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The prosecution is seeking to move a potential retrial involving the suspect in the Madeleine McCann case from the regional court in Braunschweig to the court in Göttingen. This request comes after the individual, a 48-year-old German national, was previously acquitted of several serious sexual offenses. Prosecutors are not only appealing the acquittal, but also requesting that any new proceedings be held at a different location to ensure impartiality.
The initial trial concluded in October 2024 with the Braunschweig court ruling that there was insufficient evidence to convict the accused of five alleged crimes in Portugal, which included charges of rape and sexual abuse of children. Following the acquittal, the prosecution filed for a revision of the verdict, prompting the Federal Court of Justice to review the case for possible legal errors. The defense maintains that the acquittal was justified based on the available evidence.
Prosecutors argue that conducting any renewed proceedings at the Göttingen court, which has had no prior involvement with the case, would help maintain neutrality and avoid potential bias stemming from earlier proceedings in Braunschweig. The Federal Court of Justice has yet to decide whether the acquittal will be overturned or upheld, and therefore, the location and timing of any retrial remain uncertain.
The initial prosecution had sought a prison sentence of 15 years along with subsequent preventive detention, citing the gravity of the alleged offenses, which included three cases of rape and two of sexual abuse of minors. The accused has already served a previous sentence following a 2019 conviction for aggravated rape in Portugal. He was released from custody about a month ago and is currently subject to multiple restrictions, including the use of an electronic ankle monitor and mandatory regular check-ins with a probation officer. Any changes in residence or location must be reported to and approved by the court.
The suspect has been under international scrutiny due to his alleged involvement in the disappearance of Madeleine McCann, a British child who vanished in May 2007 while on holiday in Portugal. German authorities have identified him as a suspect in the McCann case, but no formal charges have been brought in connection to that investigation. Legal principles of presumption of innocence continue to apply, as there are no indictments in the Madeleine McCann matter.
The case remains of significant public interest due to its international profile and the ongoing legal proceedings. The outcome of the Federal Court of Justice's review will determine the future course of the case, including whether a new trial will take place and at which court it will be held.
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