The boxes ticked by prime suspect Brueckner

[Eleanor]

This is one reason why they haven’t yet gone to court and were hoping to get more evidence to make it a certainty rather than an almost certainty.

All Brueckner has to do is to refuse to cooperate.  And then he will be found guilty.

[jassi]

I think there's just the little matter of proof required in there somewhere

[G-Unit]

All Brueckner has to do is to refuse to cooperate.  And then he will be found guilty.

That's a strange justice system.

[Eleanor]

I think there's just the little matter of proof required in there somewhere

Yep.  Proof of where he was that night.

[jassi]

Yep.  Proof of where he was that night.

Yup, but that's for the prosecutors to prove, not him

[Eleanor]

That's a strange justice system.

Brueckner will likely eventually have to answer questions.  He does have a right to defend himself, even in Germany.

If he refuses to do so then there is only one conclusion.  And not only In My Opinion.

[Eleanor]

Yup, but that's for the prosecutors to prove, not him

His phone was in Luz.  They can prove that.

[Icanhandlethetruth]

Brueckner will likely eventually have to answer questions.  He does have a right to defend himself, even in Germany.

If he refuses to do so then there is only one conclusion.  And not only In My Opinion.

The right to not self incriminate is established in German law.
No inference can be reached by a suspects refusal to testify and they have the absolute right to remain silent.

Self Incrimination
When authorities question a suspect, they must make it clear that any statement may be used against him or her. A suspect can’t be compelled to testify against himself or herself, and has the absolute right, without undue influence, to remain silent.

https://www.howtogermany.com/pages/legal.html

[jassi]

His phone was in Luz.  They can prove that.

Can they ?  Saying it doesn't make it so.

[Icanhandlethetruth]

His phone was in Luz.  They can prove that.

This is from the BKA's own English translation regarding the phone

"In addition, he almost certainly used the Portuguese mobile phone number + 351 912 730 680 in
the time period in question"

They use the words he almost certainly used the mobile number....

Almost certainly is not definitive. It doesn't sound like proof to me.

[Vertigo Swirl]

This is from the BKA's own English translation regarding the phone

"In addition, he almost certainly used the Portuguese mobile phone number + 351 912 730 680 in
the time period in question"

They use the words he almost certainly used the mobile number....

Almost certainly is not definitive. It doesn't sound like proof to me.

His phone was in Luz as Eleanor said.  End of.

[Eleanor]

The right to not self incriminate is established in German law.
No inference can be reached by a suspects refusal to testify and they have the absolute right to remain silent.

Self Incrimination
When authorities question a suspect, they must make it clear that any statement may be used against him or her. A suspect can’t be compelled to testify against himself or herself, and has the absolute right, without undue influence, to remain silent.

https://www.howtogermany.com/pages/legal.html

What a good idea.  But Judges and Juries do have the right to form their own conclusions from other evidence.  And rest assured that there is other evidence.

[jassi]

This is from the BKA's own English translation regarding the phone

"In addition, he almost certainly used the Portuguese mobile phone number + 351 912 730 680 in
the time period in question"

They use the words he almost certainly used the mobile number....

Almost certainly is not definitive. It doesn't sound like proof to me.

They'll need to persuade the judges of that for it to be accepted as proof.

[Eleanor]

This is from the BKA's own English translation regarding the phone

"In addition, he almost certainly used the Portuguese mobile phone number + 351 912 730 680 in
the time period in question"

They use the words he almost certainly used the mobile number....

Almost certainly is not definitive. It doesn't sound like proof to me.

A call was made to that phone, which was answered and for half an hour.  Not quite the same thing.

[jassi]

What a good idea.  But Judges and Juries do have the right to form their own conclusions from other evidence.  And rest assured that there is other evidence.

There probably is, but will it stand up to scrutiny ?
That of course all remains to be seen.