Madeleine McCann General Discussion Thread No. 23

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  • #141
Thanks for the link Barnaby.

"Police should lift their arguido (suspect) status and should pass their information over to our investigators who continue to work on the case.

"We still need to find Madeleine."

Because we still need to find Madeleine they should remain arguido
 
  • #142
Interesting that April chose not to answer that question.:waitasec:
Not me BUT remember is not their money they are using so they don't care.:rolleyes:

SleuthMom I didn’t answer the question because she asked if I was referring to the PI, even though my post was clearly about the PJ….As IW well new!!

I have also said before that I have no idea why the PI said what he did. The McCanns were also upset by the comments and I believe this was made very clear to the agency.
Apart from these comments I have no idea as to the professionalism or competency of this agency.

And I still stand by what I said regarding the PJ.
 
  • #143
Thanks for the link Barnaby.

"Police should lift their arguido (suspect) status and should pass their information over to our investigators who continue to work on the case.

"We still need to find Madeleine."

Because we still need to find Madeleine they should remain arguido


Indeed Rino & as IW so aptly reminded us:

Brian Kennedy and the fund shell out major bucks each month voluntarily for the M3 who told us back in December, "We know who has her, where she is at and she'll be home in time for Christmas". Is that the competent professional investigation you are talking about? It was a blatant lie.
 
  • #144
From: http://www.the3arguidos.net/viewtopic.php?f=1&t=7970 (credit and thanks to StinkySardine)

21 steps to trial and secrecy of justice

1 Police has knowledge of "occurrence". Decides if it likely to be a crime

2 After Max 10 days, if it is likely to be crime, has to report to the Prosecutor Services (Ministario Publico)

3 The INQUIRY PHASE begins. The Ministario Publico (MP) starts the investigation. A prosecutor heads the investigation, with the help of the police. Under certains circumstances, this phase can be under secrecy of justice (new code. Previously it was, by default under secrecy of justice).

4 Some powers can be delegated by the Ministario Publico to the police (PJ)

5 All is overseen by an INSTRUCTION JUDGE which has to approve certain measures like preventive arrest, etc.

6 Art. 58 determines when and how the arguido status is given at this phase. Why is that? Because Art. 57 defines the arguido as the person against whom charges are layed or against whom instruction is required (ie, the general legal rule is that the arguido is only arguido when charged with the exceptions of art. 58 which are many, actually). The arguido remains an arguido until the end of the whole process.

7 When the inquiry phase ends, the Ministario Publico will have to decide whether or not to lay charges. Art. 279 regulates in which cases the inquiry can be re-opened if the MP decides not to lay charges.

8 If the MP decides to lay charges (if enough INDICATIONS have been collected), then:

9 The INSTRUCTION PHASE begins. This phase is OPTIONAL. The arguido has to request it. If not, it goes directly to trial.

10 The instruction phase is LED by the instruction judge (vs. overseen as in the inquiry phase).

11 The instruction phase is made of all instructory acts that the judge decides are necessary and including, ALWAYS, an INSTRUCTORY DEBATE which is an oral and adversarial instructory act, performed with all parties present, presided by the judge.

12 Both the MP and the arguido can assist to ALL instructory acts. They can also request any explanations or ask to the judge to ask any questions they find necessary to discover the truth, including calling witnesses or requiring further diligences. The judge can delegate some of this diligences in the PJ. Remember that even those performed by the PJ can be assisted by the arguido

13 The judge can deny requests that are obviously not necessary to discover the truth and/or have as purpose the delay of the process.

14 All acts and diligences performed in the inquiry phase NEED NOT be repeated as long as they followed the correct legal form or when such repetition is crucial to the purposes of the instruction phase

15 No CHARACTER WITNESSES are allowed at this phase. Actually, art. 128 restricts their use.

16 At the instructory debate is basically a rather informal "get together" where everybody discusses what has been done so far so the judge will have a clearer perception if the is enough for an indictment or not.

17 In this case (no preventive prisioners), the judge will have FOUR MONTHS for the INSTRUCTION PHASE (counting from the date of the request to open that phase)

18 The judge then makes the INSTRUCTORY DECISION which is to make the indictment or not. If so, it goes to trial. If not, it doesn't.

19 The instructory decision is unappealable, unless it's null.

20 It can be null if the Decision amounts to facts that are substantially distinct from the facts that originated the charge. In that case, the judges should have sent the whole thing back and the MP should do it all over. If during the instruction phase, there are only minor differences between charge and facts leading to the indictment, then the whole this is "adjusted" at this phase. THIS IS IMPORTANT AND EXPLAINS WHY IS CAREFUL TO MAKE A BULLS EYE CHARGE!

21 The TRIAL PHASE begins. A new judge (a panel of 3 actually), with the possibility of a jury under certain circumstances and rather rarely used.


SECRECY OF JUSTICE

Art.86
Publicity of the process and secrecy of justice

1 The penal process is, under penalty of nullity, public, taken into consideration the exceptions foreseen in the law

2 The instruction judge may, at the request of the arguido, the assistant or the plaintiff, and having heard the Public Ministry, determine the process will be under secrecy of justice in the inquiry phase if he/she believes publicity may harm the rights of those subjects or other legal participants. This decision is not subject to appeal.

3 Whenever the MP believes that the investigation or the legal rights of the process participants may be in jeopardy, in can subject the process in the inquiry phase to secrecy of justice. That decision has to be validated by the instruction judge within 72 hours.

4 In the case the process has been declared under secrecy of justice under the terms of the previous number, the MP can, by its own initiative or by request of the arguido, the assistant or the plaintiff, lift the secrecy terms at any moment of the inquiry.

5 Whenever the arguido, the assistant or the plaintiff require lifting the secrecy terms but the MP does no do so, all documents are sent to the instruction, who will decide whether or not to lift those terms. That decision is not appealable.

6 Publicity of the process implies, under the terms defined by the law, and particularly, of the following articles, the rights to:

a- for the public in general, to be present in all procedural acts
b- Narration of the procedural acts or the reproduction of its terms, by the media
c- Consultation of the files and request for copies, extracts and certified copies of any parts of those files

7 Publicity does not include data pertaining to the basic rights of privacy that do not constitute evidence. The judicial authority determines, by dispatch, by its own initiative or at request, the elements which will remain [always my annotation] under secrecy of justice ordering, if it's the case, its destruction or giving it back to the person(s) to whom it concerns.

8 The secrecy of justice binds ALL those subjects and procedural participants as well as any other person who, in any count, has been in contact with the process or has any knowledge of any elements contained therein. Namely, it implies prohibition:

a- to witness or gather knowledge of any aspects of any procedural acts that he/she does not have the right or duty to witness or take knowledge
b- to publicise or otherwise divulge the occurrence of any procedural acts or its contents regardless of the motive of such publicity or divulgation.

9 The judicial authority can, on a founded basis, give, order or allow access to certain persons of the contents of procedural acts or documents if it does not harm the investigation and if :

a- it's convenient to determine the truth
b- it's indispensable to allow the interested parties to exercise their rights

10 The persons referred to in the previous number are nevertheless bound by secrecy of justice.

11 The judicial authorities may authorise the emission of certified copies of the contents of a procedural act or document currently under secrecy of justice as long as such copies are necessary to a process of criminal nature, to the instruction of a disciplinary action of public nature or to the admission of a civil indenisation request.

12 If the process concerns an accident caused by a road vehicle, the judicial authority will allow certified copies to be taken:

a- where knowledge is given of procedural act or document under secrecy of justice for the purposes foreseen in the last part of the previous number and under request founded on art. 72, n. 1, a.
b- From the official acknowledgement of accident notice emitted by police authority for the purposes of extrajudicial litigation resolution where the insurance company ensuring civil liability is an interested party.

13 The secrecy of justice does not hinder the judicial authority to make public statements when they are necessary for the reestablishment of the truth and do not jeopardise the investigation:
a- At the request of persons who have been publicly put into question
b- to ensure the safety of people
 
  • #145
From TSF just now (http://tsf.sapo.pt/PaginaInicial/Portugal/Interior.aspx?content_id=963467):

Copied from: http://helpmadeleine.proboards79.com/index.cgi?board=general&action=display&thread=1122&page=23 Post #336

General State Prosecutor says that “Maddie Case” is still being evaluated

The General Prosecution Office has announced, this Tuesday, that the process of the so-called “Maddie case”, the English girl that disappeared in the Algarve, is still being evaluated, and no decision has been issued into the direction of an archiving.

In a communication, the General Prosecution Office refers that the final report from the Polícia Judiciária has been handed over and that it will “be the object of careful evaluation and pondering”.

“The Public Ministry will proceed to globally analyse and evaluate the entire process (which contains tens of volumes) in order to determine whether other diligences are to be demanded or the necessary and sufficient conditions have been gathered to close the inquiry and to elaborate the final dispatch”, the Prosecution Office refers.

Within the same note, the Prosecution Office also refers that the process remains under judicial secrecy until mid-August.

Meanwhile, questioned by journalists, the Justice minister, Alberto Costa, did not want to comment on the matter, merely stating that “the process is under judicial secrecy”.

Just like the minister, the joint Director of the PJ, Pedro Carmo, did not wish to comment on the process, underlining that the PJ “is at the disposal” of the Public Ministry.
 
  • #146
From above:

Within the same note, the Prosecution Office also refers that the process remains under judicial secrecy until mid-August.
 
  • #147
From summer at Proboards, also known as Astro on 3A's, a Portuguese poster of the highest regard, IMO):

If we are to believe what the General Prosecution Office has released in terms of info today, and I think the data is as reliable as possible, then:

The process has been handed over by the PJ to the Public Ministry.

The Public Ministry will evaluate the process - which is composed of tens of volumes, which implies that this evaluation will take some time.

At the end of said evaluation, one of two things happens: either the Public Ministry asks for the PJ to carry out any further diligences that may be deemed necessary, or the Public Ministry draws up a conclusion to the inquiry. Said conclusion may be one of two things: an accusation, or the archiving of the process, which is never definitive, as the production of new evidence will prompt a reopening of the case.

There is no set date for the Public Ministry to reach a decision. The Public Ministry's evaluation and subsequent action is completely independent from the lifting of the judicial secrecy.

All of this, according to my best understanding of the info that I have collected over the past year, and according to my interpretation of the note that was released by the General Prosecutor today.
 
  • #148
http://www.websleuths.com/forums/showthread.php?t=53176&page=12

Post 289
"...............To the British newspaper "Telegraph", a friend of the McCann family went a bit further. Not much, but a bit more was revealed, even under anonimity. "Everybody needs a holiday. Madeleine has been missing for over a year and Kate and Gerry's life is returning to the normalcy that they would like. They wish to give the twins a decent break from everyday's routine and to provide them with family moments", the source advanced................."

What a joke , they want to provide the twins with family moments! ROTFL! Pity Madeleine didn't have a few!


 
  • #149
http://www.websleuths.com/forums/showthread.php?t=53176&page=12

Post 289
"...............To the British newspaper "Telegraph", a friend of the McCann family went a bit further. Not much, but a bit more was revealed, even under anonimity. "Everybody needs a holiday. Madeleine has been missing for over a year and Kate and Gerry's life is returning to the normalcy that they would like. They wish to give the twins a decent break from everyday's routine and to provide them with family moments", the source advanced................."

What a joke , they want to provide the twins with family moments! ROTFL! Pity Madeleine didn't have a few!



It's always about the twins. If I get a chance, I'm going to count up how many times the McCanns used The Twins as an excuse or reason--especially when the action or comment seemed unfeeling to Madeleine's situation, enter The Twin excuse.
 
  • #150
:eek:
http://www.websleuths.com/forums/showthread.php?t=53176&page=12

Post 289
"...............To the British newspaper "Telegraph", a friend of the McCann family went a bit further. Not much, but a bit more was revealed, even under anonimity. "Everybody needs a holiday. Madeleine has been missing for over a year and Kate and Gerry's life is returning to the normalcy that they would like. They wish to give the twins a decent break from everyday's routine and to provide them with family moments", the source advanced................."

What a joke , they want to provide the twins with family moments! ROTFL! Pity Madeleine didn't have a few!


So Kate and Gerry's life is returning to the normalcy they would like eh? Please tell me how ANYONE's life is even remotely normal when their baby is missing, ESPECIALLY KNOWING, (as they keep insisting) that she was abducted into the perverted sicking hands of a paedophilia ring of monsters.:eek: Oh my goodness. Just for a moment, pretend it were true and there was undeniable proof Maddie was being held as a child sex slave...how in Gods name can her parents be content with normalcy? This is NOT normal, it is nowhere near normal. If Kate & Gerry likes this now "normalcy" when their baby daughter is being raped daily by peado's...Kate and Gerry are totally Satan's spawn. I don't care if they have been though a million hours of therapy, and they pray for serenity 10 times a day, how can you want a normal life without your missing (and being tortured daily) child??? If I were Kate and Gerry, I'd make sure that anonymous "friend" never spoke for them again...the friend just proved they are either emotionless monsters, *or* moving on with life after the death of a family member.

As far as Family MOMENTS...that's all it will be. A moment here and a moment there. The rest of the time the twins will be in daycare or sleeping by 7pm.
 
  • #151
IW, I was thinking the same thing...what family moments? They have breakfast together then the twins go off to the daycare, they pick them up and perhaps go to the pool, then supper and the twins in bed before 8?

That's the same amount of time my pet sitter spends with my cats when we go on vacation!
 
  • #152
IW, I was thinking the same thing...what family moments? They have breakfast together then the twins go off to the daycare, they pick them up and perhaps go to the pool, then supper and the twins in bed before 8?

That's the same amount of time my pet sitter spends with my cats when we go on vacation!

Good comparison Texana, most people spend more time with their pets then the Mccanns do with their kids & when going on holidays they leave their pets in reputable care not home alone!
 
  • #153
From TSF just now (http://tsf.sapo.pt/PaginaInicial/Portugal/Interior.aspx?content_id=963467):

Copied from: http://helpmadeleine.proboards79.com/index.cgi?board=general&action=display&thread=1122&page=23 Post #336

General State Prosecutor says that “Maddie Case” is still being evaluated

The General Prosecution Office has announced, this Tuesday, that the process of the so-called “Maddie case”, the English girl that disappeared in the Algarve, is still being evaluated, and no decision has been issued into the direction of an archiving.

In a communication, the General Prosecution Office refers that the final report from the Polícia Judiciária has been handed over and that it will “be the object of careful evaluation and pondering”.

“The Public Ministry will proceed to globally analyse and evaluate the entire process (which contains tens of volumes) in order to determine whether other diligences are to be demanded or the necessary and sufficient conditions have been gathered to close the inquiry and to elaborate the final dispatch”, the Prosecution Office refers.

Within the same note, the Prosecution Office also refers that the process remains under judicial secrecy until mid-August.

Meanwhile, questioned by journalists, the Justice minister, Alberto Costa, did not want to comment on the matter, merely stating that “the process is under judicial secrecy”.

Just like the minister, the joint Director of the PJ, Pedro Carmo, did not wish to comment on the process, underlining that the PJ “is at the disposal” of the Public Ministry.
Okay, I'm cornfused. Another article at post #298 of the Portuguese translation links states that there's no evidence and it will be archived before 7/14 when judicial secrecy ends. Then #297 of the same thread notes there is no evidence and judicial secrecy ends mid-August. And then there is the above article that says that no decision has been made, they are still evaluating and the search is still active and judicial secrecy ends in August. I don't know what to believe.
 
  • #154
It's really sad, isn't it? At a time when the news reports are conflicting about whether or not the official search from Portuguese authorities for Madeleine will be discontinued, we hear another announcement from the McCann camp about their need to return to normalcy and take a vacation with the twins for family moments.

I would like to point out: Gerry only recently returned to fulltime work. Wasn't he around for some family moments before that? Kate is, according to media reports, not working at all. Isn't she there for some family moments?

Take the vacation, McCanns, if you will, but please don't justify it to the rest of us for the Twins' sake.
 
  • #155
If I were the twins, I'd be afraid of going on vacation with Mommy and Daddy. Very afraid. Babies aren't stupid. Wonder how that little boy and girl feel about being away from home in a strange place?
 
  • #156
If I were the twins, I'd be afraid of going on vacation with Mommy and Daddy. Very afraid. Babies aren't stupid. Wonder how that little boy and girl feel about being away from home in a strange place?

In a strange place & ALONE!

A leopard doesn't change it's spots!

Let us never forget that the twins are not of an age to need a holiday! Kate & Gerry need a holiday, so what's new?

& we all know what their holidays entail, adult time at night, no kids!

Substitute buckets & spades on holidays for McCann kids with fear, darkness, aloneness, crying, sedation, memories!

Just what exactly will be different to the last holiday for these poor mites?
 
  • #157
Exactly, Barnaby. The twins were very young at the time of Madeleine's disappearance but they would've most definitely internalized the great sadness and confusion associated with the "holiday" in Portugal. Not to mention all those nights of being left alone while Mommy and Daddy went out drinking and partying.

No babies really need a holiday but these two little ones in particular need stability, familiar SAFE surroundings, and parents who will quit trying to be media stars and stay home to watch their own children.

Shame on the McCanns for using their children as an excuse to vacation. If I were the twins I'd be terrified at the mere thought of having to go on another vacation after how the last one turned out.
 
  • #158
We know from the McCanns' pathetic attempt to explain why Madeleine and Sean were both crying their eyes out on the night of 2 May/3 May that little Sean was crying that fateful night.

He may even 'know' what happened.

We also know that:

1) In line with far too many 2-year-olds these days, the twins were regularly in a creche all day back in Rothley

2) In Praia da Luz, both before AND after Madeleine's 'disappearance', they were parcelled off to the creche each day whilst the parents 'looked' and campaigned

3) The twins have often been left in the hands of some other carers whilst the parents:
a) visit the Pope
b) meet with their lawyers and PR and media advisers
c) meet with TV and media companies
d) do newspaper, magazine, radio and TV interviews
e) attend the European Parliament,
etc. etc.

The twins are now, I think, three-and-a-half years old.

Ordinary parents are likley to shun the McCanns, who now move almost exclusively in high-powered political, media and celebrity circles.

When Sean and Amelie come into contact with other children, because of the parents' relently publicity-seeking, Madeleine is bound to be either the subject of conversation or 'the thing that must never be talked about'.

When the twins are old enough to read newsepapers and view the Internet, they will learn much and may end up very confused children.

There is one safe prediction I think we can make for them.

Given the vast and as-yet-undisclosed sums contributed to the 'Find Madeleine Trust Fund' - and I believe that the gross income into that fund may exceed £3 million ($6 million) - when they are ready to go to school, it will be at the best private primary school that money can buy

----------------------------------------------------------------------------
 
  • #159
My heart goes out to those two children. They will of course be aware that the last time they went on holiday "someone took" their sister. They may be petrified about going away again in case someone takes one of them, children of that age do know fear & make associations! They are also capable of not taking about their fears, best example is of kids who are being abused & don't tell!
If the McCanns wanted to do the best for their twins they would keep them at home in a safe & stable environment until they are old enough to understand that this will not happen again (hopefully)

I agree Tony that it will be very hard for the twins growing up & socialising. School could be difficult, kids can be cruel, things will be said & some parents will not want their kids in the McCann household so they could be very isolated! When they are older I am sure they will have huge anger issues to deal with, very sad all round!
 
  • #160
INSIDE TODAY'S BULLETIN
McCann Case Closed Despite Parents' Guilt

By: Chris Freind, The Bulletin
07/01/2008

Well, it's official. Gerry and Kate McCann have become the Ramseys of Europe. Just as the Christmastime murder of six year old JonBenet Ramsey went officially unsolved, it appears that resolving the disappearance and probable death of five year old Madeleine McCann will suffer the same fate.

That is a terrible shame for three reasons.

First and foremost, a little girl is, in all likelihood, dead, and justice will not be served. The daughter of two British doctors, Madeleine disappeared from a Portuguese beachside resort in May 2007 while she slept. While statements have been made, ad nauseum, by Gerry, Kate and their vaunted PR machine that Maddy was kidnapped, there is absolutely no evidence to substantiate this claim. Of course, there wouldn't be any debate whether Maddy was in fact kidnapped if Gerry and Kate had exercised even a fraction of something called parenting. Which leads us to point # 2.

<continues>
http://www.thebulletin.us/site/index.cfm?newsid=19820607&BRD=2737&PAG=461&dept_id=576361&rfi=8

Note: I am not ready to say "case closed" just yet....colomom
 
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