German court rules prosecutor no jurisdiction in Madeleine McCann case.

[Anthro]

Bad news just in.

A court in the German city of Braunschweig has thrown out rape and sexual offence charges against Christian Brueckner, who has been formally identified as an official suspect in the Madeleine McCann case, his lawyer said on Thursday.

The court's decision means that legal authorities in Braunschweig have no jurisdiction over the case of "Maddie", a British girl who disappeared in Portugal in 2007 at the age of 3.

https://www.reuters.com/world/europe/german-court-drops-trial-suspect-madeleine-mccann-case-bild-2023-04-20/

[Brietta]

Bad news just in.
https://www.reuters.com/world/europe/german-court-drops-trial-suspect-madeleine-mccann-case-bild-2023-04-20/

Thanks Anthro.
Certainly explains the delay.

Snip
The possible trial of Brueckner collapsed because the court deemed itself not to have jurisdiction over the case and lifted the arrest warrant against him.
https://www.reuters.com/world/europe/german-court-drops-trial-suspect-madeleine-mccann-case-bild-2023-04-20/

Excellent move for the time being by Brueckner's legal team regarding jurisdiction. I said they were good.  I think that will be a forewarning for prosecutors regarding Madeleine's case and why the Portuguese Statute of Limitations is no longer in force.

Very disappointing none the less.

[barrier]

The mail have this to say.

EXCLUSIVE: Madeleine McCann investigation bombshell as court rules German prosecutors have NO jurisdiction to pursue a case against suspect Christian Brueckner

https://www.dailymail.co.uk/news/article-11994681/Madeleine-McCann-German-prosecutors-NO-jurisdiction-against-suspect-Christian-Brueckner.html

[jassi]

Bad news just in.
https://www.reuters.com/world/europe/german-court-drops-trial-suspect-madeleine-mccann-case-bild-2023-04-20/

Why is it bad news ?

[G-Unit]

Thanks Anthro.
Certainly explains the delay.

Snip
The possible trial of Brueckner collapsed because the court deemed itself not to have jurisdiction over the case and lifted the arrest warrant against him.
https://www.reuters.com/world/europe/german-court-drops-trial-suspect-madeleine-mccann-case-bild-2023-04-20/

Excellent move for the time being by Brueckner's legal team regarding jurisdiction. I said they were good.  I think that will be a forewarning for prosecutors regarding Madeleine's case and why the Portuguese Statute of Limitations is no longer in force.

Very disappointing none the less.

I've no doubt Braunschweig prosecutors will appeal if they can, if only because it may impact upon their right to have prosecuted the first rape case.

[jassi]

I've no doubt Braunschweig prosecutors will appeal if they can, if only because it may impact upon their right to have prosecuted the first rape case.

I hadn't thought of that. Could such a ruling be applied retrospectively ?

[G-Unit]

I hadn't thought of that. Could such a ruling be applied retrospectively ?

I would have thought it would have to be looked at. I don't think CB had a talented lawyer before, but it looks like he has now.

[barrier]

Not forgetting there are victims here who it seems mighten see justice.

[Brietta]

I've no doubt Braunschweig prosecutors will appeal if they can, if only because it may impact upon their right to have prosecuted the first rape case.

I think it highly likely that an appeal will be made.  I don't think there is any question of it impinging on his rape conviction.

If memory serves me well the question of jurisdiction was raised after his extradition from Italy and it was decided then that Germany had the right to prosecute.  Maybe he couldn't afford to pay for such a high powered legal team before his present notoriety became apparent.

[Venturi Swirl]

Why is it bad news ?

because not everybody is happy to see rapists get off on a legal technicality.

[Mr Gray]

because not everybody is happy to see rapists get off on a legal technicality.

If there is a case against him...then this is just a delaying tactic. We might get to see more of the evidence

[Wonderfulspam]

If there is a case against him...then this is just a delaying tactic. We might get to see more of the evidence

Hope so. I would like to see the video evidence.

[jassi]

I think it highly likely that an appeal will be made.  I don't think there is any question of it impinging on his rape conviction.

If memory serves me well the question of jurisdiction was raised after his extradition from Italy and it was decided then that Germany had the right to prosecute.  Maybe he couldn't afford to pay for such a high powered legal team before his present notoriety became apparent.

Presumably Wolters is an employee of the Regional  Court, so which authority would he be appealing to?

Would he be appealing as an individual ?

[Brietta]

Presumably Wolters is an employee of the Regional  Court, so which authority would he be appealing to?

Would he be appealing as an individual ?

You seem to have missed Gunit raising the subject by saying, " I've no doubt Braunschweig prosecutors will appeal if they can,"

I have agreed I think they will if possible but I have no more inner knowledge than she or thee.  But have no fear I'm thinking all is not lost as I'm sure the Germans will be in possession of the knowledge of how to go about it.

I'm flattered you seem to think I'm the font of all knowledge, though.

[G-Unit]

I think it highly likely that an appeal will be made.  I don't think there is any question of it impinging on his rape conviction.

If memory serves me well the question of jurisdiction was raised after his extradition from Italy and it was decided then that Germany had the right to prosecute.  Maybe he couldn't afford to pay for such a high powered legal team before his present notoriety became apparent.

It was ruled that Germany had the right to extradict him, but the question of whether Braunschweig had the jurisdiction to prosecute him wasn't addressed afaik.