German prisoner identified as suspect

[sal]

BRUNSWICK. The Braunschweig regional court has rejected the opening of a trial for s-e-x crimes. Reason: last place of residence of the 44-year-old from Saxony-Anhalt.

A trial against the suspect in the Maddie McCann case for multiple rapes and sexual abuse of children has collapsed. The district court of Braunschweig has declared itself not competent. "The court's decision also means that the Braunschweig judiciary is not responsible for the Maddie case," says Friedrich Fülscher, the 44-year-old's lawyer in Kiel.

In 2020, the Braunschweig public prosecutor announced that they were investigating the German emigrant whose last German place of residence was in Braunschweig for the murder of three-year-old Madeleine McCann . In the winter of 2019, the man, who originally came from southern Germany, was sentenced to seven years in prison for the rape of a 72-year-old by the Braunschweig district court. The crime took place in 2005 in the same Algarve town where, two years later, Maddie disappeared from a hotel room in the evening without a trace.

Read more news related to Maddie McCann:

Excitement about "wrong Maddie" - classic free rider?
Braunschweig- One last time from the "cell".
Lawyer - Braunschweig judiciary not responsible in the Maddie case
Charged with five counts of s-e-x offenses
Last year, the public prosecutor's office in the district court brought charges again: Between 2000 and 2017, the man in Portugal is said to have raped three other women and sexually assaulted two children.

As the Braunschweig Regional Court announced in a press release on Thursday, the responsible 2nd Criminal Chamber followed Fülscher's doubts about the jurisdiction of the Braunschweig judiciary in an interim procedure . According to his own statements, the lawyer had already pointed out the problem of residence in writing during the preliminary proceedings and brought the Magdeburg public prosecutor's office into play as the actually responsible authority. The decisive legal question : where was the 44-year-old last in Germany?

Braunschweig only registration address
According to the chamber, the accused originally lived and was registered in the Braunschweig court district. However, that is not the point. Because the 44-year-old actually wants to have lived on his property in Neuwegersleben in Saxony-Anhalt. According to his lawyer, he maintained the Braunschweig address as a bogus address in order to receive mail there.

Suspect owned property in Saxony-Anhalt
From the point of view of the chamber, the fact that the accused was entered in the land register as the owner of a property spoke in favor of this information. "In addition to various vehicles, there were also personal belongings of the accused on this property."

Two months later he fled abroad. He kept the property. "After a comprehensive assessment of all the arguments put forward, the chamber assumed that the accused last had his place of residence outside of the local district and has therefore declared himself not responsible," says the press release.

Arrest warrant lifted – but still in prison
The district court canceled a new arrest warrant for the allegations made in the indictment. According to the court, this decision has no influence on the further serving of the current sentence .

The decision of the regional court can be contested with an appeal to the Braunschweig Higher Regional Court.

https://www.braunschweiger-zeitung.de/b ... endig.html

[honestbroker1]

https://www.dailymail.co.uk/news/articl ... ckner.html

Brunswick prosecutor Hans Christian Wolters told MailOnline: 'We have not yet been made aware of the court's ruling. We don't understand why Mr Fulscher has it ahead of us as these rulings should be given simultaneously to both parties.

'We are still trying to find out exactly what has happened and if it has gone against us we will appeal or have the case moved to another city of jurisdiction in Germany.'

In a statement to MailOnline, Mr Wolters continued to remain upbeat insisting nothing would change for the immediate future.

He said: 'We will continue to investigate the Maddie case and the accused will remain in custody.

'With regard to the decision of the Regional Court of Braunschweig on jurisdiction in the pending proceedings, we will first carefully examine the reasons and then probably have the decision reviewed by the Higher Regional Court of Braunschweig.

[jjbd]

Weird.

[sal]

https://www.thesun.co.uk/news/22112479/ ... ristian-b/

[sal]

BILD

Will Christian Brückner be released soon?
BILD explains: This is how the Maddie case continues



By: KAI FELDHAUS
04/21/2023 - 3:12 p.m

Braunschweig – The decision of the district court in Braunschweig hit like a bomb.

Since the last German place of residence of the accused Christian Brückner (46) was not in Braunschweig, as assumed by the public prosecutor's office, one is "not responsible" for a rape trial against the previously convicted child molester, the court said.

The eagerly awaited trial against the man who is said to have kidnapped and killed Maddie McCann (then 3) , who had disappeared since 2007, from an apartment in Portugal has burst for the time being.

What's next? BILD explains: That means the spectacular decision for...

... the accused
Suspect: Christian Brückner (46)
Suspect: Christian Brückner (46)



Although the regional court lifted the arrest warrant, Christian Brückner remains in prison.

He is currently serving a seven-year sentence in Oldenburg JVA for raping an American woman (72 at the time).

But: Brückner has served 4.5 years. After two-thirds of the sentence, release on probation is theoretically possible, which Brückner has already applied for according to BILD information.

However, given the ongoing investigations, it is unlikely that it will be approved.

... the public prosecutor's office in Braunschweig
Wants to have the decision checked: Hans Christian Wolters


According to prosecutor Hans Christian Wolters, the court's decision initially does not change anything for his authority: "We are continuing to investigate the Maddie case and the accused remains in custody."

The reasons will be discussed and "the decision will then probably be reviewed by the Braunschweig Higher Regional Court."

… the defence
Doubted responsibility: Friedrich Fülscher


Brückner's Kiel lawyer Friedrich Fülscher (38) had already questioned Braunschweig's jurisdiction in September 2022. The court now agreed with him.

"Should the public prosecutor's office challenge the well-founded decision of the regional court with a complaint, it would be clear that this is also about the personal vanities of the civil servants," said Fülscher. “Even the complaint costs time that another public prosecutor’s office could use sensibly.

The public prosecutor's office in Braunschweig would also take considerable risks without need: even if the higher regional court in Braunschweig came to a different conclusion, the regional court would not be bound by this decision during the main hearing and could discontinue the proceedings with a judgement."

According to Fülscher, the only right thing to do is hand the case over to another public prosecutor's office as soon as possible.

... the investigations
SPECTACULAR CRIMES
The case of Maddie McCann

Spectacular Crimes: The Maddie McCann Case
Source: IMAGE
12/29/2021
44:41
If the Higher Regional Court has decided (or if the Braunschweig public prosecutor's office does not lodge an appeal), the files in Braunschweig would have to be packed up and handed over to a new public prosecutor's office.
Colleagues in Magdeburg (Brückner owned a property in Saxony-Anhalt) or Frankfurt (here he was handed over to the German authorities after his arrest in Italy) would then be considered. The hope of the defense: A new public prosecutor's office could continue the investigation with less zeal than the colleagues in Braunschweig.

According to BILD information, the prosecution witnesses who were supposed to testify against Brückner in the planned rape trial were just as surprised by the decision as the public prosecutor's office.

[honestbroker1]

I can't copy and paste from the link but Herr Wolters insists it's a local difference of opinion over which court has jurisdiction and everything is on track.


https://www.theolivepress.es/spain-news ... -go-ahead/

[sal]

A s-e-x offences trial of Madeleine McCann suspect Christian Brueckner in Germany has not been cancelled.

Despite global headlines to the contrary yesterday, a date had not yet been set for a hearing of the five charges that were levelled at the convicted p.a.e.dophile, 46, in October last year.

The chief prosecutor in the case has told the Olive Press it is ‘merely an issue of jurisdiction’ and the trial will ‘certainly’ still go ahead.

Hans Christian Wolters confirmed there was ‘no reason to speculate’ and ‘nothing has changed’ after Braunschweig Landgericht, or the city’s lower court, provisionally passed the case over to the region of Magdeburg.

“And in terms of the Maddie case, for now, nothing will change as a result of the decision and we are continuing to investigate it,” he added.

Jon Clarke With German Prosecutor Wolters.Jon Clarke With German Prosecutor Wolters.Jon Clarke with German Prosecutor Wolters
In fact, police sources in Germany, told the Olive Press the case against Brueckner abducting and killing the British toddler in Praia da Luz, in May 2007, is ‘stronger than ever’.

And meanwhile, new evidence has emerged over the five s-e-x charges, three rapes and two child abuse cases, all in Portugal, between 1999 and 2017.

HazelHazelHORRIFIED: Rape victim Hazel Behan copyright Olive Press Spain
In particular, in the vicious rape of Irish woman, Hazel Behan, on the Algarve, in 2004, a new ‘key witness’ has recently come forward, the Olive Press can reveal.

The technicality, which will merely slow down the prosecution ‘between two and five months’, came about after Brueckner’s lawyer, Friedrich Fulscher, insisted the Braunschweig court had no jurisdiction over the case, as his client’s last address was near Magdeburg, 100km away.

However, as Wolters explained, this was a deserted box factory, in the village of Neuwegersleben, that had no running water, electricity or sewage.

Under German law you cannot be registered permanently at such an address and he will appeal the decision to Braunschweig’s upper court next week.

Failing that he will argue his case at Germany’s BGH High Court, which he would be ‘confident of winning’ as it has already made similar rulings on jurisdiction cases.

He is certain the s-e-x offender was living on and off in Braunschweig since 2013 and had various addresses, plus an official PO Box there.

He has also been tried and convicted of the rape of a 70-year-old American pensioner, in Portugal, in 2005, at Braunschweig court, for which he is serving a seven-year prison sentence.

Christian Brueckner And MaddieChristian Brueckner And MaddieChristian Brueckner and Madeliene McCann
“It is logical that he be tried for all s-e-x crimes in Braunschweig then,” explained a police source. “However, it doesn’t matter where the case is tried, the evidence has been uncovered and compiled from the BKA police headquarters in Wiesbaden.

“That evidence is stronger than ever and, if needs be, Braunschweig will send two of their prosecution team to Magdeburg to get the court there up to speed.

“Brueckner will still face these heinous crimes for which there is lots of very strong evidence, particularly, in the case of Hazel.”

Behan, a mother-of-two, now based near Dublin, told the Olive Press today she was initially ‘horrified’ the case would be dropped, but ‘has faith’ in the German police that the prosecution will continue.

“When I was called yesterday saying the trial had been dropped and asking how I felt, I was horrified. It came out of the blue and I couldn’t understand why neither my lawyer nor the police had notified me first.

“I now understand from my solicitor in Germany this is just a way for Brueckner’s team to slow down proceedings and it is merely a technicality.

“Thankfully I am still looking forward to facing this evil man in court and seeing justice finally done,” she added. “I hope this is sooner than later.”

The further crimes for which he was formally charged last year were the violent rape of a teenager and another older woman, in Praia da Luz, between 1999 and 2006 and the groping of a 10-year-old girl on a beach in 2007, plus exposing himself to four children in 2017 in a playground.

olive press

[honestbroker1]

The technicality, which will merely slow down the prosecution ‘between two and five months’, came about after Brueckner’s lawyer, Friedrich Fulscher, insisted the Braunschweig court had no jurisdiction over the case, as his client’s last address was near Magdeburg, 100km away.

However, as Wolters explained, this was a deserted box factory, in the village of Neuwegersleben, that had no running water, electricity or sewage.

Under German law you cannot be registered permanently at such an address and he will appeal the decision to Braunschweig’s upper court next week.

Unreal

[jjbd]

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

ack websleuths. https://www.websleuths.com/forums/threa ... 20/page-47

[honestbroker1]

Brueckner's last place of "residence" was the disused factory, with no plumbing, electricity or water?

[Whiterose]

Stalling tactic if you ask me. I wonder if there is such a strong case against CB this is the only way they can stop the court case going ahead.

[sal]

https://www.express.co.uk/news/uk/17706 ... ce-suspect

[honestbroker1]

Posted by Richard Kimble at Websleuths:

https://cvvnews.com/madeleine-mccann-su ... e%E2%80%9D.

[sal]

https://www.thesun.co.uk/news/22437981/ ... reservoir/

BREAKING
NewsWorld News
MADDIE SHOCK Madeleine McCann bombshell as cops plan to search remote Algarve reservoir where suspect Christian B used to vi



https://www.cmjornal.pt/portugal/detalh ... _Destaques

[honestbroker1]

I was just about to post the same story from The Mail, Sal.

But you beat me to the punch.

I don't think there's anything different in The Mail account from the one you've posted.

[sal]

The search will begin at dawn and has a two-day time limit that can be extended if anything of interest is found.

German police sources told the Olive Press the search was called ‘over a month ago’ after a ‘very credible’ new tip came in to prosecutor Hans Christian Wolters, in Braunschweig.

“The tip came in really recently and prosecutor Wolters believed it because the source also provided evidence,” he said.

Wolters himself told the Olive Press this afternoon, that he ‘couldn’t officially confirm anything’, but promised he would issue a press release tomorrow morning.
https://www.theolivepress.es/spain-news ... ne-mccann/

[jjbd]

Interesting about the new tip.

[jjbd]

The tip comes via a lawyer, Marcos Teixeira da Fonte Aragao Correia, whose client is an underworld figure, who ‘knew exactly what happened to Maddie’.

The lawyer, based on the Algarve, had previously named the spot and privately funded a search there in 2008.

Incredibly, he had also represented the mother of another missing girl, Joana Cipriano, who was found guilty of killing her daughter and then absolved after spending over a decade in prison.

Strange comment by Clarke - I didn't know she had been absolved - just released.

[jjbd]

Oh God - bennett's back - quoting from the Madeleine Foundation!!!!!!!!!!!!
https://jillhavern.forumotion.net/t1732 ... -not-to-be

[sal]

https://www.thesun.co.uk/news/22446291/ ... an-b-lake/

[honestbroker1]

https://www.thesun.co.uk/news/22446291/ ... an-b-lake/

Writers who contribute to down-market papers are fully capable of producing serious and well-written pieces.

This is an example.

[sal]

https://www.belfasttelegraph.co.uk/news ... 72618.html

[sal]

https://www.thesun.co.uk/news/22446345/ ... ch-lawyer/

[honestbroker1]

It's possible the German authorities are acting on intelligence unavailable to Correia back then

[Pedro]

for me, that will produce nothing credible. it´s just something to show to the press, without nothing credible whatsoever.