United States and the United Kingdom, which are now classified as third countries following Brexit. However, German citizens can be extradited to other EU states under the European Arrest Warrant (EAW) framework, which facilitates swift surrender and does not require the principle of double criminality for certain serious offences. For non-German EU citizens residing in Germany, the situation is different; Germany is not obliged to protect them from extradition to non-EU countries to the same extent as its own nationals, and the requesting EU member state must first be informed before any action is taken.

  • Extradition of German Nationals to Non-EU Countries: German nationals cannot be extradited to non-EU countries under any circumstances, as this is explicitly prohibited by Article 16(2) of the German Constitution. This prohibition is absolute and does not extend to third countries, including the USA and the UK.
  • Extradition of Non-German EU Citizens to Non-EU Countries: While German law does not offer the same constitutional protection to non-German EU citizens as it does to German nationals, the European Court of Justice (ECJ) has established that an EU member state must inform the member state of which the EU citizen is a national before extraditing them to a non-EU country. The citizen’s home country can then request their surrender for prosecution under the Framework Decision 2002/584/JHA.
  • Extradition to EU Countries: Germany can extradite its nationals to other EU member states under the European Arrest Warrant system, which operates on the principle of mutual recognition and does not require double criminality for 32 specific serious offences, such as terrorism, drug trafficking, and human trafficking. The rule of law is presumed to be upheld within the EU, making such extraditions permissible.
  • Human Rights and Assurances: In cases involving extradition to non-EU states, German courts may consider human rights concerns. For instance, if a requesting country has a history of unfair trials, the German court may require formal assurances, such as independent monitoring, to guarantee a fair trial before certifying extradition.
Also.

Extradition after Brexit: German and non-German citizens​

In the case of extradition, the nationality of the person concerned is particularly decisive. Germany, for example, does not extradite German citizens to third countries. Since Brexit, the United Kingdom has been a third country. According to the German Federal Ministry of Justice, German citizens may only be extradited to other EU states following Article 16 of the German Basic Law (GG) and, therefore, no longer to the United Kingdom.

More.
No German may be extradited to a foreign country. The law may provide otherwise for extraditions to a member state of the European Union or to an international court, provided that the rule of law is observed.


 
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  • #724
I am wondering, are people generally happy that CB cannot be charged yet for MM's murder in Germany, due to the legal constraints of using circumstantial evidence such as there are?

I mean we saw what happened with the previous trial, insufficient evidence (because box factory corroborating evidence was not admitted in the end - and i have to say i read all the previous posts and court reports and it seems like there was a long discussion on the inadmissibility of the evidence and then nothing was presented from the box factory - so publically there might not have been such a statement but this evidence was surely not presented later or discussed).

Because for me, this is twisted justice.

Just thinking out aloud. Imo
 
  • #725
I am wondering, are people generally happy that CB cannot be charged yet for MM's murder in Germany, due to the legal constraints of using circumstantial evidence such as there are?

I mean we saw what happened with the previous trial, insufficient evidence (because box factory corroborating evidence was not admitted in the end - and i have to say i read all the previous posts and court reports and it seems like there was a long discussion on the inadmissibility of the evidence and then nothing was presented from the box factory - so publically there might not have been such a statement but this evidence was surely not presented later or discussed).

Because for me, this is twisted justice.

Just thinking out aloud. Imo
Enough circumstantial evidence taken together, (plus motive, means, and opportunity) have been used to convict many famous killers, especially before DNA or when a body isn’t located.
They got Ted bundy on gas station receipts from filling up near his crimes, IIRC.

I am confused as to why his cell phone pinging nearby towers is dismissed as “someone else could have been using his cell phone” in this MM case. Could be a USA/EU difference, but I know some of the damning evidence in the Long Island Serial Killer case is that his cell pinged off towers near the crimes and that calls to victims, though they came from burner phones, the locations of those burner phones matched Rex’s phone in each case.

Back to CB tho: Who loans someone their cell phone? to me, that would be like loaning my wallet, but I suppose in earlier days of cell phones maybe ppl borrowed them more?
 
  • #726
Agree. I wonder how the double jeopardy law works say for example if he was found innocent in the Uk!? I’m assuming they wouldn’t be allowed to prosecute in Germany if they found something else in the future.

I only think the UK will put the work in if there’s a clear legal route to extradite
I think they will need to have sufficient evidence to charge and to satisfy the CPS before they can apply for extradition.
I don't think they can extradite and then try to build a case.
 
  • #727
Enough circumstantial evidence taken together, (plus motive, means, and opportunity) have been used to convict many famous killers, especially before DNA or when a body isn’t located.
They got Ted bundy on gas station receipts from filling up near his crimes, IIRC.

I am confused as to why his cell phone pinging nearby towers is dismissed as “someone else could have been using his cell phone” in this MM case. Could be a USA/EU difference, but I know some of the damning evidence in the Long Island Serial Killer case is that his cell pinged off towers near the crimes and that calls to victims, though they came from burner phones, the locations of those burner phones matched Rex’s phone in each case.

Back to CB tho: Who loans someone their cell phone? to me, that would be like loaning my wallet, but I suppose in earlier days of cell phones maybe ppl borrowed them more?
Prosecutors haven't been clear as to why they are certain it is his phone, only that they belive it to be his, hence the need to locate and identify the caller.
He was in prison up until a few months earlier, so it is possible that his pre-prison phone was not the same as his phone post-prison.
 
  • #728
Prosecutors haven't been clear as to why they are certain it is his phone, only that they belive it to be his, hence the need to locate and identify the caller.
He was in prison up until a few months earlier, so it is possible that his pre-prison phone was not the same as his phone post-prison.
Correct - the mobile phone or at least the sim card should, at least my information, be attributed to the car dealer heard a few days ago.
 
  • #729
Correct - the mobile phone or at least the sim card should, at least my information, be attributed to the car dealer heard a few days ago.
you mean Piro? I remember there was a discussion that while he was in prison Piro had the phone?
 
  • #730
you mean Piro? I remember there was a discussion that while he was in prison Piro had the phone?
Perhaps OG have clarified the phone angle.
 
  • #731
  • #732
Regarding the inadmissibility and non-use of evidence in CB's trial last year. The reporting is somewhat confusing as to the details of which evidence was claimed to be inadmissible and which was held back as it related to the "murder" of Madeleine McCann. As a previous contributor has said there is no official or reliable report of what the court decided in these matters but we can get some idea of the toing and froing from the articles below. They also illustrate something of what the German police/prosecutors think they have to connect CB to Madeleine's "death".

Detective Titus Stampa apparently spoke to Hello! (of all media outlets!). According to an article by Emmy Griffiths of June 6 2024:

"The German FBI has found an email account linking Christian Brueckner to the ‘death’ of the missing Brit Madeleine McCann, according to the latest news during the convicted rapist’s trial in Germany.

The German FBI claimed that they are unable to discuss a particular email account, as it was “related to the killing” of Madeleine, who went missing in Praia de Luz aged three back in 2007. Detective Titus Stampa confirmed that he had found two email accounts connected to the man, who is currently on trial for rape and sexual assault.

The other email account included photos of sexual abuse, but all of the emails for the first half of 2007 - around the time that Maddie had gone missing - had been deleted. They had also uncovered a hard drive, which Detective Stampa also claimed was linked to Madeleine’s death.

He said: “An external hard drive is also belonging to the killing case - and I am not allowed to talk about it.”


From a Mirror article of 26 September 2024 by Saffron Otter and Nia Dalton:

"[CB]is now on trial [he was acquitted of the charges by a court in Braunschweig on 8 October] accused of a string of sex offences in Portugal between 2000 and 2017, unrelated to Madeleine's case. He is charged with raping an Irish tour rep, a teenage girl and an elderly woman in her holiday apartment. He also faces a child sex charge for allegedly exposing himself to a German girl on a beach in Salema in 2017 - and he denies all charges against him.

Here, the Mirror takes a look at the biggest bombshells in Brueckner's trial so far...

In June of this year, a senior detective said they discovered emails on Brueckner's Hotmail account that linked him to the McCann case. Titus Stampa told the court he had no clearance to discuss the contents of the emails because it was "related to the killing" of the tot. He referred to it as the "murder" account but refused to say if the emails contained videos or photos.

The detective said cops found a second account where he had swapped sickening child abuse videos with fellow paedophiles. Brueckner deleted all emails in that Hotmail account from the first half of 2007 - when Madeleine vanished, the court heard.

Mr Stampa revealed details of Brueckner's email accounts as he gave evidence at Braunschweig regional court. He told the court that he found vile images on a secret email address used by the German. Prosecutors got access to the inbox after making an application to US software giant Microsoft in 2019.

Brueckner opened the Hotmail account in January 2007, just four months before Madeleine vanished in Praia da Luz. He was living in a ramshackle farmhouse on the edge of the popular Portuguese resort at the time. Mr Stamper said the German drifter had attempted to delete "many emails" which he shared with other paedophiles. He said the emails contained "numerous" videos which showed horrific abuse of "three or four-year-old" children.

Brueckner also used the email account to write a vile fantasy about raping a mother and her young daughter, the court heard. "It was a very detailed story about a five-year-old girl and her mother who are kidnapped and taken away in a van," he said. "It was about violence and brutality and them being abused sexually - one is raped in front of the other." A copy of the sickening fantasy story was found on a laptop Brueckner used in Portugal in 2017, the court heard....

Back in 2020, authorities announced that they had found a collection of USB sticks linked to Brueckner, that were filled with child 🤬🤬🤬🤬🤬🤬🤬🤬🤬🤬🤬 and buried next to a dead dog in a rubbish dump, in the woods of Saxony Anhalt, Germany. The disturbing stash was found when police searched the site of an abandoned box factory where it is believed Brueckner once lived.

Police were looking for clues relating to the disappearance of five-year-old Inga Gehricke - who was last seen while on an outing with her family in 2015 - when they made the grim discovery. Investigators found 8.000 pieces of potential evidence, including a cache of child abuse images on USB sticks that were found under a pile of animal bones.

Brueckner was prosecuted in relation to the images."


On the inadmissibility of evidence in the trial, according to this article in the Mail by Rob Hyde back on 6 June 2024:

"The legal team defending Madeleine McCann prime suspect Christian Brueckner in his trial for unrelated sex offences is attempting to have a key piece of evidence thrown out of court, arguing that investigators broke international law in obtaining it.

German police were handed Brueckner's hard-drive by an unnamed female witness in Portugal containing sickening cartoons allegedly penned by Brueckner.

Now Brueckner's team is demanding that the Regional Court of Braunschweig does not officially admit the hard-drive as evidence.

Brueckner's lawyer Friedrich Fülscher said: 'This is simply not allowed. The German police can't simply go and secure evidence in another country without any authorisation.

'The Portuguese authorities were not even informed of this. It is as if the German police just went to England and started carrying out a police investigation there and then seizing evidence and flying it back to Germany. It's outrageous!'

Details of the hard-drive were provided yesterday in court by Titus Stampa, a detective commissioner for the Federal Criminal Police (BKA), Germany's equivalent of the FBI.

Alongside details of the hard-drive, Stampa revealed that Brueckner had had three email accounts.

Two of them were used to send pornographic pictures....

Stampa and his colleagues at the Federal Criminal Police (BKA), applied to Microsoft Ireland in 2017 to try to secure access to the account, which after undergoing extensive procedures they eventually were granted in 2018.

Here they found that the inboxes of these accounts had been completely deleted for the first half of 2007, which includes the time when Madeleine 'Maddie' McCann disappeared.

But when they checked the accounts' outboxes, they discovered that Brueckner had sent a multitude of files with obscene photos....

Moreover, it also included various versions of two stories, the 'Mother / Daughter' story, and the 'Zofen story'....

The prosecution argue that all found [sic] this story on a USB stick which was found during a police search in 2016 on Brueckner's dilapidated box factory site in Neuwegesleben.

But the defence has consistently tried to prevent this story from being heard in court, arguing that the police search was unauthorised and therefore evidence secured there is inadmissible.

This Tuesday, the court heard from the policewoman who had informed her colleagues about a dead dog on Breuckner's premises, prompting a police search.

Here under intense grilling from Judge Ute Insa Engemann, the policewoman Katharina Schmidt, 47, admitted that she had been on Brueckner's premises without any permission.

And she even admitted that she knew it was not allowed to be there, or take photos, or send these on to police to prompt an investigation.

Given all of this, it had seemed that the prosecution then had no chance of ever revealing details of this story in court.

But instead, by focusing on Brueckner's emails, the prosecution yesterday indirectly managed to have the harrowing outline of these stories mentioned in court.

When it came to the third email, however, Stampa said he was not authorised to talk about it as it concerned the Madeleine McCann investigation."


It's a bit confusing as to what came from the hard drive in Portugal and what came from the USB sticks in Germany. Well it is to me anyway!

And according to a recent Mail article by Freya Barnes about the ITV doc (16 September 2025)

"However, a major set back for the prosecution saw Brueckner acquitted of the crimes he was on trial for.

All the material seized from his factory, including the USB sticks containing footage of him committing rape, was excluded from the case because of technical irregularities with the search warrant.

Dr Hill [criminologist Graham Hill, a former senior Met detective] said: 'That is damning evidence against Christian Brueckner that if they had been able to put that into the trial, could have been the difference between a guilty and a not guilty.'"

 
  • #733
The problem with this evidence is that because it hasn't been tested in a court of law, we the public, have no knowledge of what is actually true and what is media hype
 
  • #734
You mean because of the Piros' interview lately?
Also interesting is that the BKA don't seem to have done any questioning only searching.
 
  • #735
@SteveH , it maybe gives a flavour of being inadmissible, but never completely answers it.
 
  • #736
Also interesting is that the BKA don't seem to have done any questioning only searching.
I think the BKA did quite a lot of questioning since 2017-2018.
 
  • #737
I am wondering, are people generally happy that CB cannot be charged yet for MM's murder in Germany, due to the legal constraints of using circumstantial evidence such as there are?

I mean we saw what happened with the previous trial, insufficient evidence (because box factory corroborating evidence was not admitted in the end - and i have to say i read all the previous posts and court reports and it seems like there was a long discussion on the inadmissibility of the evidence and then nothing was presented from the box factory - so publically there might not have been such a statement but this evidence was surely not presented later or discussed).

Because for me, this is twisted justice.

Just thinking out aloud. Imo
Top part - easy. If all you have is a hammer everything looks like a nail.

It’s a nightmare for truth seekers when there’s plenty of evidence but is not allowed to be heard. Worst of all, it has a major effect on the victims.
 
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  • #738
  • #739
you mean Piro? I remember there was a discussion that while he was in prison Piro had the phone?
SY also believe CB used his phone. Mark Cranwell, in the original appeal (as has been linked dozens of times before, is not misinformation, is not conspiratorial, etc) said CB was using his phone in that region at that time & that he received a call.

What reason is there to assume that the general public have more of an awareness of his phone use than Scotland Yard or the BKA?
 
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  • #740
EP & BP have been interviewed by German and Portuguese detectives.

'Last night German national Elke said: “The British police interviewed us a few days ago but I’m sad because I wasn’t able to tell them anything I haven’t said before.'......

 
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