New German suspect in Madeleine McCann mystery disappearance.

[barrier]

The fact that Bruckner's arguido status hasn't been dropped and that the Met appear to be keen to have him extradited is evidence that a trial may still be on the cards at some point.  the possibility cannot be discounted at this stage.  It will be interested to see how the appeal goes against the not guilty verdict in the rape/child abuse case.  Perhaps we can agree that the overturning of that verdict and a re-trial would be a good thing for justice for Hazel Behan and for those children blighted by Bruckner's unhealthy interests?

Only if CB is guilty.

[Vertigo Swirl]

Only if CB is guilty.

Well he is definitely guilty of being a paedo and of getting his todger out in a children?s playground in front of children at the very least, but for some reason the judge didn?t see it that way.  Strange judge.

[Vertigo Swirl]

Here?s a thought (prepared to be shot down in flames for it): perhaps the reason the Germans haven?t taken CB to court has something to do with the way some of the evidence was gathered (ie: against German law) but maybe that same evidence would be admissible in an English court hence why the Met want him extradited??

[Vertigo Swirl]

So I looked it up -

In an English criminal court, there is no automatic "fruit of the poisonous tree" doctrine. If foreign or domestic authorities searched a property without a warrant, the evidence is still prima facie (on the face of it) admissible if it is relevant to the crime.
? The Test for Fairness: Under Section 78 of the Police and Criminal Evidence Act 1984 (PACE), the defense must convince the judge that admitting the warrantless evidence would have such an adverse effect on the fairness of the proceedings that the court must exclude it.
? The Balancing Act: A UK judge will rarely exclude highly reliable physical evidence (like weapons, drugs, or stolen goods) just because a procedural rule or warrant requirement was breached. The court will balance the seriousness of the procedural breach against the gravity of the crime.
? The Comparison to Germany: German criminal procedure strictly protects the home under Article 13 of the Basic Law (Grundgesetz). If German authorities conduct a search without a judicial warrant (and without an immediate emergency or Gefahr im Verzug), German courts frequently issue a preservation/exclusionary ban (Beweisverwertungsverbot). An English court is not bound by this German constitutional exclusion and will apply the broader PACE fairness test instead.

[faithlilly]

The fact that Bruckner's arguido status hasn't been dropped and that the Met appear to be keen to have him extradited is evidence that a trial may still be on the cards at some point.  the possibility cannot be discounted at this stage.  It will be interested to see how the appeal goes against the not guilty verdict in the rape/child abuse case.  Perhaps we can agree that the overturning of that verdict and a re-trial would be a good thing for justice for Hazel Behan and for those children blighted by Bruckner's unhealthy interests?

Of course, that goes without saying. Bruckner is abhorrent and his crimes should be punished. I just haven?t seen any evidence that he abducted Madeleine.

[Vertigo Swirl]

Of course, that goes without saying. Bruckner is abhorrent and his crimes should be punished. I just haven?t seen any evidence that he abducted Madeleine.

Well that?s your problem I guess.

[faithlilly]

Well that?s your problem I guess.

It?s really not a problem for me.

[Vertigo Swirl]

It?s really not a problem for me.

I think it is because your blinkers mean you are unable or unwilling to see or understand the reasons why CB is the only suspect in a case which you have been following for nearly 20 years. 

[faithlilly]

I think it is because your blinkers mean you are unable or unwilling to see or understand the reasons why CB is the only suspect in a case which you have been following for nearly 20 years.

Well that?s your problem I guess

[Vertigo Swirl]

Well that?s your problem I guess

You clearly have nothing new to say about this case anymore and have stepped in to troll me while Spam is taking a break.

[faithlilly]

You clearly have nothing new to say about this case anymore and have stepped in to troll me while Spam is taking a break.

Then ignore me.

[Vertigo Swirl]

Apparently according to Burnt Salamander?s book he had a meeting with Bruckner?s solicitor Fulscher who told him that he had learnt through a close source to the German prosecutor that photos of Madeleine dead had been found on memory sticks at Bruckner?s hovel.  Obviously Salamander was somewhat put out about this and chose to disbelieve it but what if it is true?  It would explain why the Germans are convinced she is dead but can ot bring a prosecution- for 2 reasons: 1) the apparently illegal way the evidence was uncovered and 2) does possessing a photo of a dead child actually prove you were the one that killed her or is it still not enough evidence for a successful prosecution? 

If photos of a dead Madeleine had been found on Gerry?s phone it would have been a slam dunk case against him wouldn?t it, but would McCann sceptics still argue that Bruckner had nothing to do with Madeleine?s disappearance if it was revealed that such photos had been discovered among Bruckner?s possessions? 

[Joe Blogs]

Apparently according to Burnt Salamander?s book he had a meeting with Bruckner?s solicitor Fulscher who told him that he had learnt through a close source to the German prosecutor that photos of Madeleine dead had been found on memory sticks at Bruckner?s hovel.  Obviously Salamander was somewhat put out about this and chose to disbelieve it but what if it is true?  It would explain why the Germans are convinced she is dead but can ot bring a prosecution- for 2 reasons: 1) the apparently illegal way the evidence was uncovered and 2) does possessing a photo of a dead child actually prove you were the one that killed her or is it still not enough evidence for a successful prosecution? 

If photos of a dead Madeleine had been found on Gerry?s phone it would have been a slam dunk case against him wouldn?t it, but would McCann sceptics still argue that Bruckner had nothing to do with Madeleine?s disappearance if it was revealed that such photos had been discovered among Bruckner?s possessions?

Interesting, Vertigo, but wouldn't the McCanns have a right to know about the existence of such photos?

[Vertigo Swirl]

Interesting, Vertigo, but wouldn't the McCanns have a right to know about the existence of such photos?

I?m really not sure.  Morally maybe, but legally?  I don?t know.

[Vertigo Swirl]

Joe, I asked Chat GPT the question and this is what it said:

Not necessarily. German prosecutors would not automatically be obliged to show or hand the McCanns photographs simply because they allegedly possessed them.

Under German criminal procedure, the position is more nuanced:

* The prosecution has a duty to investigate both incriminating and exculpatory circumstances.
* A victim/injured party has rights to receive certain information about the status and outcome of proceedings under ?406d StPO, but that does not amount to an automatic right to be told about every item of evidence during an ongoing investigation.
* Victims can, under certain conditions, obtain access to case files/evidence through ?406e, generally via a lawyer, but access can be restricted where it would prejudice the investigation or other protected interests.
* More generally, German procedure permits withholding information where disclosure could jeopardise the purpose of an investigation.

So, regarding the alleged photographs

If prosecutors really possessed photographs depicting Madeleine dead, I would not regard the fact that the McCanns hadn?t been shown them as evidence that the photographs didn?t exist.

They could potentially have been kept confidential because:

1. The investigation was ongoing.
2. The images might constitute extremely sensitive evidence.
3. Revealing them could compromise investigative strategies or witnesses.
4. There could be privacy/victim-protection considerations.
5. Prosecutors might not yet have established their authenticity or provenance.