German prisoner identified as suspect

[honestbroker1]

https://www.thesun.ie/news/10936949/mad ... am-search/

[Whiterose]

Thanks HB

They got through all those samples very quickly. There are other areas they can look at, if it's true they found nothing.

[sal]

Star Attorney Dr. Friedrich Fülscher (39) defends the Maddie suspect

Photo: Jan Niklas
"The testimony of the witness raises a lot of questions that encourage me to believe that these videos are fictitious," says Kiel's star attorney Dr. Friedrich Fülscher (39). “First of all, there are inconsistencies with previous statements. On the other hand, there are also considerable contradictions to the statements of the witness Manfred S. According to the court that convicted Mr. Brückner, he is said to have seen different sequences than Helge B. According to Helge B.'s current description, this would not be possible in fact."

However, Brückner was not only convicted on the basis of the testimonies: a hair of his was found on the victim's bed sheet.

Finally, witness Helge B. claims that Brückner gave away at a meeting in 2008 - revealing that he had kidnapped Maddie.

Helge B. describes the dialogue at a festival in Spain as follows: "He asked me: 'Don't you go to Portugal anymore and do business there?' No, I said, since the girl disappeared there, there have been too many police checks for me and I don't need that at all. We came up with Maddie and I said, 'I don't understand how the little one could have disappeared without a trace anyway.' Christian had drunk two or three beers and then said: 'She didn't scream.' I immediately checked what he said. I thought: He knows that. He has something to do with it.”


"This alleged confession did not exist," said defense attorney Dr. forger. "According to Manfred S., there wasn't even a conversation on the occasion."

Manfred S. had claimed to BILD that he had not heard anything about the possible "confession".

He cannot remember whether there was a conversation between Brückner and Helge B

BILD

[sal]

https://www.thesun.co.uk/news/22893975/ ... -pick-kit/

THE prime suspect in Madeleine McCann’s disappearance had a burglary tool kit that could unlock any security door, an important witness claims.

[sal]

https://www.thesun.co.uk/news/22930822/ ... -criminal/

[honestbroker1]

https://www.thesun.co.uk/news/22982861/ ... cann-lake/

[sal]

https://www.thesun.co.uk/news/23008442/ ... ristian-b/

[Whiterose]

His boasting is going to be his downfall. This friend hopefully will let the police into the mind of CB. Why didn't Amaral wonder to himself how that man got into apartments to abuse children? Holiday makers were saying they locked their doors. He didn't bother did he. All he cared about was framing the McCann's. There was no evidence Amaral said that anyone came in through the window, put your interest into the door then idiot. The window could have been opened to let fumes out. If he used something to do with paint thinners or similar to sedate Madeleine. A detective should you would think go through all the possibilities. He's a business man CB boasted, well maybe he made a deal with someone to sell Madeleine, he was selling drugs he would know a lot of shifty people and other p.a.e.d.o.philes it was his dark little world. I hope something comes up to snare him one way or another.

[sal]

https://www.mirror.co.uk/news/uk-news/m ... s-30933435

[sal]

https://www.thesun.co.uk/news/23961824/ ... ing-apart/

[honestbroker1]

"Sources close to the investigation"?

Can't find anything about this in the broadsheet papers.

ETA: Arguably best to wait for an official statement from Herr Wolters.

[honestbroker1]

From today's Times. Will post in a series of edits:

The German prosecutor investigating the convicted rapist Christian Brueckner for the alleged abduction and murder of Madeleine McCann has strongly denied claims the case is close to collapse.

Hans Christian Wolters of the Braunschweig state prosecutor’s office was responding to claims in The Sun that the prosecution of Brueckner could fall apart because a key witness, Helge Busching, was “wobbling” and threatening to withdraw his evidence.

The paper added that Busching’s move could be the final blow to the legal action.

(More to follow)

Wolter told The Times: “He can’t choose whether he appears as a witness and he can’t retract his statements and act as if nothing had happened. That doesn’t work in the legal system in Germany, and he is certainly not the decisive support in the proceedings when it comes to Maddie.”

He added: “I don’t know if the witness is withdrawing his testimony. The fact is that in Germany it’s different from other legal systems.

“In Germany a witness has to appear in court, he has no choice. And if he has already testified, the statements that he has made can of course also be introduced in the trial.

“So if he were to say, ‘I’m not talking to you’ — even if that were the case, and I don’t know if it is — that would not lead to our case collapsing here.”

Wolters added: “At the moment it is not yet clear whether there will be a trial or not because we do not yet know whether what we have is sufficient for an indictment. But among all that we have, Helge B’s statements are certainly not the most decisive.”

• Who is Christian Brueckner, the prime suspect in the McCann case?

A German source “close to the investigation” had told The Sun: “Word is that Helge Busching is about to withdraw his evidence. He was paid a huge sum to repeat his statement in a German newspaper and now he’s pulling the plug. It just goes to show you what type of people you are dealing with — and their credibility as witnesses.”

Brueckner is serving a seven-year sentence for the 2005 rape of a 72-year-old American woman in the Algarve. He was in part convicted on evidence from Busching.

Wolters said that even if the McCann case never came to trial, other proceedings against Brueckner could keep him in prison for the rest of his life.

Last October he was charged with raping a 14-year-old German girl, a 20-year-old Irish woman and another woman in her seventies between 2000 and 2007. He was also accused of other sexual offences against a ten-year-old girl in 2007 and an 11-year-old girl in 2017. Brueckner has denied all five charges.

Wolters said: “There are serious offences, so if he is convicted of them, he will certainly have to expect a very substantial sentence, which could, of course, in the worst case lead to him possibly not getting out of prison at all.”

[sal]

https://www.thesun.co.uk/news/23982911/ ... ed-movies/

[honestbroker1]

Herr Wolters hits back (yesterday's Times

The German prosecutor investigating the convicted rapist Christian Brueckner for the alleged abduction and murder of Madeleine McCann has strongly denied claims the case is close to collapse.

Hans Christian Wolters of the Braunschweig state prosecutor’s office was responding to claims in The Sun that the prosecution of Brueckner could fall apart because a key witness, Helge Busching, was “wobbling” and threatening to withdraw his evidence.

The paper added that Busching’s move could be the final blow to the legal action.

Christian Brueckner is serving a seven-year prison sentence for an unrelated offence
Christian Brueckner is serving a seven-year prison sentence for an unrelated offence
Earlier this year Busching claimed that Brueckner had confessed to abducting the British girl from her parents’ holiday flat in Praia da Luz in the Algarve region in May 2007, when she was three. Busching claimed that when they were discussing Madeleine’s disappearance, Brueckner told him that “she didn’t scream”.

Wolters said that even if Busching was having second thoughts, under the German legal system he would not be able to retract his statement and it would remain admissible as evidence even if not repeated in a court of law.

The prosecutor also claimed that Busching’s testimony was not a cornerstone of the McCann case and played only a “very, very small role”.

Hans Christian Wolters, the prosecutor investigating Christian Brueckner, said the witness’s testimony played only a “very small role” in the case
Hans Christian Wolters, the prosecutor investigating Christian Brueckner, said the witness’s testimony played only a “very small role” in the case
MARTIN MEISSNER/AP
Wolter told The Times: “He can’t choose whether he appears as a witness and he can’t retract his statements and act as if nothing had happened. That doesn’t work in the legal system in Germany, and he is certainly not the decisive support in the proceedings when it comes to Maddie.”

He added: “I don’t know if the witness is withdrawing his testimony. The fact is that in Germany it’s different from other legal systems.

“In Germany a witness has to appear in court, he has no choice. And if he has already testified, the statements that he has made can of course also be introduced in the trial.

“So if he were to say, ‘I’m not talking to you’ — even if that were the case, and I don’t know if it is — that would not lead to our case collapsing here.”

Wolters added: “At the moment it is not yet clear whether there will be a trial or not because we do not yet know whether what we have is sufficient for an indictment. But among all that we have, Helge B’s statements are certainly not the most decisive.”

• Who is Christian Brueckner, the prime suspect in the McCann case?

A German source “close to the investigation” had told The Sun: “Word is that Helge Busching is about to withdraw his evidence. He was paid a huge sum to repeat his statement in a German newspaper and now he’s pulling the plug. It just goes to show you what type of people you are dealing with — and their credibility as witnesses.”

Brueckner is serving a seven-year sentence for the 2005 rape of a 72-year-old American woman in the Algarve. He was in part convicted on evidence from Busching.

Wolters said that even if the McCann case never came to trial, other proceedings against Brueckner could keep him in prison for the rest of his life.

Last October he was charged with raping a 14-year-old German girl, a 20-year-old Irish woman and another woman in her seventies between 2000 and 2007. He was also accused of other sexual offences against a ten-year-old girl in 2007 and an 11-year-old girl in 2017. Brueckner has denied all five charges.

Wolters said: “There are serious offences, so if he is convicted of them, he will certainly have to expect a very substantial sentence, which could, of course, in the worst case lead to him possibly not getting out of prison at all.”

[sal]

https://www.thesun.co.uk/news/23991488/ ... tarnished/

[honestbroker1]

https://www.thesun.co.uk/news/23991488/ ... tarnished/

However, a source close to the Portuguese Police told The Sun that German cops are "bluffing" in saying the evidence from key witness Helge B, 48, is "only one part of the puzzle."

Goncalo Amaral?

Why don't people listen to Herr Wolters who has said (words to the effect) that the Helge B testimony is only a very small part of the case against Brueckner?

The prosecutor also claimed that Busching’s testimony was not a cornerstone of the McCann case and played only a “very, very small role”.

German prosecutor Christian Wolters.

[honestbroker1]

Brueckner has been charged with, but has yet to stand trial for, a string of offences, the most distant of which date back to 2000, and include a charge of rape against Hazel Behan, raped in 2004, 3 years before Madeleine vanished.

Against that backdrop, it is perhaps not surprising that no charges have yet been made against Brueckner in respect of Madeleine's disappearance, of course, in 2007

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

[honestbroker1]

duplicate post deleted.

[honestbroker1]

Here we go:

https://www.theolivepress.es/spain-news ... -and-free/

I can't copy and paste from the link, but it says that Hazel Behan's trial is scheduled to take place this autumn.

ETA: More accurately, Brueckner's trial for crimes against Hazel.

Brueckner's trial for crimes against Madeleine is scehduled for Spring next year.

[honestbroker1]

Here we go:

https://www.theolivepress.es/spain-news ... -and-free/

I can't copy and paste from the link, but it says that Hazel Behan's trial is scheduled to take place this autumn.

ETA: More accurately, Brueckner's trial for crimes against Hazel.

Brueckner's trial for crimes against Madeleine is scehduled for Spring next year.

Found an alternative link I can copy and paste from: identical information:

https://www.irishmirror.ie/news/irish-n ... e-30295301

[The German prosecutors] hope to be able to charge him with Madeleine's disappearance by next Spring. Hazel is hoping to get a precise date for her trial within the next few weeks.

[sal]

Higher Regional Court: Braunschweig was Christian B's last place of residence. Arrest warrant was reinstated.
https://www.braunschweiger-zeitung.de/b ... endig.html

[sal]

Braunschweig Regional Court has local jurisdiction

BRAUNSCHWEIG HIGHER LOCAL COURT – September 19, 2023

In response to the public prosecutor's complaint, the 1st Criminal Senate has, with today's decision, overturned the decision of the Braunschweig Regional Court in the case 2 KLs 213 Js 52790/18. The regional court wrongly declared itself incompetent. Rather, the Braunschweig Regional Court has local jurisdiction over the charges and has to decide whether to open the proceedings. At the same time, the Senate reinstated the arrest warrant of November 18, 2022, which was revoked by the regional court in this context.

The local jurisdiction depends on the last domestic residence of the accused. According to the 1st Criminal Senate in its justification, this was established in Braunschweig on the basis of a large number of different indicators and evidence - in particular previous statements made by the accused. Contrary to the statements of the regional court and the accused, there was no sufficient evidence of a residence in Saxony-Anhalt.

The decision was made in the so-called interim proceedings and thus before the main proceedings were opened, which is why no further information on the allegations will be provided. Furthermore, the presumption of innocence must be taken into account, according to which every person accused of a crime is presumed innocent until proven guilty by law.

https://oberlandesgericht-braunschweig. ... 25563.html

[sal]

Braunschweig – Now Braunschweig after all!

The Higher Regional Court (OLG) has decided: The regional court in Braunschweig is now responsible for a trial against Maddie suspect Christian Brückner (46). According to the BKA and the Braunschweig public prosecutor's office, Brückner is said to have kidnapped and killed little Maddie McCann (then 3) in 2007. The charges brought by the public prosecutor's office for the rape of the Irish woman Hazel B. (then 20) in Portugal in 2004 and for three cases of sexual abuse must be heard in the regional court there.


The Braunschweig regional court had upheld a complaint from Christian Brückner's defense attorney that Braunschweig was not responsible for such proceedings. Background: The last place of residence of the suspect arrested in Italy in Germany is disputed. The public prosecutor's office assumes Braunschweig. The defense claims that Christian Brückner most recently lived in a dilapidated warehouse in Saxony-Anhalt.


The Braunschweig regional court then declared itself incompetent. The public prosecutor's office lodged a complaint.

Now the decision of the Higher Regional Court: The last place of residence of the accused was to be determined “based on a large number of different indicators and evidence - in particular previous statements by the accused - in Braunschweig”. There is “no sufficient evidence” for a residence in Saxony-Anhalt.

So is the process finally starting now? It's not that easy!

Attorney Friedrich Fülscher defends Christian B.
Attorney Friedrich Fülscher defends Christian Brückner

Photo: Jan Niklas
According to the OLG in its decision, the Braunschweig Regional Court is “locally responsible for the prosecution and has to decide on the opening of the proceedings.” Should the regional court now open the main hearing, Christian Brückner’s defense attorney has already announced further steps.

“We have to accept the decision at this point, even if I - like the responsible chamber - consider it to be wrong,” said defense attorney Friedrich Fülscher (39) to BILD. “The chamber will now have to decide on the opening. We will challenge the local jurisdiction in the proceedings and, if the chamber ultimately changes its mind, we will have it reviewed by the Federal Court of Justice as part of the appeal.”

bild

[honestbroker1]

It's not over till it's over:

According to the OLG [Higher Regional Court] in its decision, the Braunschweig Regional Court is “locally responsible for the prosecution and has to decide on the opening of the proceedings.” Should the regional court now open the main hearing, Christian Brückner’s defense attorney has already announced further steps.

“We have to accept the decision at this point, even if I - like the responsible chamber - consider it to be wrong,” said defense attorney Friedrich Fülscher (39) to BILD. “The chamber will now have to decide on the opening. We will challenge the local jurisdiction in the proceedings and, if the chamber ultimately changes its mind, we will have it reviewed by the Federal Court of Justice as part of the appeal.”

I think it says much about Fulscher's opinion of the case against his client that he is not seeking to challenge any of the evidence against his client; rather to try to get proceedings thrown out, lock, stock and barrel, on the basis that no one can decide where the bloody man lived at the time the crimes were committed.

[Whiterose]

I agree HB. He can't challenge any of the evidence against CB so lets stop the trial happening. Hopefully it will happen.