if he had a case he would have charged it.
In general I give some deference to the office of prosecutor, because filing charges almost always means they believe they have a foundation that meets "case to answer" or 'strong suspicion" type levels AND a court is there to ensure that standard is met via preliminary hearing, motion to dismiss, bail hearing etc
What worries me is when the prosecutor makes his allegation without charge, and thus without placing the evidence in front of a court.
Given this has gone on for 4 years, I think it is entirely reasonable to conclude the case is weak or compromised. I agree based on what he says there is suspicion, but none of what he says is in evidence - that is a big problem IMO.
As we see in Court all the time, there can be a big difference between what is alleged, and what can be established at a factual level, let alone to reasonable doubt level.
Indeed it must be stressful beyond words that the four year gap between the five indictments and the actual trial allows ''what can be established at a factual level, let alone to reasonable doubt level'' a certain obfuscation and irregularity to creep into the process.
The presiding judge said as much herself.
One of the most shocking examples could probably be interference with witnesses; which was raised in court as happening on at least two instances one of which involved HB.
EMAIL FROM DOCTOR FF to HB, AUGUST 2020
(no grammar or spelling altered)
Dear Ms B,
My name is FF. I am the German criminal defence lawyer for the suspect in the case “Maddie” McCann.
First I would like to express my deepest regret to you about your experience in Portugal. you have suspected that my client may have been the perpetrator.
I am aware that the perpetrator will no longer be punished in your case, at least in Portugal because of the statute of limitations. nevertheless, I think it is very important to inform you that my client denies being the one who did this to you.
in fact it is the case that I also assume that he neither raped the 72-year-old American nor you, dear Ms B.
You described a mole or other abnormality on the right leg of the offender. is that correct? Can you describe this abnormality to me in more detail? I would like to show – also in your interest – that the real perpetrator is still out there somewhere. it would be very helpful if you could tell me everything you remember. is it possible to get the investigation files from you? I am also able to speak to you personally about the matter if- of course confidential- of you wish. I often defend in sexual offenses and therefore know how difficult it would be for you to talk about it.
but i also know what a relief it can be if the perpetrator is punished for it. it just has to be the right one.
with best regards
FF
By Jon Clarke in Braunschweig, Germany IT was the day that Madeleine McCann suspect Christian Brueckner's slick defence backfired. And it partly hinged
www.theolivepress.es
This, all despite the prosecutors following procedures in the legal process to the letter and all the necessary evidence allowing the judges to authorise the five indictments according to law.