- Suspect saying nothing, according to the Times/Mirror. He would have to be charged with something.
https://www.mirror.co.uk/news/uk-news/madeleine-mccann-suspect-will-refuse-22192488'According to the newspaper, Brueckner's lawyer Friedrich Fulscher said: "Mr B is remaining silent on the allegation at this time on the advice of his defence counsel. This is quite common in criminal proceedings.
"It is the duty of the state to prove that a suspect committed a crime. No accused person has to prove his innocence to the investigating authorities."
According to German law an indictment/charge needs 4 things;
“a) the identity of the accused;
b) the facts of the offence with which he is charged,
c) the time and place of its commission;
d) the legal elements of the offence and the applicable provisions.”
Excerpt From: Bohlander, Michael. “Principles of German Criminal Procedure.”
It seems a very long shot to be able to establish such facts from a witness appeal, they already have some testimony of an alleged confession but that could easily be dismissed. Unless he had an accomplice or someone that saw what he allegedly did in 5a, how could they prove it to a reasonable standard for a charge?. Then that all has to fit into the short time window of that night IMO.