Madeleine McCann: German Prisoner Identified as Suspect #32

[G-Unit]

imo ..if it had been Magdeburg BKA that had been doing CB investigation past few years…then FF’s line would probably have been this is not correct / no jurisdiction , as although box factory was in CB’s name in 2016 , he wasn’t really living there as was living in a mobile-campervan ..so cases have to be dropped as should have been done by Braunschweig BKA ..!

The BKA are a federal body, like the US FBI. I don't think there's such a thing as the Braunschweig BKA.

 

[Trivento]

The BKA are a federal body, like the US FBI. I don't think there's such a thing as the Braunschweig BKA.

Ah..ok.Braunschweig prosecutor then..I’ll edit my post.

 

[Lyall0814]

imo ..if it had been Magdeburg prosecutor that had been doing CB investigation past few years…then FF’s line would probably have been this is not correct / no jurisdiction , as although box factory was in CB’s name in 2016 , he wasn’t really living there , as was living in a mobile-campervan ..so cases have to be dropped , as should have been done by a Braunschweig prosecutor ..!
Stalling tactics…imo

FF's job is to make things as difficult as possible for the prosecutors, especially prosecutors who have behaved the way HCW has. FF will think he's not just acting for his client in this case, he's also acting for all future defendants too

 

[Trivento]

FF's job is to make things as difficult as possible for the prosecutors, especially prosecutors who have behaved the way HCW has. FF will think he's not just acting for his client in this case, he's also acting for all future defendants too

Yes..I agree that FF is just doing his job ..and the German prosecutors ( whichever region ) will have to plan carefully and cover all bases if they're to progress against a strong defence team.

 

[Malleux]

Brückner’s last registered address in Germany in 2016 had been in Brunswick, in the state of Lower Saxony, but purely for the sake of receiving mail, and he had not lived there, Fülscher told German media.

He said the court in Brunsick had been wrong to assume that the registration was proof enough he had lived there. “Prior to his arrest abroad, the accused lived on his property in Neuwegersleben,” he said, referring to the disused warehouse in the neighbouring state of Saxony-Anhalt.

Sex offences trial of Madeleine McCann suspect cancelled in Germany | Germany | The Guardian

Brunswick court says jurisdiction issue prevents it hearing case against Christian Brückner on charges unrelated to British toddler

amp.theguardian.com

The box factory was raided in Jan/Feb 2016 and CB apparently told a friend he witnessed the first raid from a hiding spot there. So is FF claiming CB then continued "living" there - after the raid - until the April when he then did a runner to Portugal? If not, where was he "living" in the meantime?

CB didn't transfer ownership of the Braunschweig allotment house until the April, which suggests he was possibly still using it up until then.

I guess the question is - who does the onus fall upon to 'prove' where he was "living" before he fled to Portugal, in order to decide jurisdiction? Is that what Bild meant by the court tends to follow the defence's argument?

The prosecutors may see grounds to appeal if they have evidence from witnesses that CB was also staying in Braunschweig, combined with having a registered address there. Also the fact CB's defence never previously raised any query over regional jurisdiction ahead of the DM trial or the subsequent appeal.

JMO

 

[Denis R Tandib]

Brückner’s last registered address in Germany in 2016 had been in Brunswick, in the state of Lower Saxony, but purely for the sake of receiving mail, and he had not lived there, Fülscher told German media.

He said the court in Brunsick had been wrong to assume that the registration was proof enough he had lived there. “Prior to his arrest abroad, the accused lived on his property in Neuwegersleben,” he said, referring to the disused warehouse in the neighbouring state of Saxony-Anhalt.

Sex offences trial of Madeleine McCann suspect cancelled in Germany | Germany | The Guardian

Brunswick court says jurisdiction issue prevents it hearing case against Christian Brückner on charges unrelated to British toddler

amp.theguardian.com

The box factory was raided in Jan/Feb 2016 and CB apparently told a friend he witnessed the first raid from a hiding spot there. So is FF claiming CB then continued "living" there - after the raid - until the April when he then did a runner to Portugal? If not, where was he "living" in the meantime?

CB didn't transfer ownership of the Braunschweig allotment house until the April, which suggests he was possibly still using it up until then.

I guess the question is - who does the onus fall upon to 'prove' where he was "living" before he fled to Portugal, in order to decide jurisdiction? Is that what Bild meant by the court tends to follow the defence's argument?

The prosecutors may see grounds to appeal if they have evidence from witnesses that CB was also staying in Braunschweig, combined with having a registered address there. Also the fact CB's defence never previously raised any query over regional jurisdiction ahead of the DM trial or the subsequent appeal.

JMO

The last point is an interesting one. If indeed Braunschweig didn’t have jurisdiction for the DM case, I wonder if FF can do anything retrospectively about the conviction.

 

[Denis R Tandib]

Perhaps I’m cynical but if the BKA wanted to drop this investigation, this latest development would be a good opportunity.

 

[Hygge]

From the official homepage of the district Court:

Legal proceedings
Landgericht Braunschweig declines jurisdiction in proceedings 2 KLs 213 Js 52790/18 (15/22) (rape, sexual abuse)

BRAUNSCHWEIG REGIONAL COURT DECLINES JURISDICTION IN THE PROCEEDINGS 2 KLS 213 JS 52790/18 (15/22) (RAPE, SEXUAL ABUSE)


In the course of the interlocutory proceedings in the above-mentioned proceedings, the Regional Court of Braunschweig examined, inter alia, the local jurisdiction pursuant to section 16 of the Code of Criminal Procedure (StPO) and, by order of 19.04.2023, declared itself without jurisdiction with regard to the indictment of the Public Prosecutor's Office of Braunschweig dated 05.10.2022 (see also press release of 12.10.2022).

In detail:

The 2nd Criminal Chamber stated that the jurisdiction of the Regional Court of Braunschweig was solely due to the place of jurisdiction of the last domicile pursuant to § 8 para. 2 2nd Alt. StPO came into consideration. The place of jurisdiction of the last domicile was exclusively determined for the case that the accused no longer had a current domestic domicile and the habitual residence was unknown or abroad. The defendant currently no longer has a domestic residence, as he is housed in a correctional institution and his last habitual residence was abroad.

It is true that the accused was originally resident and also registered in the local district. However, in the opinion of the chamber, this is not relevant, since the accused - as he himself also stated - established a new and thus last residence in Saxony-Anhalt. This was also supported by the fact that he was registered in the land register as the owner of a property there. In addition to various vehicles, the accused's personal belongings were also on this property. Two months later, he fled abroad. He kept the property.

After a comprehensive assessment of all the arguments presented, the Chamber assumed that the accused had last resided outside of the local district and therefore declared itself incompetent.

The accused is currently in criminal custody in another matter. The Regional Court cancelled the additional arrest warrant of 18.11.2022 (see also press release of 28.11.2022). Against this background, the question of urgent suspicion did not have to be re-examined. The revocation has no influence on the further serving of the current sentence.

The order can be challenged by simple appeal pursuant to section 304 of the Code of Criminal Procedure. The appeal would then have to be decided by the Higher Regional Court of Braunschweig.

Background:

§ 8 Place of jurisdiction of the domicile or place of residence.

(1) Jurisdiction is also established at the court in whose district the accused has his domicile at the time the action is brought.

(2) If the defendant does not have a place of residence within the area of application of this Federal Act, the place of jurisdiction shall also be determined by the habitual place of residence and, if such a place is not known, by the last place of residence.

landgericht-braunschweig.de

 

[G-Unit]

Perhaps I’m cynical but if the BKA wanted to drop this investigation, this latest development would be a good opportunity.

The same thought crossed my mind too. Being under world-wide scrutiny is a lot of pressure. For the same reason other lander will only pick up this hot potato if they are sure the evidence is enough to convict. It will be very carefully sctutinised imo.

 

[RichardKimble]

And so it's about jurisdiction, nothing to do with whether he's guilty or not, again it's time and tactics

Possibly but it gave us something new to chat over for a day or two.

 

[RichardKimble]

Some talk of delaying/ stalling tactics, to what end? CB is incarcerated until 2026,he's not off any where any time soon. Any file on him pertaining to the recent indictments only need a click of a button to be sent across, its not like a trial date had been set and witness's having already made travel plans is it.

 

[RichardKimble]

From the official homepage of the district Court:

Legal proceedings
Landgericht Braunschweig declines jurisdiction in proceedings 2 KLs 213 Js 52790/18 (15/22) (rape, sexual abuse)

BRAUNSCHWEIG REGIONAL COURT DECLINES JURISDICTION IN THE PROCEEDINGS 2 KLS 213 JS 52790/18 (15/22) (RAPE, SEXUAL ABUSE)


In the course of the interlocutory proceedings in the above-mentioned proceedings, the Regional Court of Braunschweig examined, inter alia, the local jurisdiction pursuant to section 16 of the Code of Criminal Procedure (StPO) and, by order of 19.04.2023, declared itself without jurisdiction with regard to the indictment of the Public Prosecutor's Office of Braunschweig dated 05.10.2022 (see also press release of 12.10.2022).

In detail:

The 2nd Criminal Chamber stated that the jurisdiction of the Regional Court of Braunschweig was solely due to the place of jurisdiction of the last domicile pursuant to § 8 para. 2 2nd Alt. StPO came into consideration. The place of jurisdiction of the last domicile was exclusively determined for the case that the accused no longer had a current domestic domicile and the habitual residence was unknown or abroad. The defendant currently no longer has a domestic residence, as he is housed in a correctional institution and his last habitual residence was abroad.

It is true that the accused was originally resident and also registered in the local district. However, in the opinion of the chamber, this is not relevant, since the accused - as he himself also stated - established a new and thus last residence in Saxony-Anhalt. This was also supported by the fact that he was registered in the land register as the owner of a property there. In addition to various vehicles, the accused's personal belongings were also on this property. Two months later, he fled abroad. He kept the property.

After a comprehensive assessment of all the arguments presented, the Chamber assumed that the accused had last resided outside of the local district and therefore declared itself incompetent.

The accused is currently in criminal custody in another matter. The Regional Court cancelled the additional arrest warrant of 18.11.2022 (see also press release of 28.11.2022). Against this background, the question of urgent suspicion did not have to be re-examined. The revocation has no influence on the further serving of the current sentence.

The order can be challenged by simple appeal pursuant to section 304 of the Code of Criminal Procedure. The appeal would then have to be decided by the Higher Regional Court of Braunschweig.

Background:

§ 8 Place of jurisdiction of the domicile or place of residence.

(1) Jurisdiction is also established at the court in whose district the accused has his domicile at the time the action is brought.

(2) If the defendant does not have a place of residence within the area of application of this Federal Act, the place of jurisdiction shall also be determined by the habitual place of residence and, if such a place is not known, by the last place of residence.

landgericht-braunschweig.de

Wolters said he's not aware of it ?

 

[Davieson]

Some talk of delaying/ stalling tactics, to what end? CB is incarcerated until 2026,he's not off any where any time soon. Any file on him pertaining to the recent indictments only need a click of a button to be sent across, its not like a trial date had been set and witness's having already made travel plans is it.

Another Prosecutor may decide that the evidence for some or all of the cases doesn't scrutiny

 

[RichardKimble]

Another Prosecutor may decide that the evidence for some or all of the cases doesn't scrutiny

The possible implications into the ongoing investigation of Madeleines disappearance is of more interest, FF said the courts decision meant that the Braunschweig judiciary no longer responsible for the case, mind the McCann case has always been a poisoned chalice to the investigators of the three countries imo.

 

[Davieson]

The possible implications into the ongoing investigation of Madeleines disappearance is of more interest, FF said the courts decision meant that the Braunschweig judiciary no longer responsible for the case, mind the McCann case has always been a poisoned chalice to the investigators of the three countries imo.

Who in their right mind would want to pick up as lead prosecutor in any Madeleine case ?
Will BKA continue to investigate or move on in search of potentially more productive targets?

 

[Pixie Child]

Perhaps I’m cynical but if the BKA wanted to drop this investigation, this latest development would be a good opportunity.

Yes but these Proceedings are about HBeahan & Ors. HB’s case is probably as good a rape case as any and there’s no reason why a Saxony Anhalt prosecution should not proceed.

 

[Davieson]

Yes but these Proceedings are about HBeahan & Ors. HB’s case is probably as good a rape case as any and there’s no reason why a Saxony Anhalt prosecution should not proceed.

We don't really know what evidence there is, or how strong it is.

 

[RichardKimble]

Yes but these Proceedings are about HBeahan & Ors. HB’s case is probably as good a rape case as any and there’s no reason why a Saxony Anhalt prosecution should not proceed.

Which is in the public domain, and shouldn't be, no doubt CB's team is on it.

 

[mrjitty]

I think this is significant setback for the Maddie investigation if they don't appeal it.

The HB case and associated charges are ready to go, so one imagines the prosecutors in Magdeburg would accept at least the HB case and refile it.

Would they want the MM investigation? Perhaps not? It would take up a lot of resources for something they have no skin in the game and no real local interest. You could imagine them thinking its Braunschweig's problem.

 

[Pixie Child]

We don't really know what evidence there is, or how strong it is.

Well, there’s the partial fingerprint, much will depend on that. And he had form for breaking & entering and assault as we know from the DM case. There may be other similarities to the DM case, if such evidence is allowed.