This really does resemble a looking walking quacking duck.
No it does not. For one thing, this specimen appears to be mammalian while ducks are a form of bird.
This really does resemble a looking walking quacking duck.
MADELEINE McCann suspect Christian WAS illegally extradited for his rape case - putting his conviction at risk, a court in Luxembourg has ruled.
The European warrant for the German, who was found guilty of raping a 72-year-old woman, was illegal according to an EU court adviser, reports news agency Reuters.
I noted that The Machine on TJMK always regarded the arrest of the true killers, her parents, imminent.Breaking https://www.thesun.co.uk/news/12315...ional-arrest-warrant-rape-conviction-illegal/: Christian Brueckner's extradition from Italy to face the rape charge against the 72-year-old US woman is deemed illegal by the European Court of Justice:
Implication? Either Germany just get a slap on the wrist fine or CB walks free when his current sentence is up unless the polic can charge him with something else.
I noted that The Machine on TJMK always regarded the arrest of the true killers, her parents, imminent.
Maybe he was right after all.
Breaking https://www.thesun.co.uk/news/12315...ional-arrest-warrant-rape-conviction-illegal/: Christian Brueckner's extradition from Italy to face the rape charge against the 72-year-old US woman is deemed illegal by the European Court of Justice:
Implication? Either Germany just get a slap on the wrist fine or CB walks free when his current sentence is up unless the polic can charge him with something else.
No. This is actually the opposite of what's happened. Firstly, what's been issued today is an advisory rather than a binding judgement. And secondly, the advisory is in fact that Brückner will lose his appeal to the ECJ in respect of his rape conviction. So far from being good news for Brückner, it's the very opposite.
I am afraid it is the media who have got the wrong end of the stick. Today was the expected opinion of the advisors to the ECJ who did advise the lack of a European Arrest Warrant broke EU law (it couldn't advise any differently as it is there to see EU laws are adhered to). The idea in the media that the ECJ was asked to quash CB's rape conviction of a 72-year-old US rape victim is totally misconceived as the ECJ (rather like the ECHR) does not have the jurisdiction to quash any criminal conviction. Only a criminal court of appeal in CB's home district has that jurisdiction. So the German press suddenly going coy and upholding their own privacy laws in not naming him are being less than honest in their claim 'CB has suffered a set back'. In fact, CB's lawyer won the point of appeal that Germany erred in not issuing a European Arrest Warrant for the rape as required by EU law.
I expect CB's lawyer will now move to appeal to the criminal law appeal courts.
The ECJ upholds the advisors' 'opinion' in four case out of five. So all it can do is confirm Germany broke the law when it failed to issue a proper EAW and perhaps advise that this doesn't necessarily annul the conviction.
(But the irony of relying on a report in the Murdoch press - The Sun - is highly amusingly noted)
Well of course, the Murdoch Press is desperate for Brueckner to be Madeleine McCann's abductor and killer so it has only reported the prosecutor's side of the story. The ECJ hearing hinged on whether Germany broke EU law by not issuing a proper European Warrant of Arrest regarding the rape case. The ECJ advised that in its opinion it did break the law.
Presenting the prosecutor's case - as all such opinion do (present the arguments from both sides) - it said this would not likely mean the rape conviction was unsafe.
The ECJ has never had the jurisdiction or power to quash a sentence. The GErman prosecution has relied heavily on PR campaigns in the mass media claiming CB is suspected of numerous unsolved murders of children and dug up an old allotment the week before the ECJ opinion claiming it had 'discovered a sealed cellar;, when it knew the cellar was there all along and could ahve dug it up years ago. They investigated Brueckner way back in 2013.
Reading the GUARDIAN is always a joy for their reporter clearly believes CB is a mass murderer and that his bid for freedom was stopped today <fx sigh of relief from GUARDIAN readers>.
However, the point of law the appeal to ECJ was based on was that Germany failed to follow the law in issuing a EWA, and in that respect CB won his case at least at the interim stage, as it still has to be rubber-stamped. It never was the case that he would be 'freed today' as the fake news are now trying to make out.
I'm afraid this demonstrates an ongoing lack of understanding, especially given that the correct* position has now been detailed here twice....
* which is that 1) Brückner appealed through the German courts, and based his appeal on the argument that under the EAW which brought him back to Germany, he couldn't have been prosecuted on the rape charge (which wasn't listed on the EAW); 2) the German courts needed to ask the ECJ for its adjudication on whether or not the EAW for Brückner allowed Germany to prosecute him for the rape; 3) today the ECJ issued an advisory opinion that Germany was allowed to have prosecuted Brückner on the rape charge, given the nature of the EAW and other considerations.
ETA: and I'm afraid it was YOU who chose to use the Murdoch press (in the form of The Sun) as your (incorrect) source. Do you think the Murdoch press is generally a reliable source? Perhaps you'll be using Fox News as a source soon as well.....?
ETA2: You seem to be under the impression that media outlets can (and do) manipulate facts and invent false "facts" in order to support a predermined position. Is that what you think? In any case, the report in the Guardian represents the facts correctly, as did that BBC article I linked to earlier. I suggest that you read one or both of them.
https://www.theguardian.com/world/2...ises-madeleine-suspect-was-lawfully-tried-for
‘While the manner in which the arrest of a person the subject of an EAW is not specified in the Framework Decision, once arrested, he or she has the right to be informed of the warrant, its contents, and the person’s right to consent to his or her surrender to the member state that issued the warrant. The Framework Decision also provides that the requested person have the right to the assistance of legal counsel and to an interpreter “in accordance with the national law of the executing Member State”.
At the other extreme, the EAW has failed in some cases. The Irish Supreme Court refused to extradite an Irish citizen to Hungary who was alleged to have killed two children through negligent driving. While the Irish Court never questioned the facts of the case or the fairness or outcome of the Hungarian trial, it decided that the person did not technically “flee” from Hungary, only “failed to return”, having left the country with the consent of the Hungarian authorities; therefore, the legal requirements for extradition under an EAW had not been established.” [ibid]
ETA2: You seem to be under the impression that media outlets can (and do) manipulate facts and invent false "facts" in order to support a predermined position. Is that what you think? In any case, the report in the Guardian represents the facts correctly, as did that BBC article I linked to earlier. I suggest that you read one or both of them.
https://www.theguardian.com/world/2...ises-madeleine-suspect-was-lawfully-tried-for
That'd probably because, unlike you, The Guardian is a reliable source of information.The GUARDIAN unfortunately fails to even mention that Brueckner won his appeal that the Gerrman authorities broke EU law
That'd probably because, unlike you, The Guardian is a reliable source of information.
Brueckner was extradited from Portugal (for sexually abusing a minor) in JUN2017. He then travelled to the Netherlands and Italy whilst still on probation after his release.
He was extradited to Germany from Italy in OCT2018 on warrant (for drug trafficking) before being tried and convicted of rape and extortion in DEC2019.
Brueckner’s challenge centred on whether the German authorities needed Portugal’s consent to bring rape proceedings because of the 2017 extradition. (Italy had agreed Brueckner could be tried for rape in Germany)
The (preliminary) opinion by Advocate General (which does not bind the ECJ) declared that the consent of only the Italian authorities was needed for the Germans to carry out their proceedings legally.
The final decision of the ECJ will be given in the future.
The GUARDIAN unfortunately fails to even mention that Brueckner won his appeal that the Gerrman authorities broke EU law when it failed to issue a European Warrant of Arrest.
Actually they did issue a EAW to Italy for his extradition on suspicion of drug crimes and the Italians subsequently consented to his prosecution for rape. There was no reason to file another EAW.
Don't believe you are manipulated by the mass media? Compare and contrast the two following headlines.
Attached is the original one and then click to see that it was quickly amended to fit in with the manufactured theme that 'CB is the Maddie kidnapper/killer so who cares'.
BTW any headline with 'could' in it can be safely disregarded as non-news and mere conjecture.
Wrong! EU states are obliged by law to particularise via a European Warrant for Arrest. Look it up on wiki.
Simply claiming the suspect concerned is a mass murderer, doesn't make it OK to ignore EU law.