German prisoner identified as suspect

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honestbroker1
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Re: German prisoner identified as suspect

Post by honestbroker1 » Thu Jul 30, 2020 3:55 pm

That, actually, makes me feel quite gloomy. It tends to suggest the first search revealed nothing. And that, in its own right, is quite a mixed emotion.

On the one hand, we want them to find nothing, because we'd love to think Madeleine is still out there, alive, waiting to be found.

And on the other, if the awful truth is awful, the McCanns need to KNOW!!!!

Seems as if the first searches turned up nothing definite, otherwise they wouldn't be continuing searches.

If the second search ends the same, the McCanns will be left in the same state of limbo.

Awful!!!

Simply not knowing (I imagine) will be worse than having the worst confirmed.

sal
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Re: German prisoner identified as suspect

Post by sal » Thu Jul 30, 2020 4:20 pm

https://www.braunschweiger-zeitung.de/n ... ssung.html


Maddie suspect requests early release
HANOVER / KIEL. The suspect in the Maddie case once again applies for release from prison. Meanwhile, his lawyer is disparaging about the investigation.

07/30/2020 - 04:40 p.m.
The suspect is currently in Kiel for drug trafficking. Now he has again applied for early release - this time in Kiel. (Archive picture)
The suspect is currently in Kiel for drug trafficking. Now he has again applied for early release - this time in Kiel. (Archive picture)

Photo: Marcel Kusch / dpa

The suspect in the case of the disappeared British Madeleine McCann has again made an application for early release. The Regional Court of Kiel is now responsible for this and no longer the Regional Court of Braunschweig as in the previous application that was withdrawn two days ago, the 43-year-old lawyer, Friedrich Fülscher, told dpa on Thursday. The suspect is currently serving a prison sentence for drug trafficking in Kiel. The liability is scheduled for January 7, 2021 - two thirds of this sentence was served on June 7 of this year.

The new application goes to the judiciary in Kiel, no longer to the one in Braunschweig
The 43-year-old had previously said through his lawyer that he had lost confidence in the Braunschweig judiciary after he believed the local court had wrongly sentenced him to rape a 72-year-old American. After the Federal Court of Justice had declared the Braunschweig district court responsible for the release from prison, the suspect had withdrawn his application. As the lawyer explained, the regional court at the headquarters of the detention center in which the man is sitting is now responsible for the new application, that is Kiel.

If the suspect is released early, the suspect could be released in the Maddie case despite ongoing investigations into him. Basically, imprisonment is still imminent in the rape case. According to the Braunschweig judges, the man raped the 72-year-old in 2005 in Praia da Luz, Portugal, about a year and a half before Maddie's disappearance. However, the 43-year-old had appealed against the judgment pronounced in December 2019.

The suspect's lawyer suspects prosecutors are on the wrong track
Meanwhile, the suspect's lawyer, Friedrich Sebastian Fülscher, spoke to the HAZ

Search of an allotment garden in Hanover

Durchsuchung eines Schrebergartens in Hannover
Polizeibeamte durchsuchen eine Kleingarten-Parzelle. Die Durchsuchung steht im Zusammenhang mit dem Fall "Maddie".
Foto: Peter Steffen/dpa

Search of an allotment garden in Hanover
Police officers search an allotment plot. The search is related to the "Maddie" case.
Photo: Peter Steffen / dpa

Search of an allotment garden in Hanover
Police officers search an allotment plot. The search is related to the "Maddie" case.
Photo: Peter Steffen / dpa

Search of an allotment garden in Hanover
Police officers search an allotment plot. The search is related to the "Maddie" case.
Photo: Peter Steffen / dpa

Search of an allotment garden in Hanover
Police officers search an allotment plot. The search is related to the "Maddie" case.
Photo: Michael Ahlers

Search of an allotment garden in Hanover
Police officers search an allotment plot. The search is related to the "Maddie" case.
Photo: Michael Ahlers

Search of an allotment garden in Hanover
Police officers search an allotment plot. The search is related to the "Maddie" case.
Photo: Peter Steffen / dpa

Durchsuchung eines Schrebergartens in Hannover
Polizeibeamte durchsuchen eine Kleingarten-Parzelle. Die Durchsuchung steht im Zusammenhang mit dem Fall "Maddie".
Foto: Peter Steffen/dpa
Bild 1 von 6
. He described the search as "pure desperation by the public prosecutor." It seemed to him that it was as if the investigators found it difficult to admit to having bet on the wrong horse, Fülscher continued. He speculates that the search should give the impression that the investigation is progressing.

dpa / red
Rogério Alves says claims made by Gonçalo Amaral are a 'waste of time'

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honestbroker1
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Re: German prisoner identified as suspect

Post by honestbroker1 » Thu Jul 30, 2020 4:47 pm

sal wrote:
Thu Jul 30, 2020 4:20 pm
https://www.braunschweiger-zeitung.de/n ... ssung.html


Maddie suspect requests early release
HANOVER / KIEL. The suspect in the Maddie case once again applies for release from prison. Meanwhile, his lawyer is disparaging about the investigation.

07/30/2020 - 04:40 p.m.
The suspect is currently in Kiel for drug trafficking. Now he has again applied for early release - this time in Kiel. (Archive picture)
The suspect is currently in Kiel for drug trafficking. Now he has again applied for early release - this time in Kiel. (Archive picture)

Photo: Marcel Kusch / dpa

The suspect in the case of the disappeared British Madeleine McCann has again made an application for early release. The Regional Court of Kiel is now responsible for this and no longer the Regional Court of Braunschweig as in the previous application that was withdrawn two days ago, the 43-year-old lawyer, Friedrich Fülscher, told dpa on Thursday. The suspect is currently serving a prison sentence for drug trafficking in Kiel. The liability is scheduled for January 7, 2021 - two thirds of this sentence was served on June 7 of this year.

The new application goes to the judiciary in Kiel, no longer to the one in Braunschweig
The 43-year-old had previously said through his lawyer that he had lost confidence in the Braunschweig judiciary after he believed the local court had wrongly sentenced him to rape a 72-year-old American. After the Federal Court of Justice had declared the Braunschweig district court responsible for the release from prison, the suspect had withdrawn his application. As the lawyer explained, the regional court at the headquarters of the detention center in which the man is sitting is now responsible for the new application, that is Kiel.

If the suspect is released early, the suspect could be released in the Maddie case despite ongoing investigations into him. Basically, imprisonment is still imminent in the rape case. According to the Braunschweig judges, the man raped the 72-year-old in 2005 in Praia da Luz, Portugal, about a year and a half before Maddie's disappearance. However, the 43-year-old had appealed against the judgment pronounced in December 2019.

The suspect's lawyer suspects prosecutors are on the wrong track
Meanwhile, the suspect's lawyer, Friedrich Sebastian Fülscher, spoke to the HAZ

Search of an allotment garden in Hanover

Durchsuchung eines Schrebergartens in Hannover
Polizeibeamte durchsuchen eine Kleingarten-Parzelle. Die Durchsuchung steht im Zusammenhang mit dem Fall "Maddie".
Foto: Peter Steffen/dpa

Search of an allotment garden in Hanover
Police officers search an allotment plot. The search is related to the "Maddie" case.
Photo: Peter Steffen / dpa

Search of an allotment garden in Hanover
Police officers search an allotment plot. The search is related to the "Maddie" case.
Photo: Peter Steffen / dpa

Search of an allotment garden in Hanover
Police officers search an allotment plot. The search is related to the "Maddie" case.
Photo: Peter Steffen / dpa

Search of an allotment garden in Hanover
Police officers search an allotment plot. The search is related to the "Maddie" case.
Photo: Michael Ahlers

Search of an allotment garden in Hanover
Police officers search an allotment plot. The search is related to the "Maddie" case.
Photo: Michael Ahlers

Search of an allotment garden in Hanover
Police officers search an allotment plot. The search is related to the "Maddie" case.
Photo: Peter Steffen / dpa

Durchsuchung eines Schrebergartens in Hannover
Polizeibeamte durchsuchen eine Kleingarten-Parzelle. Die Durchsuchung steht im Zusammenhang mit dem Fall "Maddie".
Foto: Peter Steffen/dpa
Bild 1 von 6
. He described the search as "pure desperation by the public prosecutor." It seemed to him that it was as if the investigators found it difficult to admit to having bet on the wrong horse, Fülscher continued. He speculates that the search should give the impression that the investigation is progressing.

dpa / red
He called the search a "pure act of desperation on the part of the prosecutor's office." It seems to him that it would be difficult for investigators to admit that they had bet on the wrong horse, Fülscher added. He suspects that the search is intended to give the impression that the investigation is continuing.
Good grief!

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Whiterose
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Re: German prisoner identified as suspect

Post by Whiterose » Thu Jul 30, 2020 4:55 pm

"The greater the difficulty, the more glory in surmounting it. Skillful pilots gain their reputation from storms and tempests."

Epictetus

sal
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Re: German prisoner identified as suspect

Post by sal » Thu Jul 30, 2020 5:02 pm

Federal Court of Justice decides jurisdictional dispute

Year of issue2020
Publication date07/23/2020
No. 094/2020

Decision of July 21, 2020 - 2 ARs 181/20

The enforcement chambers of the Braunschweig and Kiel Regional Courts dispute which of them is responsible for a subsequent decision in the suspended probation proceedings and have therefore brought the matter to the Federal Court of Justice for a decision on their dispute over jurisdiction.

On October 6, 2011, the district court in Niebüll sentenced B., who had been convicted many times, to a total prison sentence of one year and nine months for unauthorized trafficking in narcotics and suspended its execution for probation. After revocation of the suspended sentence, the sentence from the judgment of the district court in Niebüll has been suspended since October 10, 2018 - interrupted by the execution of pre-trial detention in other matters from July 23, 2019 to February 11, 2020 - initially in the Wolfenbüttel correctional facility, then in the correctional facility in Kiel. Two thirds of the total prison sentence to be enforced had been served on June 7, 2020; the end of the sentence is recorded on January 7, 2021.

The 2nd Criminal Senate of the Federal Court of Justice as the joint upper court has declared the district court of Braunschweig - Penal Enforcement Chamber - responsible in accordance with § 14 StPO. The latter will have to decide whether the execution of the remaining sentence from the judgment of the district court in Niebüll can be suspended after serving two thirds of the sentence imposed.

Karlsruhe, July 23, 2020

Press office of the Federal Court of Justice
76125 Karlsruhe
Telephone (0721) 159-5013 Fax
(0721) 159-5501


After the decision by the federal court ^^ he can now appeal to Kiel...hmmm
Rogério Alves says claims made by Gonçalo Amaral are a 'waste of time'

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honestbroker1
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Re: German prisoner identified as suspect

Post by honestbroker1 » Thu Jul 30, 2020 6:10 pm

sal wrote:
Thu Jul 30, 2020 5:02 pm
Federal Court of Justice decides jurisdictional dispute

Year of issue2020
Publication date07/23/2020
No. 094/2020

Decision of July 21, 2020 - 2 ARs 181/20

The enforcement chambers of the Braunschweig and Kiel Regional Courts dispute which of them is responsible for a subsequent decision in the suspended probation proceedings and have therefore brought the matter to the Federal Court of Justice for a decision on their dispute over jurisdiction.

On October 6, 2011, the district court in Niebüll sentenced B., who had been convicted many times, to a total prison sentence of one year and nine months for unauthorized trafficking in narcotics and suspended its execution for probation. After revocation of the suspended sentence, the sentence from the judgment of the district court in Niebüll has been suspended since October 10, 2018 - interrupted by the execution of pre-trial detention in other matters from July 23, 2019 to February 11, 2020 - initially in the Wolfenbüttel correctional facility, then in the correctional facility in Kiel. Two thirds of the total prison sentence to be enforced had been served on June 7, 2020; the end of the sentence is recorded on January 7, 2021.

The 2nd Criminal Senate of the Federal Court of Justice as the joint upper court has declared the district court of Braunschweig - Penal Enforcement Chamber - responsible in accordance with § 14 StPO. The latter will have to decide whether the execution of the remaining sentence from the judgment of the district court in Niebüll can be suspended after serving two thirds of the sentence imposed.

Karlsruhe, July 23, 2020

Press office of the Federal Court of Justice
76125 Karlsruhe
Telephone (0721) 159-5013 Fax
(0721) 159-5501


After the decision by the federal court ^^ he can now appeal to Kiel...hmmm
"Appeal to Kiel".

Under other circumstances, that might have quite a pleasant rhyming ring to it ...

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Alibongo
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Re: German prisoner identified as suspect

Post by Alibongo » Thu Jul 30, 2020 7:29 pm

I believe the PJ are re examining another rape case that's possibly linked to Christian B.
Is it possible he could be released then rearrested :s_dunno
Parent-blaming is all-too-common these days, and usually the point is to make other parents feel better about their own parenting skills

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honestbroker1
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Re: German prisoner identified as suspect

Post by honestbroker1 » Thu Jul 30, 2020 7:38 pm

Alibongo wrote:
Thu Jul 30, 2020 7:29 pm
I believe the PJ are re examining another rape case that's possibly linked to Christian B.
Is it possible he could be released then rearrested :s_dunno
It depends how heavily the dice is loaded in favour of the accused.

In assessing these things you have to weigh generic principles against what seems just in the particular circumstances of a given individual who you know enough about to say, with a force of logic applied to that individual, that they deserve far less than 'benefit of the doubt' in judgements made about release or continuation of the person being held in custody.

sal
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Re: German prisoner identified as suspect

Post by sal » Thu Jul 30, 2020 7:39 pm

He's still awaiting the European court of justice to rule on his current rape charge.
Rogério Alves says claims made by Gonçalo Amaral are a 'waste of time'

sal
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Re: German prisoner identified as suspect

Post by sal » Thu Jul 30, 2020 7:42 pm

Alibongo wrote:
Thu Jul 30, 2020 7:29 pm
I believe the PJ are re examining another rape case that's possibly linked to Christian B.
Is it possible he could be released then rearrested :s_dunno

Isn't that case out of the |Portuguese time limit..2004

Sandra Felgueiras checked the Police documents which said evidence had been destroyed due to time limit.Unless they had the perps. DNA profile.?

https://www.independent.ie/irish-news/p ... 88213.html
Rogério Alves says claims made by Gonçalo Amaral are a 'waste of time'

sal
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Re: German prisoner identified as suspect

Post by sal » Thu Jul 30, 2020 7:54 pm

Destruction of the Behan rape evidence..https://www.theolivepress.es/spain-news ... n-to-task/

dna evidence destroyed in 2007 and again in 2014
Rogério Alves says claims made by Gonçalo Amaral are a 'waste of time'

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Alibongo
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Re: German prisoner identified as suspect

Post by Alibongo » Thu Jul 30, 2020 8:22 pm

https://www.google.com/amp/s/www.indepe ... html%3famp

It was reported on sky news yesterday morning that they're reexamining, crazy they destroy dna and evidence after so long. Clearly never heard of cold cases :rolleyes:
Parent-blaming is all-too-common these days, and usually the point is to make other parents feel better about their own parenting skills

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honestbroker1
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Re: German prisoner identified as suspect

Post by honestbroker1 » Thu Jul 30, 2020 8:30 pm

Alibongo wrote:
Thu Jul 30, 2020 8:22 pm
https://www.google.com/amp/s/www.indepe ... html%3famp

It was reported on sky news yesterday morning that they're reexamining, crazy they destroy dna and evidence after so long. Clearly never heard of cold cases :rolleyes:
There again, the balance to be struck.

There are human-rights issues around retaining dna, AND human rights issues (mainly the human rights of those, or their loved-ones, victims of criminal acts) around destroying it.

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honestbroker1
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Re: German prisoner identified as suspect

Post by honestbroker1 » Fri Jul 31, 2020 1:11 am

https://inews.co.uk/news/world/madelein ... ver-567517
German police investigating the disappearance of Madeleine McCann ended their search on Thursday of an allotment linked to the main suspect in her disappearance but declined to say what had been found on the garden plot which included a cellar.

Officers spent three days combing the patch of ground close to Hanover in northern Germany which had been occupied by Christian Brueckner, a convicted s-e-x offender, during the months that followed Madeleine’s disappearance in Portugal in May 2007.

Investigators, who announced in June that Brueckner is suspected of abducting the three-year-old from her parents’ holiday apartment in the resort Praia da Luz, used a sniffer dog and equipment including ground penetrating radar in their search of the rented vegetable patch.

But while the German authorities have confirmed the allotment search was in connection with their investigation into Madeleine’s abduction, they did not say what evidence they were hoping to find.

Brueckner, 43, who is currently serving a jail term for drug smuggling and has two previous convictions for sexual contact with young girls, is believed to have lived on the secluded site in the summer of 2007 following Madeleine’s disappearance in May of that year.

Mechanical diggers
Search officers could be seen carrying rubble and assorted rubbish from the allotment as screens were erected while two small mechanical diggers were used to excavate the plot.

The office of the public prosecutor in Braunschweig, close to Hanover, has not released any updates on the nature or significance of anything found at the vegetable garden, where other plot holders have recalled seeing the distinctive Volkswagen camper van being used by Brueckner in Praia da Luz at the time of Madeleine’s abduction.

Earlier this summer, police searched an abandoned factory where Brueckner is believed to have also lived for a period and recovered thousands of images on video tapes and USB sticks buried among rubbish at the site. The material included images of child sexual abuse.

Second allotment
Hans Christian Wolter, the state prosecutor leading the investigation, has made repeated assertions that Brueckner was involved in Madeleine’s disappearance but has not so far laid out details of the German case. He has also said that he believes the toddler is dead but declined to reveal what evidence exists to back that assertion.

German newspaper, Bild, reported on Thursday that a second allotment in Braunschweig had been identified as having been used by Brueckner. It was not clear whether the site, used by the suspect between 2013 and 2016, will be the subject of a further search.

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Re: German prisoner identified as suspect

Post by sal » Fri Jul 31, 2020 11:32 am

Rogério Alves says claims made by Gonçalo Amaral are a 'waste of time'

Pedro
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Re: German prisoner identified as suspect

Post by Pedro » Fri Jul 31, 2020 11:42 am

I agree with that comment only about Madeleine, when there is no evidence of him being involved, despite of his presence in Praia da Luz:

“ It appears the police and press want him to be guilty for this.”

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honestbroker1
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Re: German prisoner identified as suspect

Post by honestbroker1 » Fri Jul 31, 2020 3:47 pm

There is the elephant in the room. If these digs turned up anything significant, they wouldn't necessarily announce it publicly. In fact, very properly not. The first who should hear of anything significant are Kate and Gerry.

Don't know.

This paragraph from an earlier link:
The office of the public prosecutor in Braunschweig, close to Hanover, has not released any updates on the nature or significance of anything found at the vegetable garden, where other plot holders have recalled seeing the distinctive Volkswagen camper van being used by Brueckner in Praia da Luz at the time of Madeleine’s abduction.
They are playing their cards close to their chest, and rightly so.

And this, from another article.
But while the German authorities have confirmed the allotment search was in connection with their investigation into Madeleine’s abduction, they did not say what evidence they were hoping to find.
Last edited by honestbroker1 on Fri Jul 31, 2020 4:27 pm, edited 1 time in total.

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honestbroker1
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Re: German prisoner identified as suspect

Post by honestbroker1 » Fri Jul 31, 2020 4:13 pm

Not sure if this link has already been posted, but it seems Brueckner's application for release will be ruled on on 6 August

https://www.dailymail.co.uk/news/articl ... -rape.html
Lawyers for the German government argued that Brueckner had forfeited his 'protection' against prosecution by flouting the rules and leaving the country.

Felix Halabi told the court: 'He flouted the rules.

'Despite the requirement to stay in the national territory Germany he did not stay, he left for Italy.

'In the case we are looking at the suspect made the most of open European borders.

'And now he wants us to read the law in such a way that it is turned on its head and provides him with an advantage in court.

'But in our view this cannot be the correct interpretation.'

He added: 'Freedom of movement is a great benefit to people all over Europe.

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Alibongo
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Re: German prisoner identified as suspect

Post by Alibongo » Fri Jul 31, 2020 5:24 pm

Pedro wrote:
Fri Jul 31, 2020 11:42 am
I agree with that comment only about Madeleine, when there is no evidence of him being involved, despite of his presence in Praia da Luz:

“ It appears the police and press want him to be guilty for this.”
Pedro there is plenty of evidence that he is involved in Madeleine's disappearance I don't think the German police would invest all this time and energy on a whim.
Parent-blaming is all-too-common these days, and usually the point is to make other parents feel better about their own parenting skills

sal
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Re: German prisoner identified as suspect

Post by sal » Fri Jul 31, 2020 5:55 pm

Appeal pending... request for preliminary ruling...

https://eur-lex.europa.eu/LexUriServ/Le ... 95:EN:HTML
Rogério Alves says claims made by Gonçalo Amaral are a 'waste of time'

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Re: German prisoner identified as suspect

Post by Pedro » Fri Jul 31, 2020 6:27 pm

Alibongo, with all do respect, I agree with honestbroker: “There is the elephant in the room. If these digs turned up anything significant, they wouldn't necessarily announce it publicly. In fact, very properly not. The first who should hear of anything significant are Kate and Gerry.”

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Re: German prisoner identified as suspect

Post by Pedro » Fri Jul 31, 2020 6:44 pm

the German police with their behavior, made this subject a joke, a circus, and the proof of that was the presence of the press in the place, the German police wanted fame, because it is a case known worldwide, because if it were not, the police German wouldn't even care about it, shame on you German police.

this is not a case to have fun, this is a serious issue.

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honestbroker1
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Re: German prisoner identified as suspect

Post by honestbroker1 » Fri Jul 31, 2020 8:09 pm

sal wrote:
Fri Jul 31, 2020 5:55 pm
Appeal pending... request for preliminary ruling...

https://eur-lex.europa.eu/LexUriServ/Le ... 95:EN:HTML
That was lodged 8 May.

This suggests he has abandoned his bid?

https://www.dailymail.co.uk/news/articl ... tment.html
The drugs conviction is due to keep him behind bars until shortly before the end of January next year and, after that, a seven year jail term for the rape of the elderly American widow on the Portugese Algarve is due to kick in.
Last edited by honestbroker1 on Fri Jul 31, 2020 8:34 pm, edited 1 time in total.

sal
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Re: German prisoner identified as suspect

Post by sal » Fri Jul 31, 2020 8:11 pm

No the rape appeal preliminary ruling will be on 6th August.

The appeal for early release from the drug offence will be lodged at the Kiel court.
Rogério Alves says claims made by Gonçalo Amaral are a 'waste of time'

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honestbroker1
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Re: German prisoner identified as suspect

Post by honestbroker1 » Fri Jul 31, 2020 8:31 pm

sal wrote:
Fri Jul 31, 2020 8:11 pm
No the rape appeal preliminary ruling will be on 6th August.

The appeal for early release from the drug offence will be lodged at the Kiel court.
He isn't serving time for the rape crime yet. That kicks in January next year.

So he should be behind bars at least until then.

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