Germany/Portugal - Christian Brueckner, 27 @ time of 1st crime (2004), charged with sexual assault crimes, Praia de Rocha, Portugal. #4

[frank-cole]

Well yes the verdict might go the way of guilty.

In which case, there’ll be an appeal. From the defence.

 

[mrjitty]

challenging a search warrant doesn’t have anything to do with the quality of the evidence or nature of the case.

otherwise police would be incentivised to do illegal searches, knowing if they find strong evidence the court will give them a pass

the sting of having hard evidence thrown out is what forces police to establish probable cause.

 

[Mex]

challenging a search warrant doesn’t have anything to do with the quality of the evidence or nature of the case.

otherwise police would be incentivised to do illegal searches, knowing if they find strong evidence the court will give them a pass

the sting of having hard evidence thrown out is what forces police to establish probable cause.

The point is that the search warrant to which you refer (not sure because you have not been specific) and which was brought to the the Braunschweig court which is in the process of hearing the five serious sexual offences of which CB is accused, is an irrelevance.

As far as I am aware no hard evidence from any of the five cases being tried has been 'thrown out'. With what has been submitted given a hearing.

The problem being the inclusion and distraction of an unrelated case.

All of which raises the conundrum of five legally constituted cases ready for the continuation of the legal process leading to resolution being side-tracked by a case which is still under investigation and not yet ready for an indictment to be handed down.

It raises two salient points regarding human rights

• the inalienable right of the presumption of innocence of the accused
• the right of victims of crime to the expectation of a fair and just trial and proper representation in court

Just a tad insulting that those most affected by the serious sexual crimes being tried at the moment have had to be subjected to much of the court's time being taken up with a case which has nothing to do with them or what happened to them at the hands of a prolific sexual abuser. Quite possibly denying them their right to have the injuries inflicted on them dealt with at a trial where the evidence is all about the case being tried and not another case entirely.
My opinion

 

[frank-cole]

I think I'll wait and see if there is an appeal, rather than get all excited over a possibility that there might be one.

The point is that the search warrant to which you refer (not sure because you have not been specific) and which was brought to the the Braunschweig court which is in the process of hearing the five serious sexual offences of which CB is accused, is an irrelevance.

As far as I am aware no hard evidence from any of the five cases being tried has been 'thrown out'. With what has been submitted given a hearing.

The problem being the inclusion and distraction of an unrelated case.

All of which raises the conundrum of five legally constituted cases ready for the continuation of the legal process leading to resolution being side-tracked by a case which is still under investigation and not yet ready for an indictment to be handed down.

It raises two salient points regarding human rights

• the inalienable right of the presumption of innocence of the accused
• the right of victims of crime to the expectation of a fair and just trial and proper representation in court

Just a tad insulting that those most affected by the serious sexual crimes being tried at the moment have had to be subjected to much of the court's time being taken up with a case which has nothing to do with them or what happened to them at the hands of a prolific sexual abuser. Quite possibly denying them their right to have the injuries inflicted on them dealt with at a trial where the evidence is all about the case being tried and not another case entirely.
My opinion

The detail in your comments & the way you frequently use facts, data & verbatim quotations, helps cuts through the noise quickly. Very insightful & refreshing. Thanks

 

[Mex]

challenging a search warrant doesn’t have anything to do with the quality of the evidence or nature of the case.

otherwise police would be incentivised to do illegal searches, knowing if they find strong evidence the court will give them a pass

the sting of having hard evidence thrown out is what forces police to establish probable cause.

When is the next due trial date in this case - is there more to come - or have we heard all there is to hear and see regarding the evidence?

Surely not?

For example two witnesses who were in unwanted close proximity have referred to blemishes on the suspect's body. Which if substantiated is almost as 'slam dunk' as being arrested in flagrante in the children's playground

Snip
But one detail could acquit CB. in this case. HB. testified at the time that the perpetrator had a distinctive, cross-shaped scar on his right thigh. It was also mentioned in a Portuguese police report.
But: According to "Bild", CB. has no scar at this point. If this were to be determined in an official investigation, this would exonerate Christian B.

Maddie McCann: Entlastet dieses verräterische Detail Christian B.?

Maddie McCann: Entlastet dieses verräterische Detail Christian B.?

www.derwesten.de

Snip
The Irish woman is to testify against B. in court next week.
The public prosecutor's office has filed a motion to show pictures from B's health record in court. But as long as the suspect does not give his consent, the photos cannot be made public.

Christian B. will Fotos aus Gesundheitsakte nicht zeigen

Der Hauptverdächtige im Fall Maddie steht wegen der Vergewaltigung an der Irin Hazel Behan vor Gericht.

www.20min.ch

Your comment about "the sting of having hard evidence thrown out" is intriguing and perhaps relevant to this case; particularly if evidence given at the time of the 2004 rape and since reinforced in this trial for which CB now stands accused, has been disallowed.

Is this really happening.
The rape survivor has been transparently honest and firm about the evidence she gave in court
Snip
May 16, 2024: It continues with HB.: She answers further questions from those involved in the trial persistently and without evasion.

Freispruch für Christian B. – die Chronologie des Prozesses

Braunschweigs Staatsanwaltschaft warf dem Maddie-Verdächtigen Vergewaltigungen und sexuellen Missbrauch vor. So lief der Prozess von Februar bis Oktober 2024.

www.braunschweiger-zeitung.de

Snip
The public prosecutor's office has filed a motion to show pictures from B's health record in court. But as long as the suspect does not give his consent, the photos cannot be made public.

As "The Sun" further writes, the full-body photos of B. were taken when he was in custody for previous crimes.
MSN

Did CB really decline the opportunity to debunk the narrative of witnesses testifying against him when all he had to do was to allow his photograph to be seen.

 

[frank-cole]

When is the next due trial date in this case - is there more to come - or have we heard all there is to hear and see regarding the evidence?

Surely not?

For example two witnesses who were in unwanted close proximity have referred to blemishes on the suspect's body. Which if substantiated is almost as 'slam dunk' as being arrested in flagrante in the children's playground

Snip
But one detail could acquit CB. in this case. HB. testified at the time that the perpetrator had a distinctive, cross-shaped scar on his right thigh. It was also mentioned in a Portuguese police report.
But: According to "Bild", CB. has no scar at this point. If this were to be determined in an official investigation, this would exonerate Christian B.

Maddie McCann: Entlastet dieses verräterische Detail Christian B.?

Maddie McCann: Entlastet dieses verräterische Detail Christian B.?

www.derwesten.de

Snip
The Irish woman is to testify against B. in court next week.
The public prosecutor's office has filed a motion to show pictures from B's health record in court. But as long as the suspect does not give his consent, the photos cannot be made public.

Christian B. will Fotos aus Gesundheitsakte nicht zeigen

Der Hauptverdächtige im Fall Maddie steht wegen der Vergewaltigung an der Irin Hazel Behan vor Gericht.

www.20min.ch

Your comment about "the sting of having hard evidence thrown out" is intriguing and perhaps relevant to this case; particularly if evidence given at the time of the 2004 rape and since reinforced in this trial for which CB now stands accused, has been disallowed.

Is this really happening.
The rape survivor has been transparently honest and firm about the evidence she gave in court
Snip
May 16, 2024: It continues with HB.: She answers further questions from those involved in the trial persistently and without evasion.

Freispruch für Christian B. – die Chronologie des Prozesses

Braunschweigs Staatsanwaltschaft warf dem Maddie-Verdächtigen Vergewaltigungen und sexuellen Missbrauch vor. So lief der Prozess von Februar bis Oktober 2024.

www.braunschweiger-zeitung.de

Snip
The public prosecutor's office has filed a motion to show pictures from B's health record in court. But as long as the suspect does not give his consent, the photos cannot be made public.

As "The Sun" further writes, the full-body photos of B. were taken when he was in custody for previous crimes.
MSN

Did CB really decline the opportunity to debunk the narrative of witnesses testifying against him when all he had to do was to allow his photograph to be seen.

I expect that they’ll have more evidence to follow, however I think that admissibility of the evidence is where FF is winning. In regards to the health record, the defence will only fight its use if there’s something within the old record/pictures that corroborates what the witnesses are saying. The judge would need to balance the human right of the suspect against finding the real truth. All signs thus far are that the judge will rule in favour of the defence for any motion raised by them. So (imo) the evidence won’t be seen unless the defence haven’t filed a motion.

In short, ‘enough evidence’ probably exists in the files, however, FF has likely has succeeded in his motions & successfully had some of it deemed inadmissible. My opinion

 

[Trivento]

When is the next due trial date in this case - is there more to come - or have we heard all there is to hear and see regarding the evidence?

Surely not?

For example two witnesses who were in unwanted close proximity have referred to blemishes on the suspect's body. Which if substantiated is almost as 'slam dunk' as being arrested in flagrante in the children's playground

Snip
But one detail could acquit CB. in this case. HB. testified at the time that the perpetrator had a distinctive, cross-shaped scar on his right thigh. It was also mentioned in a Portuguese police report.
But: According to "Bild", CB. has no scar at this point. If this were to be determined in an official investigation, this would exonerate Christian B.

Maddie McCann: Entlastet dieses verräterische Detail Christian B.?

Maddie McCann: Entlastet dieses verräterische Detail Christian B.?

www.derwesten.de

Snip
The Irish woman is to testify against B. in court next week.
The public prosecutor's office has filed a motion to show pictures from B's health record in court. But as long as the suspect does not give his consent, the photos cannot be made public.

Christian B. will Fotos aus Gesundheitsakte nicht zeigen

Der Hauptverdächtige im Fall Maddie steht wegen der Vergewaltigung an der Irin Hazel Behan vor Gericht.

www.20min.ch

Your comment about "the sting of having hard evidence thrown out" is intriguing and perhaps relevant to this case; particularly if evidence given at the time of the 2004 rape and since reinforced in this trial for which CB now stands accused, has been disallowed.

Is this really happening.
The rape survivor has been transparently honest and firm about the evidence she gave in court
Snip
May 16, 2024: It continues with HB.: She answers further questions from those involved in the trial persistently and without evasion.

Freispruch für Christian B. – die Chronologie des Prozesses

Braunschweigs Staatsanwaltschaft warf dem Maddie-Verdächtigen Vergewaltigungen und sexuellen Missbrauch vor. So lief der Prozess von Februar bis Oktober 2024.

www.braunschweiger-zeitung.de

Snip
The public prosecutor's office has filed a motion to show pictures from B's health record in court. But as long as the suspect does not give his consent, the photos cannot be made public.

As "The Sun" further writes, the full-body photos of B. were taken when he was in custody for previous crimes.
MSN

Did CB really decline the opportunity to debunk the narrative of witnesses testifying against him when all he had to do was to allow his photograph to be seen.

A recent OP article mentioned next trial date of 15th August ..

Madeleine McCann suspect Christian Brueckner 'is a serial predator who terrorised his victims', top profiler tells a German court - Olive Press News Spain

A TOP German detective has told a court why he believes Madeleine McCann suspect Christian Brueckner is a dangerous serial rapist. The respected profiler

www.theolivepress.es

 

[Mex]

I expect that they’ll have more evidence to follow, however I think that admissibility of the evidence is where FF is winning. In regards to the health record, the defence will only fight its use if there’s something within the old record/pictures that corroborates what the witnesses are saying. The judge would need to balance the human right of the suspect against finding the real truth. All signs thus far are that the judge will rule in favour of the defence for any motion raised by them. So (imo) the evidence won’t be seen unless the defence haven’t filed a motion.

In short, ‘enough evidence’ probably exists in the files, however, FF has likely has succeeded in his motions & successfully had some of it deemed inadmissible. My opinion

If CB has vetoed access to photos taken as evidence in a former sex abuse trial it raises a couple of thoughts

• he is just being pig headed and short of identifying himself at trial is utterly and absolutely doing nothing which will add to the narrative in resolving the trial
• he has something to hide, the key to which will be turned if he voluntarily allows access to his medical record. To date it appears that there are only tabloid claims that CB had cosmetic dental surgery to correct his teeth and have blemishes on his torso removed. Access to medical evidence would allow questions to be asked about that in open court

Snip
She also told the police her attacker had a birthmark on his thigh. 'When CB was examined during his current imprisonment they found a scar where the birthmark should have been,' a source told the Sun.

'They then went back through the records and found a body-scan of CB done by German investigators.

'Crucially, photos of his entire body were taken and at that time he had a significant birthmark on his left upper thigh at hip level.'

Snip
It was previously reported in a television investigation that CB had his jaw reset and four 'rabbit' teeth straightened during a procedure at a private dental clinic in his native Germany.

The TV probe found he flew from Portugal back to Germany for the procedure - thought to have cost around £7,500

Christian Brueckner 'removed a birthmark after rapign Irish woman'

Brueckner had the birthmark erased to avoid identification after student Hazel Behan, who he allegedly raped, told police her attacker had a mole in that location, the Sun reports.

www.dailymail.co.uk

I share the same reservations as you do regarding the way the proceedings are balanced towards the rights of the defendant V the rights of the plaintiff in this process.
Proving a rape case is difficult enough to address without the added encumbrance of it becoming a cold case. Next to impossible though should consideration of the plaintiff's evidence be locked behind the right of the alleged perpetrator to lawfully withhold substantive evidence which proves the rape survivor's evidence regarding the identity of her at the time unknown assailant.

 

[Mex]

A recent OP article mentioned next trial date of 15th August ..

Madeleine McCann suspect Christian Brueckner 'is a serial predator who terrorised his victims', top profiler tells a German court - Olive Press News Spain

A TOP German detective has told a court why he believes Madeleine McCann suspect Christian Brueckner is a dangerous serial rapist. The respected profiler

www.theolivepress.es

Thank you T.
Despite Niner's valiant efforts to keep us on track with events and the timetable I am totally lost about it all.

 

[Niner]

Thank you T.
Despite Niner's valiant efforts to keep us on track with events and the timetable I am totally lost about it all.

Here's from my notes for the upcoming dates:

Next Trial dates: August 15, August 16, Sept. 5, 6, 25, 26, 27, Oct. 2, 7, 8, 21 & Oct. 22, 2024.

 

[frank-cole]

If CB has vetoed access to photos taken as evidence in a former sex abuse trial it raises a couple of thoughts

• he is just being pig headed and short of identifying himself at trial is utterly and absolutely doing nothing which will add to the narrative in resolving the trial
• he has something to hide, the key to which will be turned if he voluntarily allows access to his medical record. To date it appears that there are only tabloid claims that CB had cosmetic dental surgery to correct his teeth and have blemishes on his torso removed. Access to medical evidence would allow questions to be asked about that in open court

Snip
She also told the police her attacker had a birthmark on his thigh. 'When CB was examined during his current imprisonment they found a scar where the birthmark should have been,' a source told the Sun.

'They then went back through the records and found a body-scan of CB done by German investigators.

'Crucially, photos of his entire body were taken and at that time he had a significant birthmark on his left upper thigh at hip level.'

Snip
It was previously reported in a television investigation that CB had his jaw reset and four 'rabbit' teeth straightened during a procedure at a private dental clinic in his native Germany.

The TV probe found he flew from Portugal back to Germany for the procedure - thought to have cost around £7,500

Christian Brueckner 'removed a birthmark after rapign Irish woman'

Brueckner had the birthmark erased to avoid identification after student Hazel Behan, who he allegedly raped, told police her attacker had a mole in that location, the Sun reports.

www.dailymail.co.uk

I share the same reservations as you do regarding the way the proceedings are balanced towards the rights of the defendant V the rights of the plaintiff in this process.
Proving a rape case is difficult enough to address without the added encumbrance of it becoming a cold case. Next to impossible though should consideration of the plaintiff's evidence be locked behind the right of the alleged perpetrator to lawfully withhold substantive evidence which proves the rape survivor's evidence regarding the identity of her at the time unknown assailant.

Agree. Rape cases are notoriously very difficult to prosecute. A cold case, very circumstantial evidentially, with multiple countries involved & a defence lawyer very tactical with motions of bias & technicality - makes this a very challenging case to argue. If FF has managed to keep ‘das buch’ out of the trial, then the prosecution have lost a piece of evidence that acts as a thread between the cases.

It is incredibly likely that the person who attacked Diane is the same person who attacked Hazel. It is no surprise that the accounts from the people who saw videos, match the accounts of the women he attacked.

in my view it’s impossible to argue that CB is factually innocent - people will, in vein, but that’ll be born out of a MM agenda.

The unfortunate reality is ‘beyond a reasonable doubt’ is very unlikely IF evidence & witnesses were/are not allowed - because of motions, some very trivial in nature.

The only way the prosecution can deliver for the victims is if they can get all of this case heard & all of the evidence seen - then come what may. That’s justice imo.

I think the playground incident may be the prosecutions ticket back in. If the judge goes not guilty on that - I think she will (but it will be very shocking nonetheless) - I think the prosecution will have an easy entry to argue bias.

My opinion

 

[Davieson]

Prosecutors have already had their bias claims rejected. I doubt they will be any more successful a second time.

 

[RichardKimble]

Prosecutors have already had their bias claims rejected. I doubt they will be any more successful a second time.

Are they trying again?

 

[Davieson]

Are they trying again?

Not yet, it's kind of a fall-back position for those who can't bear the thought that the prosecution might lose.

 

[Mex]

Prosecutors have already had their bias claims rejected. I doubt they will be any more successful a second time.

Indeed so, and the rejection illustrates in a rather precise manner the shortcomings in particular of the court's attempts to be equitable when attempting to safeguard the rights of a person who has been subjected to a vicious rape while safeguarding the rights of an alleged perpetrator.

It is a situation which is recognised as a huge problem in European and German procedures.

And as far as the court procedures so far in Braunschweig are concerned a total failure as far as the rape and torture of HB is concerned.

One can live with a rapist getting off because there is a lack of evidence. It is another issue entirely if there is a strong indication that evidence might be available but only if the accused allows it to be seen.
I really don't think one could make that up

 

[mrjitty]

Prosecutors have already had their bias claims rejected. I doubt they will be any more successful a second time.

Generally it's not possible to argue bias simply because a Judge ruled against you. Otherwise we'd see it in every trial.

 

[RichardKimble]

Madeleine McCann suspect Christian Brueckner 'is a serial predator who terrorised his victims', top profiler tells a German court - Olive Press News Spain

A TOP German detective has told a court why he believes Madeleine McCann suspect Christian Brueckner is a dangerous serial rapist. The respected profiler

www.theolivepress.es

So it's confirmed by a English speaking journalist that DM could not confirm her attack was recorded, maybe now Jonny boy has written it the nonsense her attack was filmed will stop.

 

[Mex]

Generally it's not possible to argue bias simply because a Judge ruled against you. Otherwise we'd see it in every trial.

It is a strange one indeed but as my search engine reveals, not an unusual one as far as German procedures are concerned.
Although I've not taken the time to break the figures down to check how often the forces of law and order (judges) are challenged by the forces of law and order (the prosecution).
Accusations are rife and one or two might even be justified.
Indeed we even had an accusation of bias concerning one of the judges in the first day of the trial CB V the five.

What I'm struggling with is the dropping of all charges

• while the trial continues hearing evidence
• how is it possible to clear the decks of charges without the whole case collapsing

Snip
Impartiality / Lack of bias
Page 7
Judges always aim to avoid being guided by any off-topic considerations when applying the law and searching for justice and the truth. They are aware of their individual traits, their personal development and socialisation. In view of such inevitably subjective imprinting, they strive in any event to achieve the utmost objectivity. They put neither their personal assessments, sympathies or antipathies nor current public opinion above their commitment to democratically developed laws, but critically check their findings, argue from the facts and are open to criticism from third parties.
The fact that the judicial office is basically independent of external controls establishes a particular responsibility. Judges do not consider the independence of their office as a personal right. They are aware of the resulting obligation for their impartiality. Their work is therefore marked by open-mindedness and a willingness to listen to the parties involved, to grasp individual interests and connections and to assess these adequately.

https://www.drb.de/fileadmin/DRB/pdf/Ethik/1901_DRB-Broschuere_Richterethik_EN_Judicial_Ethics.pdf

That is a very high standard to strive for and to attain. And I don't think the judge in CB v the five did it justice.
She allowed her court to spend a lot of time in discussion of another case entirely; even to the extent of calling witnesses. She was way off-topic. Now I don't know if that could be classed as bias but it can certainly point to the fact none of it should have happened while she allowed procedures of the trial in which she had no locus to continue. The judge had enough on her plate with the five offences she should have been judging and certainly not on a case for which there isn't even an indictment.

There may indeed be further repercussions from that.
My opinion

 

[Mex]

Madeleine McCann suspect Christian Brueckner 'is a serial predator who terrorised his victims', top profiler tells a German court - Olive Press News Spain

A TOP German detective has told a court why he believes Madeleine McCann suspect Christian Brueckner is a dangerous serial rapist. The respected profiler

www.theolivepress.es

So it's confirmed by a English speaking journalist that DM could not confirm her attack was recorded, maybe now Jonny boy has written it the nonsense her attack was filmed will stop.

I think I may have mentioned it before so excuse me repeating myself.

Please Note
Briefly paraphrasing a short comment from a paywall article is permissible as far as the copyright rule is concerned.

There is no point in mentioning an English speaking journalist if those of us on the wrong side of the paywall haven't a clue what he is reporting.
Thank you

 

[frank-cole]

Not yet, it's kind of a fall-back position for those who can't bear the thought that the prosecution might loseis why I want all evidence & witnesses to be heard.

Prosecutors have already had their bias claims rejected. I doubt they will be any more successful a second time.

Not particularly- I got similar vibes from an-other user the other day. The ‘us versus them’ mentality is better placed in the conspiracy gossip clubs. I’m pro-victim so I’ll always want their interests put first. i expect the lawyers that lose a case to appeal the verdict. Although they’re not always used, appeals processes exist for a reason. ‘Bias’ isn’t the only basis for an appeal. HCW has already commented along the lines of assessing the verdicts & making a decision on how to proceed. FF has appealed against several things already. The possibly that either side will appeal a verdict is a very simple takeaway & not indicative of a red or blue who’sthewinner…

,