Madeleine McCann: German prisoner identified as suspect - #11

[Kikixxxx]

What a waste of time + money this appeal is, if for some crazy reason they allow it, he will be arrested the minute he leaves prison and be retried for the rape, irrefutable dna proves he committed the rape, so he’ll be found guilty again + convicted and back to where he started. What is the point?

 

[SuperdadV8]

Well, after all he did go on holiday .... behind bars
Hopefully he will stay on holiday

Even if it is an all inclusive trip! Single room, three free meals over the day, lots of animators......peados always get the best time at "Club Sieved Air"!

 

[Chiatos]

Madeleine McCann prime suspect 'trying to exploit loophole' to get out of jail

So it looks like we will find out in 3 weeks if CB's appeal is successful or not. Interestingly though, the article talks about the contention point being around the 2017 extradition from Portugal and not the 2018 extradition from Italy.

It's a bit complex but the crux seems to be that CB's lawyers are arguing that the extradition warrant needs to be signed off by Portugal (the scene of the crime) and not Italy. There was an extradition agreement from Portugal in 2017 (following his capture in the playground in Messines) but that this was not for the crime of the 2005 rape and therefore CB has been detained and tried illegally. The prosecutors seem to be arguing this is not relevant since CB was already in breach of law for fleeing to Italy in order to evade a pending sentence in Germany.

Hopefully the judges use common sense and don't allow CB to overturn the rape conviction on a technicality.

ETA: Anyone know what this quote is about in the article? What does Ireland have to do with this?:

Representatives of the Irish government also took part in the case held in the main ECJ courthouse via video conference.

I'm no lawyer and have no idea how "law tricks" work, but CB was already in Germany and in jail by July 2019, prior to his charge for 2005 rape.
He was charged for the rape of 2005 in Aug 2019 (while in jail) and convicted in Dec of that same year.
I don't expect Portugal to be obliged to extradite him for that trial, since he was already in Germany. His lawyers are grasping at straws (I hope), and hopefully they will fail.

 

[Dlk79]

I'm no lawyer and have no idea how "law tricks" work, but CB was already in Germany and in jail by July 2019, prior to his charge for 2005 rape.
He was charged for the rape of 2005 in Aug 2019 (while in jail) and convicted in Dec of that same year.
I don't expect Portugal to be obliged to extradite him for that trial, since he was already in Germany. His lawyers are grasping at straws (I hope), and hopefully they will fail.

That was my thought too. The Milan extradition for the drug charge was vaild. Once he's already in Germany then, don't see why they can't charge him with other offences later on.

It's almost though his defence team are trying to say that Germany had no jurisdiction to try him for the rape since it happened in Portugal. And therefore, they needed some kind of authorisation from the Portuguese (like an extradition warrant for the crime) to put him on trial in Germany. It's all very confusing.

 

[sleuth-d-]

Madeleine McCann prime suspect 'trying to exploit loophole' to get out of jail

So it looks like we will find out in 3 weeks if CB's appeal is successful or not. Interestingly though, the article talks about the contention point being around the 2017 extradition from Portugal and not the 2018 extradition from Italy.

It's a bit complex but the crux seems to be that CB's lawyers are arguing that the extradition warrant needs to be signed off by Portugal (the scene of the crime) and not Italy. There was an extradition agreement from Portugal in 2017 (following his capture in the playground in Messines) but that this was not for the crime of the 2005 rape and therefore CB has been detained and tried illegally. The prosecutors seem to be arguing this is not relevant since CB was already in breach of law for fleeing to Italy in order to evade a pending sentence in Germany.

Hopefully the judges use common sense and don't allow CB to overturn the rape conviction on a technicality.

ETA: Anyone know what this quote is about in the article? What does Ireland have to do with this?:

Representatives of the Irish government also took part in the case held in the main ECJ courthouse via video conference.

hopefully the irish are taking a close interest in CB now due to the connection with Hazel B.

The argument about being in breach of the law re: fleeing to italy is odd, as CB left prison, and was followed by german police... who actually followed him to the border of the netherlands. surely then, CB would have been in breach of the law right at that point, at that border. and should have been immediately arrested by german/dutch police.

 

[Chiatos]

Could be a kind of pro forma appeal ...

 

[Dlk79]

hopefully the irish are taking a close interest in CB now due to the connection with Hazel B.

The argument about being in breach of the law re: fleeing to italy is odd, as CB left prison, and was followed by german police... who actually followed him to the border of the netherlands. surely then, CB would have been in breach of the law right at that point, at that border. and should have been immediately arrested by german/dutch police.

Re: the Irish, seems rather odd why the Irish governement would be actually part of this hearing though. I mean if it is to do with HB, they must be reasonably confident they can pin it on CB.

 

[Betty_Boop88]

Re: the Irish, seems rather odd why the Irish governement would be actually part of this hearing though. I mean if it is to do with HB, they must be reasonably confident they can pin it on CB.

The European Court of Justice has 27 judges, one from each EU member state, so that’s why the Irish are involved. And probably with a heightened interest too as you say, due to HB.

 

[sleuth-d-]

I think in a tourist destination like PDL is,. Nobody is going to look twice at a passing vehicle if it is being driven properly at 10pm. Especially not the LE, who should have been hurtling towards the Ocean Club. But also, if as suspected, MM had been targeted and the apartment scoped out, I think the abductor knew the timeline of the Tapas 9 moving back and forth between the villa and restaurant. He would have made his move immediately after watching the McCanns check the kids and leave again. If he got in and out fast enough, he would have known that the alarm could only be raised at the next check in say, half an hour. Whoever did this had been watching and knew them babies were alone. And that he had time to make a clean getaway X

i see you are saying that the abductor had time to make a clean getaway between checks. up to 30 minutes between checks. so that is a possible approx30 minutes start he had.
you also say that police were not looking at passing vehicles at 10 pm, yet they were only called at 22:41. 40 minutes after the abduction was noticed.

so you rightly point out, that is a possible 70 minutes start the abductor had, even before the police were called. the golden hour is already over.
surprised that some people cite a slow response by LE in this case.

Investigation process

you say in an earlier post that police, on their way to PdL diverted to another event. an alarm going off... do you have a link that says police were on their way to ocean club, and then turned around and went in the other direction to Odiaxere? i would be interested to see it.

22:29:36 is the time of the first call to LE from the lisbon company dealing with the alarms, it lasted for 225 seconds. before LE knew anything about MBM.

http://www.mccannpjfiles.co.uk/P12/12_VOLUME_XIIa_Page_3159.jpg

 

[sleuth-d-]

The European Court of Justice has 27 judges, one from each EU member state, so that’s why the Irish are involved. And probably with a heightened interest too as you say, due to HB.

5 judges on the panel. why would the Mirror think it is newsworthy to point out that an irish judge is involved?
also, the quote says 'Representatives of the Irish government also took part in the case'. plural. and you say there is one judge from each member state.

for those reasons i doubt the quote is referring to irish judges.

 

[NewAvenger]

Any news on whether the phone call update will be tonight or not?

 

[sleuth-d-]

Re: the Irish, seems rather odd why the Irish governement would be actually part of this hearing though. I mean if it is to do with HB, they must be reasonably confident they can pin it on CB.

well, maybe the irish don't want CB roaming around Europe raping more irish women. seems like a good reason to send a delegation, and put a few words into the appeal.

 

[Dlk79]

well, maybe the irish don't want CB roaming around Europe raping more irish women. seems like a good reason to send a delegation, and put a few words into the appeal.

I'm sure the British don't want him abducting any more children either but they're not mentioned as being involved in the case. I just find it odd why only the Irish are mentioned. Then again, it is The Mirror, maybe the meant to say German or Portuguese instead of Irish.

 

[tedtink]

"Madeleine McCann suspect was able to 'make the most of open European borders' despite committing various crimes, ECJ hears

 

[Vern]

I'm sure the British don't want him abducting any more children either but they're not mentioned as being involved in the case. I just find it odd why only the Irish are mentioned. Then again, it is The Mirror, maybe the meant to say German or Portuguese instead of Irish.

IMO, maybe because it's assumed that everyone already knows the British (the McCann case) are involved??

 

[buggiegirl]

What a waste of time + money this appeal is, if for some crazy reason they allow it, he will be arrested the minute he leaves prison and be retried for the rape, irrefutable dna proves he committed the rape, so he’ll be found guilty again + convicted and back to where he started. What is the point?

The point is to make sure the law follows procedures correctly because while this guy is guilty, you never know about the next one and you want the procedures followed correctly.

 

[MENDEL]

https://www.ontario.ca › document
Government of Ontario - Government Notices Respecting Corporations ...
Slobodyuk, Roman. Linard, Roman. May 24, 2010 to May 30, 2010. Smelyakova, Svetlana.

Document says Roman Slobodyuk changed name to Roman Linard under Canadian law in May 2010. I think Svetlana has nothing to do. There's also a Ivan Slobodyuk who also changed name to Ivan Linard (son? brother?). Hard to tell if it's same person. This is becoming too complex and we don't know if there's any connection to NF.

 

[Kikixxxx]

The point is to make sure the law follows procedures correctly because while this guy is guilty, you never know about the next one and you want the procedures followed correctly.

But it’s not disputing the fact he’s guilty of a crime. In fact it’s got nothing to do with whether he was guilty or innocent. It’s a technicality within European law that seems to suggest he could escape justice in the first place. I can’t see how this ‘law’ benefits anyone other than a criminal. All it does is give criminals an apparent loophole to avoid arrest/extradition in the first place IMO

 

[NewAvenger]

But it’s not disputing the fact he’s guilty of a crime. In fact it’s got nothing to do with whether he was guilty or innocent. It’s a technicality within European law that seems to suggest he could escape justice in the first place. I can’t see how this ‘law’ benefits anyone other than a criminal. All it does is give criminals an apparent loophole to avoid arrest/extradition in the first place IMO

And those loopholes are in abundance.

 

[Anxala]

Madeleine McCann prime suspect 'trying to exploit loophole' to get out of jail
ETA: Anyone know what this quote is about in the article? What does Ireland have to do with this?:

Representatives of the Irish government also took part in the case held in the main ECJ courthouse via video conference.

Maybe because of the *Hazel Behan rape case back in 2005? That it may now be being seen as definitely connected with CB, hence the Irish participation?

*Just speculating, obviously.