Madeleine McCann: German Prisoner Identified as Suspect #31

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141 pages. That's going to take some getting through
 
Given its not been established what crime as been committed against Madeleine this may apply.


Where a British national dies as a result of murder, manslaughter or infanticide overseas, jurisdiction for the investigation is most likely to remain with the authorities in that country. In these circumstances a coronial investigation in England and Wales will only take place if the body is repatriated, reported to the coroner, and the death is violent, unnatural, or of unknown cause.

Yes. They have no body and no other proof of death.
 
Which would suggest Amaral's legal team had a far better understanding of the relevant laws than the McCann's lawyers.

I think the plaintiffs were surprised he went to trial


Usually the point is to force a settlement as a fully contested trial lasting years and the risks involved suits neither party....

Basically they miscalculated.
 
I think the plaintiffs were surprised he went to trial


Usually the point is to force a settlement as a fully contested trial lasting years and the risks involved suits neither party....

Basically they miscalculated.
The McCanns and their friends got payments from UK newspapers without having to prove their allegations in court. The same trick didn't work on Amaral and they quite rightly failed. They are still claiming that they sued him because his book harmed the search for Madeleine, but that claim was never proved to be correct and was dismissed by the first judge.
 
I think the plaintiffs were surprised he went to trial


Usually the point is to force a settlement as a fully contested trial lasting years and the risks involved suits neither party....

Basically they miscalculated.
I suppose they were outraged when the Appeal Court found against them and felt they had to pursue the matter further however ill-advised it ultimately was.
 
The current situation has divided people into two groups. Those believing that HCW has a photo (or a least witnesses stating they have seen one) and those who don’t believe he has this evidence.

From HCW’s protracted investigation and his less-confident recent comments it seems clear that if there is a photo its link to CB is a weak one.

The below post from @Dlk79 provides a strong argument, based on direct quotes from HCW, that he has a photo.

Madeleine McCann: German prisoner identified as suspect - #26

From this line of thought, if we assume that the photo exists, and:
  1. It was taken shortly after MM was abducted;
  2. CB is indirectly linked to this photo;
  3. It shows MM deceased;
  4. The location can be identified as Portugal.
How can these facts implicate CB but not be enough to charge him? This is my thinking relative to the above points.

1. There is no EXIF data attached to the photo. In 2007 it would have given the exact time and date the image was captured. HCW would then be more definitive in his comments relating to MM’s time of death.

The image therefore must show something that indicates when it was taken. The obvious point here would be that MM is still wearing the Eyore Pyjamas. If not then comparisons with other recent photos of things like hair length could be made and provide an approximation of when the image was taken.

2. The obvious thought here is that it was obtained from the box factory search. If so, the EXIF data must have been deleted and/or it must have been copied from the capture device i.e. camera or phone. I say this because if it was on a device owned or known to be used by CB, it is a strong evidential link to him.

In the case with his girlfriend’s daughter, the photos were found stored on the Casio camera he owned. This could have caused him to clear other older devices but it wasn’t something he was doing prior to this case and the MM offence pre dates this one.

It’s also possible that the image was found or given to the BKA from an online source. It could have been a copy of a copy (over several generations) and the EXIF data could have been lost in one of the duplication processes. If this is the case, then there would need to be something in the photo that links it to CB, probably the location - see point four below.

3. The options here are a) she has injuries impossible to survive, b) she is in the process of being killed by an unidentifiable assailant c) the image is post mortem and shows signs of discolouration/early stages of decomposition d) (only for completion) she is shown deceased in some other way e.g. frozen as in GA’s suggestion.

4. Without certainty on timing and with no geolocation via EXIF data, I think we can rule out a vehicle as the location that links CB to the offence - a car or, more likely, a VW T3 could be anywhere.

The location therefore must be somewhere unambiguously identifiable as Portugal. It must be private and almost certainly indoors. It must be a location familiar to CB.

Also important to consider is the objective of the photo. Was it a sicko trophy or was it proof that a problem had been dealt with, the latter might be applicable to an abduction to order gone wrong theory.

Given all this, I think it’s that the image was found during the box factory search.

Further, I think that the farmhouse is a good possibility for the location - we know the BKA have photos of it because they were part of the appeal. He wasn’t renting it at this time but the abduction it was within a year of him living there and within six-months of him getting out of prison. Very easy access from the OC and suitably out of the way. As we know, CB is very capable of breaking in to places.

This would satisfy what HCW has said. But, IMO, even if CB had the photo and it was taken at a place where he once lived, it would not prove he killed MM - this is could be the problem for HCW.

I’m not saying this is true but even if it was, I don’t think he would be charged on this evidence.

Is it possible that HCW is trying to pressure CB to provide an explanation on how else he could have this photo in his possession (box factory) if he is not responsible for MM’s abduction and death? Could this explain the extended wait and perhaps comments like “…. We have the evidence to charge”?

Based on other no body cases I have read about I think DLK might have over egged this slightly by microanalysing every word from HCW when the sentences quoted can be interpreted multiple ways, and it isn't his first language.

my 02c is that their theory is based on a source and other circumstantial evidence, and not direct evidence.

IMO if they had a photo of the victim they would have announced that.
 
Based on other no body cases I have read about I think DLK might have over egged this slightly by microanalysing every word from HCW when the sentences quoted can be interpreted multiple ways, and it isn't his first language.

my 02c is that their theory is based on a source and other circumstantial evidence, and not direct evidence.

IMO if they had a photo of the victim they would have announced that.
I could go either way. I do think HCW is precise in his comments but I’m also sure things are getting altered in translation… so to speak.

If there is no photo then I guess the evidence comes down to drunken confessions, a word doc and potentially something from an (likely criminal) associate. IMO, this seems a stretch for HCW to say “… we are sure our suspect killed her.”

I wonder if it is possible that they are almost certain CB took/had photos of MM but they don’t have them now. Say for example they have a device with images on it and the EXIF data shows images 22, 23, 24 were taken at 5pm 3 May 2007. The next images were then 28, 29 and so on. This group were taken at 10am 4 May 2007. This shows that 25-27 have been deleted at a very important time for this crime. I am pretty sure CB wouldn’t know if deleted images could be retrieved or not. This might be a reason why HCW hasn’t released the fact that he has a photo but has cryptically alluded to the fact he does have one.

Here’s some info on unique photo IDs. I’m sure the is someone with better photography knowledge than me.

 
I could go either way. I do think HCW is precise in his comments but I’m also sure things are getting altered in translation… so to speak.

If there is no photo then I guess the evidence comes down to drunken confessions, a word doc and potentially something from an (likely criminal) associate. IMO, this seems a stretch for HCW to say “… we are sure our suspect killed her.”

I wonder if it is possible that they are almost certain CB took/had photos of MM but they don’t have them now. Say for example they have a device with images on it and the EXIF data shows images 22, 23, 24 were taken at 5pm 3 May 2007. The next images were then 28, 29 and so on. This group were taken at 10am 4 May 2007. This shows that 25-27 have been deleted at a very important time for this crime. I am pretty sure CB wouldn’t know if deleted images could be retrieved or not. This might be a reason why HCW hasn’t released the fact that he has a photo but has cryptically alluded to the fact he does have one.

Here’s some info on unique photo IDs. I’m sure the is someone with better photography knowledge than me.

One problem with the EXIF data is that cameras come with a factory date/time setting.
If this is not changed, then it is impossible to identify when a picture was taken.
Phone cameras automatically pick up the date.
 
One problem with the EXIF data is that cameras come with a factory date/time setting.
If this is not changed, then it is impossible to identify when a picture was taken.
Phone cameras automatically pick up the date.

Regards photos,. Wasn't there a picture found in the camper, or a picture in the camper of the so called alibi girl, that obviously didn't have a date on it though. CB defo liked a photo
 
The current situation has divided people into two groups. Those believing that HCW has a photo (or a least witnesses stating they have seen one) and those who don’t believe he has this evidence.

From HCW’s protracted investigation and his less-confident recent comments it seems clear that if there is a photo its link to CB is a weak one.

The below post from @Dlk79 provides a strong argument, based on direct quotes from HCW, that he has a photo.

Madeleine McCann: German prisoner identified as suspect - #26

From this line of thought, if we assume that the photo exists, and:
  1. It was taken shortly after MM was abducted;
  2. CB is indirectly linked to this photo;
  3. It shows MM deceased;
  4. The location can be identified as Portugal.
How can these facts implicate CB but not be enough to charge him? This is my thinking relative to the above points.

1. There is no EXIF data attached to the photo. In 2007 it would have given the exact time and date the image was captured. HCW would then be more definitive in his comments relating to MM’s time of death.

The image therefore must show something that indicates when it was taken. The obvious point here would be that MM is still wearing the Eyore Pyjamas. If not then comparisons with other recent photos of things like hair length could be made and provide an approximation of when the image was taken.

2. The obvious thought here is that it was obtained from the box factory search. If so, the EXIF data must have been deleted and/or it must have been copied from the capture device i.e. camera or phone. I say this because if it was on a device owned or known to be used by CB, it is a strong evidential link to him.

In the case with his girlfriend’s daughter, the photos were found stored on the Casio camera he owned. This could have caused him to clear other older devices but it wasn’t something he was doing prior to this case and the MM offence pre dates this one.

It’s also possible that the image was found or given to the BKA from an online source. It could have been a copy of a copy (over several generations) and the EXIF data could have been lost in one of the duplication processes. If this is the case, then there would need to be something in the photo that links it to CB, probably the location - see point four below.

3. The options here are a) she has injuries impossible to survive, b) she is in the process of being killed by an unidentifiable assailant c) the image is post mortem and shows signs of discolouration/early stages of decomposition d) (only for completion) she is shown deceased in some other way e.g. frozen as in GA’s suggestion.

4. Without certainty on timing and with no geolocation via EXIF data, I think we can rule out a vehicle as the location that links CB to the offence - a car or, more likely, a VW T3 could be anywhere.

The location therefore must be somewhere unambiguously identifiable as Portugal. It must be private and almost certainly indoors. It must be a location familiar to CB.

Also important to consider is the objective of the photo. Was it a sicko trophy or was it proof that a problem had been dealt with, the latter might be applicable to an abduction to order gone wrong theory.

Given all this, I think it’s that the image was found during the box factory search.

Further, I think that the farmhouse is a good possibility for the location - we know the BKA have photos of it because they were part of the appeal. He wasn’t renting it at this time but the abduction it was within a year of him living there and within six-months of him getting out of prison. Very easy access from the OC and suitably out of the way. As we know, CB is very capable of breaking in to places.

This would satisfy what HCW has said. But, IMO, even if CB had the photo and it was taken at a place where he once lived, it would not prove he killed MM - this is could be the problem for HCW.

I’m not saying this is true but even if it was, I don’t think he would be charged on this evidence.

Is it possible that HCW is trying to pressure CB to provide an explanation on how else he could have this photo in his possession (box factory) if he is not responsible for MM’s abduction and death? Could this explain the extended wait and perhaps comments like “…. We have the evidence to charge”?
I've read your post several times, Denis.

Correct me if I'm wrong, but I think the very succinct summary of your point is that you think they have photographic proof Madeleine is dead, but they can't directly link the photograph to Brueckner.

Is that right?
 
The smell of "nothing"....tic-tac-tic-tac...end of September 2022...can what they have be only a Helge B testimony "corroborated" by independent CB's autobiographic texts?!
 
Based on other no body cases I have read about I think DLK might have over egged this slightly by microanalysing every word from HCW when the sentences quoted can be interpreted multiple ways, and it isn't his first language.

my 02c is that their theory is based on a source and other circumstantial evidence, and not direct evidence.

IMO if they had a photo of the victim they would have announced that.
I could go either way. I do think HCW is precise in his comments but I’m also sure things are getting altered in translation… so to speak.

If there is no photo then I guess the evidence comes down to drunken confessions, a word doc and potentially something from an (likely criminal) associate. IMO, this seems a stretch for HCW to say “… we are sure our suspect killed her.”

I wonder if it is possible that they are almost certain CB took/had photos of MM but they don’t have them now. Say for example they have a device with images on it and the EXIF data shows images 22, 23, 24 were taken at 5pm 3 May 2007. The next images were then 28, 29 and so on. This group were taken at 10am 4 May 2007. This shows that 25-27 have been deleted. I am pretty sure CB would know if deleted images could be retrieved or not. This might be a reason why HCW hasn’t released the fact that he has a photo but has cryptically alluded to the fact he does have one.

Here’s some info on unique photo IDs. I’m sure the is someone with better photography knowledge than me.
 
I've read your post several times, Denis.

Correct me if I'm wrong, but I think the very succinct summary of your point is that you think they have photographic proof Madeleine is dead, but they can't directly link the photograph to Brueckner.

Is that right?
I just responded to Jitty.

I guess I am struggling to reconcile how HCW/BKA can go ahead with the appeal and make the statements they have without something stronger than witness statements detailing CB’s confessions.

A photo would give them the grounds to do what they’ve done and say what they’ve said. Problem is that if this was the case, I think things would be moving on more quickly towards an end but they’re not.

Given everything I’ve read and where the case is I think there is a small chance they have a photo but it’s not impossible If they do have one, there are only two possible connections to CB: it was found at the box factory and/or the location of the photo is in some way linked to him. Anything other connections makes the evidence against him much stronger.

Even if there is a photo which includes either of those links to CB, it still doesn’t, IMO, mean that CB is the culprit.
 
I just responded to Jitty.

I guess I am struggling to reconcile how HCW/BKA can go ahead with the appeal and make the statements they have without something stronger than witness statements detailing CB’s confessions.

A photo would give them the grounds to do what they’ve done and say what they’ve said. Problem is that if this was the case, I think things would be moving on more quickly towards an end but they’re not.

Given everything I’ve read and where the case is I think there is a small chance they have a photo but it’s not impossible If they do have one, there are only two possible connections to CB: it was found at the box factory and/or the location of the photo is in some way linked to him. Anything other connections makes the evidence against him much stronger.

Even if there is a photo which includes either of those links to CB, it still doesn’t, IMO, mean that CB is the culprit.
Should it turn out that Wolters has definitive proof Madeleine is dead but not definitive proof that identifies the culprit, then the Portuguese Supreme Court and the European Court of Human Rights are both going to look very silly, which would, of course, be ZERO consolation to the McCanns.
 
One problem with the EXIF data is that cameras come with a factory date/time setting.
If this is not changed, then it is impossible to identify when a picture was taken.
Phone cameras automatically pick up the date.
Unless you still have the camera with the original date/time setting.

It doesn’t matter anyway, if a photo exists I don’t believe it has any EXIF data or HCW would be more accurate on the timing than he has been,
 
The update of the McCs tells me they know more than us... no hope in finding her alive anymore jmo


20 September, 2022​

Decision of European Court of Humans Rights: McCann and Healy v Portugal (Application Number 57195/17)​

We are naturally disappointed with the decision of the European Court of Humans Rights announced today. However, much has changed since we started legal proceedings 13 years ago against Mr Amaral, his publisher and broadcaster.

We took action for one and only one reason: Mr Amaral’s unfounded claims were having a detrimental impact on the search for Madeleine. If the public believed that we were involved in her disappearance, then people would not be alert for possible clues and may not report relevant information to the relevant law enforcement agencies.

The focus is now rightly on the search for Madeleine and her abductor(s). We are grateful for the ongoing work by the British, German and Portuguese police. We hope that with, the help of the public, hard work and diligence we can eventually find those responsible for Madeleine’s disappearance and bring them to justice.

Kate and Gerry McCann
 
The update of the McCs tells me they know more than us... no hope in finding her alive anymore jmo


If nothing else, two Portuguese appeal courts and, now, the European Court of Human Rights all screwed up in concluding that the McCanns were accorded 'technical benefit of the doubt' about their non-involvement in anything untoward that occurred to Madeleine.

That fact will not change, even if the case against Brueckner in respect of Madeleine collapses.
 
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