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[colomom]

Jornal de Notícias 3/5/08: http://jn.sapo.pt/2008/05/03/primeiro_plano/pj_espera_exames_pletos_nove_meses.html

Translation: Li
http://www.the3arguidos.net/viewtopic.php?f=1&t=11930

Copied from: http://helpmadeleine.proboards79.com/index.cgi?board=general&action=display&thread=709&page=10 Post #136

The PJ waits for 9 months for the complete tests

Alexandra Serôdio, Maria Rodrigues and Nuno Miguel maia

A year after the disappearance of Madeleine McCann and nine months after the collection of biological vestiges, the sophisticated and prestigious forensic lab of Birmingham, in England, did not send yet to the PJ the final reports of all the analysis. The JN found that is missing the complete examination to the hairs found in several places and that could help the complex investigation. The PJ was already informed informally that technically will not be possible to determine through DNA analysis if the hair samples belong to Maddie. This is due to fact that the hairs have no capillary tubes.

For this reason, it won't be possible to determine in scientific terms if the hairs found in the boot of the car hired by the McCanns and in the flat of the Ocean Club belong to Madeleine or to one of her brothers. The only data that is possible to obtain without capillary tube is the identification of the mother.

So, the toxicological tests to the same samples are also compromised, they could help to discover if the child took any products that accidentally could cause her death.

This is one of the work hypothesis followed by the PJ although they continue to receive almost everyday clues about possible locations of Madeleine, the JN discovered.
Some of the denounces are being transmitted by embassies spread all over the world.

Without the complete tests the PJ only has inconclusive data. The September's report of last year about the biological vestiges detected in the boot of the car was important to make the decision of constituting the parents arguidos. In the document, the experts explain that from the 20 "strands" (DNA parcels) detected in the fluids, 15 coincide with the genetic profile of Maddie. But in reality this result does not exclude the possibility that the vestige - that the English lab could not guarantee if it was blood since it was very dry - might belong to a relative of Maddie.

According to information collected by the JN this report was discussed between the Portuguese and British experts and the last ones raised some doubts about what they have written previously (this was the one that Kate and Gerry McCann refuse to reply when questioned).

Irish advances and backtracks

Apart from the results of the analysis made to the vestiges, the PJ has several depositions. An Irish that spent holidays with the family at Praia da Luz, in May last year, guaranteed to the PJ that he saw a man with a child in his lap in the night of 3rd of May. Later he said informally that that man seemed to be Gerry McCann.

This comment of the Smith's family appeared when they observed the images of the McCanns arriving in England at 9th of September. The way Gerry held Sean in his lap when he got out of the plane in the East Midlands airport and the clothes he was wearing, described in the first deposition, were useful to the witness "to clarify the ideas".

But when the PJ wanted to formalise that deposition the witness backtracked and revealed that he was not sure that the person he saw was Gerry.

This deposition ended to give credibility to Jane Tanner's words, a friend of the couple, that guarantees having seen a man with a child in the night Madeleine disappeared.

The investigators opted to listen again the witnesses but decide that the depositions would be made through rogatory letters sent to the Leicester police.

Before this step was fulfilled, in April, this family was contacted by detectives of Método 3. The JN discovered that since that contact the certainties of the Smiths ended.

Nonetheless the clue ended not to be solid since the British dogs did not detected any cadaver odor in Gerry's clothes contrary to what happened with Kate's clothes.

The PJ continues to have many doubts about what really happened between 18,00 and 22,00 hours, when Kate alerted to the disappearance. Everything points to the fact that the reenactment will never happen due to the lack of will of the McCanns.

 

[colomom]

Jornal de Notícias 3/5/08: http://www.the3arguidos.net/viewtopic.php?f=1&t=11925&p=309274#p309274

Translation: Li
http://www.the3arguidos.net/viewtopic.php?f=1&t=11930


McCanns after Murat

The McCanns look for answers in Robert Murat, they are convinced of his involvement in the disappearance of their daughter. The multimillionaire that supports the expenses with lawyers and the private detectives of the Spanish agency "Método 3" went on purpose to Algarve to know the British.

Brian Kennedy offered to help him, although he was unable to explain how. Why? Why does he believe that Robert or his mother Jennifer might have seen someone on the night of 3rd of May in the area of the Ocean Club. He was prepared to pay to the best technicians to draw a photofit of a possible suspect. Saying one thing and then saying another he ended to say that Kate and Gerry believe that he is innocent and they never came publicly to accuse him but he insisted that Murat might remember some important detail to help them find Madeleine.

The JN knows that Murat did not accept the help of the multimillionaire. On the contrary he was upset with the questions that were made and with the insistence of the multimillionaire that wanted him to remember the night of the disappearance, when Murat always said that he spent the night in his mother's house, Jennifer, in Praia da Luz.

The meeting - a dinner that Brian Kennedy asked to be discreet and far away from the eyes of the press - took place in the end of last year at a house of Murat's relatives in Burgau (Vila do Bispo). At the dinner were present Murat and Kennedy, the respective lawyers, Jennifer Murat and the aunt and uncle of Murat.

After dinner was Brian Kennedy that finished the conversation. He could not explain why three friends of the couple, belonging to the group "Tapas 7" came publicly saying that they saw Robert Murat in the area of the Ocean Club in the night of 3 of May and he (Kennedy) ended to enter in contradiction.

Francisco Pagarete does not confirm this meeting but the JN knows that the PJ is aware and that they monitored the steps of Kennedy and the detectives of Método 3 very closely. According to the lawyer one year after the disappearance of Maddie, Murat "still does not understand how his name was involved in the case". "Everything is very strange" says the lawyer regretting that " a person was involved in this story without having nothing to do with it".

 

[colomom]

Diario de Noticias 3/5/08: http://dn.sapo.pt/2008/05/03/centrais/pais_maddie_continuam_suspeitos.html

Translation: Li at 3As
http://www.the3arguidos.net/viewtopic.php?f=1&t=11933

Copied from: http://helpmadeleine.proboards79.com/index.cgi?board=general&action=display&thread=709&page=10 Post #139

Parents of Maddie still suspects

One year after the disappearance of Madeleine McCann,from the apartment No. 5A of the Ocean Club in Praia da Luz (Lagos), where she spent holidays with their parents and the twins, also minors, the investigations of the PJ are in a state of deadlock and disguised by a cloak of silence.

After yesterday the on line edition of the Expresso advanced that the thesis of the abduction was again on the table and that Kate and Gerry McCann could stop being arguidos from the suspicion of the murder of their daughter and concealment of the body,a source of the PJ preferred "not confirm or comment on the news", considering that those news "interest to someone".
"By the contrary" he add, leaving the idea that Maddie's parents will continue as suspects.

The recent interviews conducted in England to the friends of the couple that dinned in the Tapas restaurant when Maddie disappeared,did not bring anything new. The PJ began then to examine the list of phone calls made by the parents and the witnesses in the process on the 3rd of May of 2007 and on the following days.Those documents were sent recently by the British authorities, while the bank accounts of those people did not yet arrive.

Despite the lack of evidence,the investigators involved in the case are convinced that the traces of blood found in the apartment of the Ocean Club and in the Renault Scenic rented by the couple three weeks after the disappearance of her daughter, in addition to the odors the corpse flagged by the English dogs, can prove the death of Madeleine. A household accident or an excessive dose of tranquilizers to put the child to sleep (the twins did not awake that night despite the confusion with more than twenty persons in the flat ) and the body eventually thrown in high sea to conceal the proves of the alleged crime are the strong suspicions of the PJ.

The DNA tests conducted in the laboratory of Birmingham (a lab that carries out scientific analysis to the police of that country), were not conclusive. That is, the trump card that the PJ believed they have to arrest Kate and Gerry as suspects of the death of their daughter ended to fall apart.

 

[Barnaby]

http://news.sky.com/skynews/article/0,,30200-1314938,00.html

McCanns Hope Attention Will Wane

"...............................He even suggested that it might have led to Portuguese police naming him and his wife as arguidos, or formal suspects, in the case in early September

You look at where it's led for us, the problems it's created," he said..............."

http://www.sundaysun.co.uk/news/columnists/2008/05/04/mixed-message-from-mccanns-79310-20858631/


Mixed message from McCanns

 

[colomom]

In Correio da Manhã this morning (http://www.correiodamanha.pt/notici...nnelid=00000010-0000-0000-0000-000000000010):

Copied from: http://helpmadeleine.proboards79.com/index.cgi?board=general&action=display&thread=803&page=2 Post #23

McCanns’ apartment: Images of the crime scene revealed
Abduction difficult to explain

The British press points out several potential hiding places for a predator that would have been inside the McCann couple’s apartment at the Ocean Club while Gerry was inside checking on his three children, at approximately 9.05 p.m. on the evening of the crime. But, just like CM had already advanced before, the greatest difficulty for the eventual abductor would have been to transport Maddie through the bedroom window, jumping over a second bed that was inside the room with the three-year-old girl, without anyone seeing him and hearing the child cry.

The images from the apartment were published in yesterday’s edition of ‘News of the World’, and apart from the parents’ bedroom, the kitchen and the living room, in the bottom left corner of the main photo, at the room’s entrance, one can see the bed where Maddie slept. By the side of it, the cots for the twins, Sean and Amélie, were placed, and to make the child exit through the window, one would have to jump over the empty bed that was placed at the far end of the room. It is remembered that Kate, after raising the alarm, pointed at the open window.

The newspaper says that at around 9.05 p.m., when Gerry interrupted his meal to visit his children, the abductor could have been hiding inside one of the narrow wardrobes; hiding behind Maddie’s bedroom door; inside the family’s bathroom or behind Kate and Gerry McCann’s bed.

The same newspaper, after reconstituting the crime, had to realize that as soon as he heard Gerry opening the patio door into the apartment, the abductor would have had ten seconds to hide, at the utmost. Nobody woke up or cried: suspicious facts for the PJ.

Field of vision for Oldfield

When he went to check on the McCanns’ children at 9.30 p.m., friend Matthew Oldfield says he only saw the twins and a corner of Maddie’s bed. He thought everyone was well.

Details

Alípio’s resignation

The McCanns’ spokesman, cited in blog SOS Madeleine, says that Kate and Gerry see the resignation of Alípio Ribeiro from the PJ’s directory and his comments about the enquiry as a sign that Maddie’s disappearance “will never be clarified”.

Ineffective investigation

Clarence Mitchell also said that the entire investigation, after one year and in the case that the PJ does not reveal itself as effective in finding out what happened to the three-year-old girl, should be handed over to “private investigators”.

Blog on hold

Gerry McCann has not written for the blog that he keeps on the on-line findmadeleine page since the 3rd of May, the day that marked one year after the disappearance of his daughter.

 

[colomom]

http://noticias.sapo.pt/lusa/artigo/da56d11a1f6d72828e0acb.html

Copied from: http://helpmadeleine.proboards79.com/index.cgi?board=general&action=display&thread=803&page=14 Post #203

Madeleine: Judicial secrecy deadline extended for another three months - Prosecutor's Office

13 de Maio de 2008, 18:05

Lisboa, 13 Mai (Lusa) - The deadline for the judicial secrecy over the investigations into the case of the disappearance of the English child, Madeleine McCann, in the Algarve, was extended for three months, a source at the State Prosecutor's Office told Lusa Agency today.

If this deadline had not been extended for another three months, it would have ended on the 15th of May.

The English child disappeared on the 3rd of May 2007 at the Ocean Club tourist resort, in Praia da Luz, Lagos, Algarve, and the girl's parents - Gerry and Kate McCann - were made arguidos in the inquiry, a decision that revealed itself as controversial.

 

[colomom]

Posted by LI

http://the3arguidos.net/viewtopic.php?f=1&t=12887

Reenactment can take place in May
14/5/2008

Rogério Alves one of the Portuguese lawyers that defends the McCanns said today in Faro that there are "strong indications" that the reenactment of Madeleine's disappearance can still take place in May

Pedro Junceiro com Lusa | [email protected]

"[The reenactment] was scheduled this month", he said, underlining that there are "strong indications" that the same can take place till the end of May, although he did not gave a precise date.

The lawyer talked to the journalists outside a seminar "Penal and Penal Procedural Reform" that ended today in the University of Algarve, in Faro and intended to launch the debate about the reform that is in progress.

Rogério Alves reiterated that the MacCanns did not impose any conditions to participate in an eventual reenactment of the disappearance and added that their only reserve has to do with the "effectiveness" of the proceeding.

"Both showed their intention of being present but as to the witnesses that is not dependant on them", he said, adding that the parents are sceptical as to the effectiveness of the proceeding due to the fact that a year has passed by.

Questioned by the journalists to comment on the enlargement of the secrecy of law in the investigations to the disappearance of the British child, Rogério Alves said that the enlargement of the deadline was totally "predictable".

Rogério Alves also said that the advantage of lifting the secrecy of justice lies in the fact that the parents could know what has been done in the search for their daughter and if the police are close to finding a solution.

"What results from the secrecy of justice in this case is that it prevents the access of a father and a mother to what they would like to know which is what the police are doing to discover a thing that for them is fundamental: what happened to their child", he concluded.

The McCanns left Portugal on the 9th of September of 2007 but they admit to return to Portugal to raise the attention about the disappearance of their daughter.

Gerry and Kate McCann are convinced that the child was kidnapped, contrarily to the PJ, that believes in the death thesis.
http://www.destak.pt/artigos.php?art=11034

 

[colomom]

Copied from: http://helpmadeleine.proboards79.com/index.cgi?board=general&action=display&thread=803&page=21 Post #311

McCann Case: New date for the Reenactment

A new date for an eventual reconstruction of the night of Madeleine McCann's disappearance was advanced and it has the agreement of the parents Kate and Gerry, arguidos in the process. It only lacks the "yes" of the witnesses so that can happen on the 29th of May, although sources connected to the process said to the JN that they do not believe that the proceeding will be realised.

This because another date - today - was advanced before but the couple through their spokesman Clarence Mitchell imposed conditions to return to Praia da Luz and to help the PJ to discover what happened to the child missing for more than a year. The McCanns demanded to stop being arguidos and that the reenactment was transmitted alive by a British television. Now it seems they have backtrack.

RTP News Video
Secret of justice in case of Madeleine prolonged by three months. The judge of criminal instruction of Portimão extended the secret of justice in the inquiries to the disappearance of Maddie. The extension was determined to be prolongated till August because the PJ is going to carry out a reenactment with the girl's parents.

http://www.youtube.com/watch?v=IMZOXNDLXKU
~youtube version~

According to Rogério Alves , one of their Portuguese lawyers "that misunderstood is surpassed. Kate and Gerry are available to come to Portugal and they do not impose conditions".

"Both said that they are available but it is needed to know if the witnesses are also available and that does not depend on them", he explained. The proceeding is now in a phase of negotiation between the PJ and the witnesses - the friends of the couple - but a source connected to the process believes that it is a "strategy" and that the reenactment will not happen.

The same source reminds the successive "difficulties" that the two arguidos and the Tapas 7 have been putting to return to Portugal and gives examples. "Publicly they claim they are available, but the truth is that they make demands such as five stars hotels which is a thing that it is not possible". Without the presence of all "characters" the reenactment "does not make any sense and will not be done", he adds.

Source: Jornal de Notícias (http://jn.sapo.pt/2008/05/15/policia_e_tribunais/nova_data_para_reconstituicao.html)

Enquiry concluded in August

The PJ has proposed the last week of May as a date to do the reconstruction of what happened at 3rd of May of 2007 in Praia da Luz. "If it is not done at that time, probably will not take place", explained a source connected to the process - "the secrecy of justice was enlarged till August and there is left only three months to conclude the enquiry and to elaborate the final report".

According to the same source "it was not possible to make the reenactment in the first date that was proposed (yesterday or today) because some claimed that the date was not feasible". Although the request for this proceed was made through the rogatory letters approved by the British justice - what obliges their fulfilment by the McCanns and friends - any of them can allege personal circumstances. "As to the new date, if someone alleges the impossibility of coming, we will see if he/she is someone essential to the reenactment to decide if it will be done or not".

Source: Correio da Manhã (http://www.correiodamanha.pt/notici...hannelid=00000010-0000-0000-0000-000000000010)

Translation by Li

 

[colomom]

http://portugalresident.com/portugalresident/showstory.asp?s=MADDY&sid=209

Madeleine case: secrecy extended


The latest Find Madeleine poster, which can be downloaded from www.findmadeleine.com

By ELOISE WALTON

[email protected]

INFORMATION ABOUT the investigation into the disappearance of Madeleine McCann will remain under the secrecy of justice for a further three months.

The Public Prosecutor, Pinto Monteiro, told Portuguese news agency Lusa of the extension just a few days before yesterday’s (Thursday’s) initial deadline.

Because of this, the three arguidos in the case, Gerry and Kate McCann and Robert Murat, will now remain official suspects until August.

This is the second time that the deadline for the case to be opened to the public has been extended, with the first extension being requested by the Public Ministry on January 11 because of the exceptional complexity of the case.

On Monday, Madeleine’s family marked her fifth birthday privately and quietly, while her father, Gerry McCann wrote on his online blog that the family will be doing everything to ensure that Madeleine does not spend another birthday separated from her family.

Brazil sighting

In an unrelated development, Interpol officers in Brazil are investigating a sighting from a tourist who claims to have seen Madeleine on a flight headed for the city of São Paulo more than a month ago.

Jorge Pontes, the Coordinator-General for Interpol in Brazil, told Portuguese newspaper Correio da Manhã: “This sighting is still being investigated. Research is currently taking place, so I cannot reveal any details.”

This is not the first investigation in Brazil into sightings of Madeleine McCann, however, none have so far provided any clues as to the girl’s whereabouts.

Following the renewed appeal from Madeleine’s family, the new telephone number 00 44 (0) 845 838 4699) and email addresses, including [email protected], the Find Madeleine campaign has received hundreds of responses.

It is now 379 days since Madeleine McCann went missing from her bedroom in a holiday apartment of Praia da luz.

Do you have a view on this story? Email: [email protected]

 

[colomom]

From Li on 3A, 24 horas today: http://www.the3arguidos.net/viewtopic.php?f=1&t=12981

Copied from: http://helpmadeleine.proboards79.com/index.cgi?board=general&action=display&thread=817&page=4 Post #45

McCanns advance against "T&Q"

Kate and Gerry McCann believe that the publication of the article " The PJ believes that the parents killed Maddie" put the public opinion against them

Text Joaquim Eduardo Oliveira

The former director and a journalist of the no longer existent newspaper "Tal & Qual" were formally accused of defamation by the parents of Madeleine McCann due to the publication on the 24th of August last year of an article that read: "The PJ believes that the parents killed Maddie".
Emídio Fernando was heard yesterday afternoon as an arguido in the enquiry section of the PSP (Public Security Police). The journalist Catarina Vaz Guerreiro, author of the text that was front cover was already heard in the end of 2007.
Due to problems to notify the former director of "T & Q" only yesterday he was heard.
The 24 Horas discovered that the McCanns - in this phase of the process are not asking for any compensation - they claim that the publication of that article changed the perception of the international public opinion concerning their alleged involvement in the disappearance of their daughter.
Two weeks after the publication, Kate and Gerry were constituted arguidos in "Maddie's case".

Defamation, they say

"I am calm, I maintain everything that I said and wrote. I have confidence in my sources and the prove is that 15 days after it was confirmed" said to the 24 Horas Emídio Fernando reacting to the accusation of defamation against him.
"I am absolutely tranquil. I have no problem at all with this. I never had. Not even in the same day. I had the absolute certainty of publishing it and how I would publish it" he added.
Catarina Vaz Guerreiro considered "absurd" the accusation since the information launched by the newspaper was confirmed with the constitution of Kate and Gerry as arguidos.
http://www.24horasnewspaper.com/total.php?numero=2845&link=11

 

[SewingDeb]

Thanks for the update, Colomom.

 

[colomom]

Posted by Li, 3 arguidos (http://www.the3arguidos.net/viewtopic.php?f=1&t=13033):

Copied from: http://helpmadeleine.proboards79.com/index.cgi?board=general&action=display&thread=817&page=13 Post #185

Witnesses say that they didn't see Maddie after the end of the afternoon

Timeline of the McCanns put in question

The parents always said that the girl disappeared between 21.00 and 23.00 hours, but there was no witness that saw her from 18.00 hours onwards

Text Carlos Tomás

The little Madeleine McCann was not seen from 18.00 of the 3rd of May of 2007, meaning almost four hours before the mother, Kate gave the alarm in Praia da Luz, Algarve. This is the conclusion of the correlation of information given to the British police by more than 60 tourists that were at the Ocean Club on the day of the disappearance.
The authorities of Leicester have been sending these informations drop by drop to the team of Paulo Rebelo. "None of the more than fifty persons that were in the tourist resort saw the child from 18.00 hours onwards. The several interrogatories made at the time of the disappearance and more recently in England prove that the girl was no longer seen in the end of the afternoon", said to the 24 Horas a judicial responsible connected to the investigations.
These data led the judicial responsible to assume that "contrarily of what the parents always claimed the hour that the disappearance occurred is yet to define and it might not be after 22.00 hours but much earlier".

There are still depositions missing

The team of the PJ are not yet in the possession of all the depositions that were requested to the British authorities made in the rogatory letter send to that country in the end of 2007. The principal depositions of the MCCann's friends were already evaluated scrupulously.

FACTS

Alarm

Kate McCann entered in the Tapas Bar after 22.30 screaming "they've taken her". She was never able to explain to the authorities who were "them". The GNR arrived to the place in less than 20 minutes and the PJ one hour after. In the apartment were the twins and there was not found any sign of a break in.

Impositions

The 7 friends that dinned with the McCanns in the Tapas Bar are putting conditions to the Public Prosecutor to return to our country. They are invited to cooperate in the reenactment of that night a proceeding considered very important to clarify the facts.

Reenactment without date

The PJ continues to wait for a reply of the McCanns and their friends to schedule a date to the reenactment of the facts occurred on the 3rd of May of 2007: "We did not receive any indication of the Public Prosecutor about this issue. We are still waiting that the McCanns and their friends decide when they want to come to Portugal. We cannot oblige them, they come if they wish", said the same source.
Guilhermino Encarnação, responsible for the Department of Faro, maintains that "in this phase there is nothing to say" and as soon as relevant data of public interest connected to this media case occurs "it will be revealed by the competent authorities".
The McCanns say, through their spokesman, Clarence Mitchell that they are willing to return to our country but they do not take responsibility for the decision of the friends with whom they dinned.

http://www.24horasnewspaper.com/total.php?numero=2846&link=08

 

[colomom]

24horas: The McCanns will be accused of negligence if they are not present for the reenactment

translation Li: http://www.the3arguidos.net/viewtopic.php?f=1&t=13406

Public Prosecutor fed up with the lack of cooperation of the British couple

Ultimatum to the McCanns

Kate, Gerry and the seven friends did not yet accept to return to Portugal on the 29th. The Public Prosecutor is going to accuse the couple of gross negligence

Text: Carlos Tomás

The Public Prosecutor made an ultimatum to the McCanns: or the reenactment of Maddie's disappearance that will take place on the next 29th of May or the Public Prosecutor will advance with the accusation of gross negligence against the couple.

The PJ also informed the McCanns that "either all of them return (on the 29th) or none will come" as it was admitted by the spokesman of the couple, Clarence Mitchell to the 24 Horas. All, should be read Kate, Gerry and the seven friends that dinned with them in the Tapas, at Praia da Luz on the 3rd of May of 2007.
Clarence Mitchell admitted to the 24 Horas that the reenactment will not take place on the 29th due to doubts of the friends.
Kate and Gerry as the 24 Horas has already reported should be accused of gross negligence being the maximum penalty ten years jail.
"There has not been any kind of cooperation with the authorities from their part. What is strange for parents that are constantly and publicly claiming that they want to find their missing daughter. It is an unusual behaviour. Any father or mother that had lost a child would have all interest in cooperating with the authorities. The truth is from the McCann's part that help does not exist. What they say is that they are willing to come to Portugal but only under certain conditions", explained to the 24 Horas a source from the Portimão's Court.
According to the same source, after the suggestion of the Public Prosecutor to make the reconstruction on the 15th and 16th of May, a new date was suggested: the 29th of May. However less than a week from that day the Portuguese authorities are still empty handed. Neither the parents nor their friends gave any signal of life.

Enough evidence

"We have the conviction that the parents participated in the concealment of the body's girl and that she is dead. Although the existing evidences are not enough to accuse them of homicide. But we have more than enough evidence to accuse them of negligence. They know that and they don't return to Portugal probably because they are afraid of being arrested", said another judicial responsible connected to the investigation.
"It is not understandable the reason why they are all dragging their feet - including the McCanns - to participate in a reenactment that will probably last 6 hours".

Facts

If the Public Prosecutor goes ahead with the accusation of gross negligence against the McCanns, Kate and Gerry will claim that they were "responsible parents" in the night of the 3rd of May, explained Clarence Mitchell. That is the advise given by the Portuguese and British lawyers.

The reenactment of the facts occurred in the night of 3rd of May of 2007 will not be done on the 29th due to questions raised by the seven friends of the McCanns to the PJ. "We are in a phase that the friends, one by one, are presenting their arguments to the PJ. They do not understand the objective of the reenactment one year after the disappearance of Maddie". The friends also "emphasise that more people should participate in the reenactment such as the employees of the Ocean Club and other witnesses". But Kate and Gerry due to the fact that they are arguidos, will come to Portugal if the PJ demands.
Caught by surprise with the fact that the Public Prosecutor might advance with the accusation of gross negligence against the McCanns, Clarence questions: "Why that accusation now, one year after the facts? It seems strange".
http://www.24horasnewspaper.com/total.php?numero=2851&link=09

 

[colomom]

http://sol.sapo.pt/PaginaInicial/Sociedade/Interior.aspx?content_id=94522

Copied from: http://helpmadeleine.proboards79.com/index.cgi?board=general&action=display&thread=880&page=14 Post #208

Madeleine: The McCanns will travel to Portugal, but friends question the re-enactment of the girl’s disappearance

London, 23 (Lusa) May - Kate and Gerry McCann are still willing and they will obey to a notification of the Police to participate in a reconstitution of the disappearance of their daughter Madeleine, but their friends question the validity and the proposed model.

“Basically, it is not up to Gerry and Kate [the realization of the reconstitution] because they are arguidos and, if their presence is requested, and if they have to go, they will go ", guaranteed today the spokesman of the couple, Clarence Mitchell, to the Portuguese News Agency.

"Everything depends on the friends, who were also invited to go but, since they are nota arguidos, they have a right of questioning the usefulness of this exercise and if it will help to find Madeleine - and at this moment their answer seems to be it will not ", said Mitchell. "The Portuguese authorities still did not manage to answer to this simple and only question ", added Mitchell.

Almost 13 months have passed since the disappearance of Madeleine McCann, on the 3rd of May of 2007, from an apartment where she was spending holidays with her parents and brothers in Praia da Luz, Lagos, in the Algarve.

A reconstitution of all the steps given by the parents and the friends who were there at that time was suggested by the Judiciary Police (PJ) almost a month ago, first through the McCanns lawyers and then trough individual summons.

The PJ stipulated the realization of the reconstitution to the presence of the nine British and three dates were proposed in May, two of them were exceeded (15th and 16th of May).

"We are coming very near to the suggested date (29 and May 30) and I think it is very unlikely that the reconstitution will happen”, estimated the McCanns Spokesperson.

The little time remaining to the date also hampers the settlement of the availability of all, exemptions from work , travel arrangements and accommodation, whose cost is not clear who will pay.

The delay in settling the date is, according to Mitchell, the lack of response to several questions sent by friends to the police about the nature of the investigation.

One was why doing a reconstitution of the alleged crime now, 'when they do not do it normally [in Portugal] and they rejected a proposal to do one for the TV program Crimewatch of the BBC last year ", he said.

The friends also questioned the option of the authorities of wanting on location the real protagonists, including the couple McCann and the seven friends with whom they spent holidays, when "most of reconstructions are done by actors' and they also ask why other tourists and workers of the tourist complex were not invited.

Kate’s "mental well-being" is another factor that causes concern, according to Mitchell.
"Is it supposed that she sees a child to be kidnapped in front of her? What type of anguish is going to cause her? It seems to nobody to have thought about that ", he stressed.

In spite of the difficulties, Clarence Mitchell denied that Kate and Gerry have presented "determined conditions" in order to travel to Portugal, as reported today in the newspaper “24 Horas”, based on a source of the Judicial Court of Portimão, and reaffirmed the availability of the couple to help the investigation.

Kate and Gerry McCann are arguidos at present, together with the British-Portuguese citizen Robert Murat, in the process of investigation to the disappearance of Madeleine McCann.

The McCanns seven friends - Jane Tanner, Matthew and Rachael Oldfield, David and Fiona Payne, Russell O`Brien (Jane's companion) and Fiona’s mother, Diane Webster - were cross examined as witnesses in Portugal in the weeks following the disappearance and again in April , In Leicester, England.

To mark the first anniversary of the disappearance, the family created by the campaign to find Madeleine released a new phone number to collect information of potential witnesses and the result was a “strong response”. “We had thousands of mails and hundreds of calls and between them there is some information that is being closely analysed”, advanced Mitchell.

 

[colomom]

http://dn.sapo.pt/2008/05/26/sociedade/reconstituicao_praia_luz_marcada_par.html

DN this morning, translation googelese by Pear: http://www.the3arguidos.net/viewtopic.php?f=1&t=13587

Copied from: http://helpmadeleine.proboards79.com/index.cgi?board=general&action=display&thread=895&page=11 Post #158

Reconstruction in Praia da Luz scheduled for Thursday

FILIPA AMBRÓSIO DE SOUSA

Only three days but neither the defence of the couple knows if there will be a reconstruction
The Judiciary Police (PJ) depends on the coming to Portugal of witnesses for the reconstruction of the night of the disappearance of Madeleine McCann to be done.

The proceeding, announced by PJ a few weeks ago, is already scheduled for this Thursday, according to what the DN found. But, apparently, it might not happen.

This is because the witnesses, the friends of the McCann couple that idined n Tapas Bar on May 3, 2007, in Praia da Luz, may not be willing to travel to Portugal, as a year has passed over the events, according the spokesman of the couple McCann, Clarence Mitchell two days ago.

On the part of McCann, the couple already has been prepared to submit to the Portuguese authorities to carry out the proceedinga, which, however, they admit to be "useless" as the lawyer of the couple McCann, Rogerio Alves, told DN.

"Basically, it is not up to Gerry or Kate because they are defendants, if their presence is required, they will have to go," assured a few days the spokesman of the couple, Clarence Mitchell , The agency Lusa. "Everything depends on the friends, who were notified to be present but as they are not defendants they have the right to question the usefulness of the exercise and whether it will help to find Madeleine - and the answer now seems to be no," he said.

The lawyer Rogerio Alves said that the Portuguese defence of McCann, that the former president of the Bar shares with Carlos Pinto de Abreu, "ignores the evolution of notification made to the witnesses." This means that three days befotr the scheduled proceedings, the defence of the couple has does not whether they will take place. "Given that there can be no recosntruction of the night without the witnesses, if they do not come, it will not proceed," the lawyer concluded.

 

[colomom]

Relation court alleges “reservations over the private life” of Maddie’s parents

Judge does not allow McCanns’ text messages to be read

The PJ wanted to know what was contained in the text messages that were written by the McCanns and their friends, on the day before and on the day after the little girl disappeared

The Public Ministry and the inspectors at the Polícia Judiciária that are responsible for the Maddie case, are not going to be able to read the contents of the mobile phone text messages that were sent and received by the McCann couple during the moments that followed the English girl’s disappearance. The PJ’s access to this data was denied by the Relation Court in Évora, through a ruling that was accessed by 24Horas, and which invokes the legal guarantees of reservation and confidentiality of telecommunications.

A few days after Kate and Gerry were heard at the PJ and made arguidos, last September, the Republic’s Prosecutor from the Judicial District of Portimão, Magalhães e Menezes, asked the judge that is responsible for the process, to request the three national mobile phone operators to send a digital record of “the full listings of telephone traffic concerning both incoming and outgoing calls” for ten phone numbers, between the 28th of April and the 9th of September 2007. That list, according to the Prosecutor, should include the cellular location and traceback, as well as any calls that were made in roaming, and SMS and MMS messages, and their contents. The analysis of this data would allow the police to, at least, reconstitute the steps made by Kate, Gerry and the friends that were spending their holidays with them at the Ocean Club, in Praia da Luz, on the days immediately before the disappearance of Madeleine McCann. The investigators are especially curious about the contents of 18 messages that were written and sent, from a yet unidentified mobile phone, to Gerry McCann, between the 2nd and the 4th of May 2007, and about all the communications that were made by the group between 8 p.m. on the 3rd of May and 12 p.m., on the next day.

Judge did not give permission

The request that was made by Magalhães e Menezes started out by being rejected by the criminal instruction judge at the Portimão Court, who, through a dispatch, “did not authorize the sending, on a digital medium (CD or DVD), of the contents of any message that was sent or received as an SMS or MMS, concerning all the telephone numbers” at hand.The understanding of the Judge is that that access would “mean to gain knowledge of the contents of the conversation or telephone communication, without a previous judicial dispatch, authorizing such procedure”. Which is not foreseen in the Portuguese law. Not resigning, the Public Ministry appealed the Relation in Évora, trying to open up another possibility: in order to preserve the “reservation of the intimacy of the private life of the interlocutors”, the messages would be previously analysed by the instruction judge, who would evaluate their contents and the possibility that they could be used as evidence. The ruling from the Relation Court, signed by judge Fernando Ribeiro Cardoso, dismisses that possibility, as well. “The data from the contents, as the tenor of the messages, can only be intercepted in real time, with due judicial authorization”, the document refers, adding that the mere existence of such records or recordings would configure a violation of the law.

Retroactive listening

The investigators that have been given the task of finding out what happened to Madeleine McCann, wanted to access some sort of retroactive listening operation, by requesting information, in late September, about the messages that were exchanged, months earlier, by the arguidos and by the English citizens that were spending their holidays with the McCanns in Praia da Luz. For the Relation Court in Évora this is an idea that has no legal support and “it makes no sense” to ask the operators (TMN, Vodafone and Optimus) that they “make the contents of communications and messages that were expedited and received between certain telephones, during a certain past period, available”. Although it recognizes the “hypothetical technical possibility” that the contents of those messages was the object of register or recording, the Relation Court understands that it is a “reality that from the legal point of view, could never have taken place, under a penalty of an eventual incursion into criminal responsibility by whomever has carried it out or permitted it to be carried out”. “As the contents of those messages, that were eventually expedited or received, through the telephones that are at issue, during the period that is comprehended between the 28th of April and the 9th of September of the same year, could not have been the object of any interception, registration and recording by any operator, the request that is being made by the Public Ministry in the First Instance, and sustained in an appeal, lacks any legal support, in that part”, the ruling concludes.

Four Crimes under Investigation

There are four crimes being investigated as part of the process related to the Maddie Case, under the jurisdiction of the Portimão Court. In addition to the suspicions of abduction, homicide and hiding a cadaver, the judgment of the Relation Court Évora, now released by 24horas, confirms that the Portuguese Justice system is also reviewing the occurrence of the practice of the crime of exposure by abandonment of a minor, punishable under the Penal Code with a sentence of between 3 and 10 years in prison. According to the law, one commits this crime when they place the life of another person in danger, "leaving them defenseless, whenever the accused fails in their responsibility to protect, watch over or assist."

Deadline from the PJ is at the doorstep

Reconstitution to take place, soon?

The Polícia Judiciária remains interested in making the reconstitution of the evening of May 3, 2007. The inspectors want to seat the seven friends at the table in the Tapas Bar, again, and to understand the movements of all of them, on the evening when the little girl disappeared. In this manner, the Judiciária wants to identify possible incoherencies in the statements made by each one of the persons that were heard on location, in those days. It so happens that the McCanns and their friends do not reach an agreement and the most likely thing to happen is that they do not attend the reconstitution, which may not be carried out. Madeleine’s parents have often expressed their availability to help, but what is certain is that the 29th of May, the day that was scheduled by the PJ as the date when this diligence would be carried out, is on the doorstep and there are still no certainties concerning the couple’s presence in Portugal. News are expected in the coming days.

FACTS

Telephones
Without access to the contents of the telephone messages, PJ could, however, know who spoke to whom on the day that Maddie disappeared. This, because the criminal instruction judge has not raised questions relative to the analysis of the "lists of telephone traffic in regards to calls made and received."

Intimacy
According to the Portimão Public Prosecutor, the right to protect the intimacy of one's private life "runs no greater risk of being harmed by accessing the contents of SMS or MMS messages than by the knowledge of the circumstances of time, place, mode and frequency of the calls."

Secrecy
The judicial secrecy has been extended until July. From that date onwards, the process can be consulted by the arguidos’ lawyers, like Carlos Pinto de Abreu, Rogério Alves and Francisco Pagarete.

Reconstitution
The process continues to have three arguidos: Kate and Gerry McCann and Robert Murat. Maddie’s parents were questioned and made arguidos in early September. They returned home, to Rothley, in England, right afterwards.

Investigation
The PJ’s report about the disappearance arrived at the Public Ministry on the 11th of September. From that moment on, it was accompanied by the General Prosecutor for the District of Évora, Luís Bilro Verão.


Source: 24Horas – Paper Edition pages 4 and 5
Translation by Summer and Debk

Copied from: http://helpmadeleine.proboards79.com/index.cgi?board=general&action=display&thread=905&page=7 Post #103

Related:
Full ruling of the Relation Court in Évora on the 29 of April 2008

 

[colomom]

Reenactment of Madeleine's Disappearance Cancelled due to Absent Intervenients

The reenactment of the facts relative to the disappearance of the English child Madeleine McCann, appointed for Thursday and Friday, was cancelled due to the absence of four of the intervenients, informed today the General Procuracy of the Republic (PGR).

According to a note of the PGR, the diligence "won't happen" due to "the previously announced absence" of four friends of the McCanns who spend holidays in the tourist resort of Praia da Luz, Algarve, at the time that the child disappeared, on the 3rd of May of 2007.

Kate and Gerry McCann showed willingness to participate in the reenactment of their daughter's disappearance, but their friends put in question the validity and the proposed model.

"Basically, it's not up to Gerry and Kate [the making of the reenactment] because they are arguidos and, if their presence is requested, they will go, they have to go", guaranteed recently the spokesman of the couple, Clarence Mitchell, to the Lusa News Agency.

"Everything depends on their friends, who were also invited to go but, since they are not arguidos, they have a right of questioning the usefulness of the exercise and whether it will help to find Madeleine - and at this moment the answer seems to be it will not ",he said.

A reenactment of all the steps given by the parents and the friends present at that time was suggested by the Judiciary Police (PJ) about a month ago, first through the McCann's lawyers and then through individual notifications.

Source: Lusa http://noticias.sapo.pt/lusa/artigo/bdf4afbe7a86b4c0a0bbc8.html

A Police source connected with the investigation told to Expresso that they were not aware of the PGR's dispatch, however he denied that the cancellation was a surprise. The same source showed interest again in staging the day of the crime, but said that the next step is up to the Public Ministry: "The PJ will speak with the Public Ministry, to know if they'll advance with the accusation or not and if it is really essential to do the reconstitution at all", he guaranteed.

Remember that the Judiciary Police had already admitted that the reenactment would only make sense with the presence of all the witnesses, as well as of the couple McCann. In declarations to the Expresso, the police source admitted at the time the PJ could be facing a "game of push" in which the witnesses, would coordinate their periods of unavailability in order to annul the possibility of doing the reenactment with everyone present, as requested by the PJ.

Source: Expresso http://aeiou.expresso.pt/gen.pl?p=stories&op=view&fokey=ex.stories/331537

Note: The request in order for the McCanns and the 7 friends to be present in the reconstitution was done in the rogatory letters sent, some months ago, to the United Kingdom. In those documents the diligence was explained and it was guaranteed to all that the expenses would be «in charge of the Portuguese State».

Copied from: http://helpmadeleine.proboards79.com/index.cgi?board=general&action=display&thread=905&page=11 Post #167

 

[colomom]

in 24Horas this morning:

http://24horasnewspaper.com/total.php?numero=2854&link=08

Copied from: http://helpmadeleine.proboards79.com/index.cgi?board=general&action=display&thread=905&page=22 Post #329

McCanns’ friends refused to cooperate with the reconstitution
Here they would have been already arrested

They were notified about the reconstitution of the disappearance, but they are not coming. If Kate’s and Gerry’s friends were Portuguese, they would participate under detention

The last hope for the Polícia Judiciária (PJ) to be able to reconstruct the steps that were made by the McCanns and their seven friends on the evening of Maddie’s disappearance, has been demolished. The reconstitution of the events of the 3rd of May, which was scheduled for next Wednesday, was annulled.

“As arguidos, Kate and Gerry were forced to cooperate with the authorities, and they would attend. But their friends decided not to go, because they failed to understand the usefulness of this diligence”, Clarence Mitchell, the McCanns’ spokesman, said to 24Horas. “The friends were formally notified about the reconstitution, recently. The couple had been notified already”.

According to Mitchell, the PJ has always made it known that “either all of them were coming, or none of them”. As is obvious, a reconstitution only with Kate and Gerry would make no sense…

If they were Portuguese, they would be subject to a warrant

The fact that the seven friends of the McCanns have been notified as witnesses for a diligence of this type and failed to attend, would have serious consequences if they were Portuguese citizens. “First, warrants for attendance would be issued. If they would fail to attend, then arrest warrants would be issued and they would have to pay a fine. Which means that they would be attending under detention”, a source from the Public Ministry explained to 24Horas.

According to the same source, “arguidos and witnesses are obliged to attend the diligences, provided they have been officially notified”.

England “is one of the countries where the cooperation with foreign authorities is worst”, the source detailed. Through the international channels, the PJ could still use an international arrest warrant against the friends, but for a reconstitution that depends on the good will of everyone, this step will never be taken.

The Prosecutor’s Office informed yesterday that the reconstitution was cancelled due to the “already announced failure to attend” from four friends of the McCann couple. The note from the Prosecutor’s Office does not specify which ones are the four “non attending” friends, who have dragged the group along.

Clarence Mitchell, speaking to 24Horas yesterday, mentioned the withdrawal of the seven friends, as a group. The “Tapas Seven” (known by this name because they dined with the McCanns at a tapas restaurant in Praia da Luz on the evening of the 3rd of May) are: David Payne, 41, a colleague of Gerry; his wife Fiona, 34, also a doctor; Payne’s mother, Dianne Webster; Matthew Oldfield, a doctor, and his wife Rachel, 36, a consultant; and Russell O’Brien, 36, and his partner Jane Tanner, 37.


http://24horasnewspaper.com/total.php?numero=2854&link=09

Request to access the McCanns’ text messages originated a mess
Prosecutor against colleague

The prosecutor Luís Verão, in Évora, did not agree with the position of his colleague who is responsible for the Maddie case, Magalhães e Menezes, concerning the request that the latter made to the judge, to gain access to the McCanns’ mobile phone messages

A prosecutor against another prosecutor is rare, and when both magistrates are working on the same case, it becomes unheard of. This happened in the Maddie process: Luís Bilro Verão, the joint general prosecutor that was nominated for the case, did not agree with the appeal that was made by the Public Ministry in Portimão – contesting the lack of access to the contents of the mobile phone messages that were sent and received by the McCann couple before and after the little girl disappeared.

The ruling from the Relation Court in Évora, which rejected the appeal, even refers the opinion of Luís Bilro Verão. “In this instance, the joint general prosecutor, in his learned opinion contained in the pages 22 to 97, understands that the appeal should be judged manifestly unfounded”. In other words, the prosecutor Luís Verão pulled the carpet from under the feet of Magalhães e Menezes, the magistrate who is responsible for the case.

According to the ruling, the contents of the messages could only “be the object of real-time interception, with due judicial authorization”.

Messages before the crime?

Within the Polícia Judiciária, the decision from the Relation Court in Évora was not well received. “It’s an illogical position. It would be impossible for the PJ to request for listening operations or to view text messages before the crime even took place”, a source at the Polícia Judiciária commented.

The McCanns’ spokesman, Clarence Mitchell, only commented that “Kate and Gerry have always made their telephone and computer records available to the PJ”. If the PJ would have been able to access the mobile phone messages “that would not have been a problem because the McCanns have never had nothing to hide”.

McCanns and friends warned about the reconstitution
Rogatory letter contained notifications

The parents of Madeleine McCann and the seven friends with whom they dined at the Tapas Bar, on the 3rd of May 2007, at Praia da Luz, in Lagos, Algarve, were officially notified by the Polícia Judiciária, just like 24Horas reported, through the rogatory letters that were sent to England, early this year, which were partially carried out during the month of March – the letters had been sent in October 2007, but were returned due to procedural mistakes –, to participate in the reconstitution of the events of that day. The reconstitution was scheduled for the 15th and 16th of this month, but the date was, uselessly, changed into the 29th and 30th of this month.

“Contrary to what the couple has always said, they were not ‘invited’ to return to Portugal. It was only asked, in the letters that were sent, when they and their friends would be available to carry out the diligence. But the diligence was officially ordered”, guaranteed a judicial officer that is connected to the process. “The State was prepared to pay for the full expenses of the trip and the respective accommodations under normal conditions. But absurd demands were made. But these are foreign citizens and there is little that we can do”, the same source concluded.

Footnotes

MURAT. Even if the reconstitution was taking place, it is almost certain that the man who was first made an arguido, Robert Murat, was not formally notified, as reported by “Diário de Notícias” yesterday.

PGR. The Republic's General Prosecutor announced yesterday that the reconstitution of the night when Maddie disappeared was not taking place on Friday. But the PJ’s senior officers had not been formally informed. They found out about the cancellation, through the journalists.

WATERFALL. Gonçalo Amaral, the former coordinator of the PJ in Portimão, continues to write, on a daily basis, the book that he will publish after the judicial secrecy over the case is lifted. And it is almost certain that it will contain data about the McCanns’ telephone calls.

TRAFFIC. The PJ was able to find out who spoke to whom on the day that Maddie disappeared, because they had access to the listings of telephone traffic.

RESERVATION. The Relation Court of Évora invoked the legal guarantees of reservation over the private life, to prevent the PJ of accessing Kate’s and Gerry’s SMS messages.

 

[colomom]

in Correio da Manhã this morning (http://www.correiodamanha.pt/Notici...tentid=8A181E53-28D0-4051-A750-F91F32795C72):

Copied from: http://helpmadeleine.proboards79.com/index.cgi?board=general&action=display&thread=912&page=3 Post #35

Ruling: McCanns arguidos over death, abandonment and concealment of a cadaver
Public Ministry assumes suspicions of homicide

This is the first judiciary dispatch that is not covered by the judicial secrecy, that assumes that the investigation into the disappearance of Madeleine McCann contains the suspicions of crimes of homicide, exposure, abandonment and concealment of a cadaver.

Those were the criminal indices that were imputed to Gerry and Kate and over which they were made arguidos. The ruling, dated April 29, and emitted by the Relation Court of Évora, concerns the Public Ministry’s request to gain access to the SMS and MMS messages that were sent and received over ten different telephone numbers, before and after the disappearance of the English girl.

The judge said no, and the superior judges have confirmed the decision that had been made by the First Instance at the Portimão Court, that the PJ would only have been able to access those elements if they had requested real time listening operations. This means that for the text messages that were sent and received before the 3rd of May, the authorities should have requested that type of operation to collect evidence even before the child disappeared.

According to the ruling, the PJ and the Public Ministry had requested the three national mobile phone operators (TMN, Vodafone and Optimus) to send them, on a digital medium (CD or DVD), the complete listings of the telephone traffic of calls that were made and received during the period of time that is comprehended between the 28th of April, 2007, and the 9th of September, 2007.

They also wanted the cellular positioning of the devices and the trace-backs (which allow for the devices to be localized, and to be included into a certain radius during precise time periods), as well as the roaming calls.

The authorities have supplied the judge with ten telephone numbers that should be verified, and also requested another number to be identified. From that number, Gerry had received 14 text messages and another four messages on the day that followed Madeleine’s disappearance, the contents of which the investigators wanted to know. The judge has not accepted the request.

Fundamental forensic evidence

The arrival of the first forensic results was fundamental for the turnaround in the investigation. It was based on that initial data from the English laboratory that the investigators constituted the McCanns as arguidos. The parents stopped being victims and became suspects, in a climate of great tension. The report that stated that the residues that were found in the car that was driven by the couple, matched the genetic profile of the English girl, was important. But the data was not determinant.

Gonçalo Amaral spoke about death

Gonçalo Amaral, the coordinator of the Polícia Judiciária in Portimão, who was in charge of the investigation into the disappearance of Madeleine, has always defended the thesis that the little girl died on the 3rd of May. The investigator, who has in the meantime distanced himself from the police force and now prepares to write a book, believed that the child died on the evening of the disappearance, in a domestic accident, and that her family proceeded to conceal the cadaver. In his book, he promises to divulge details from the process that are still not known.

Investigation runs into the reconstitution

The reconstitution of the moments that preceded the disappearance of Maddie, on the 3rd of May, 2007, is not going to take place anymore.

The diligence was scheduled for tomorrow and Friday, but the announced absence of four friends of the McCann couple, whom were on holidays in Praia da Luz in May last year, has prompted the Republic’s General Prosecutor Office to cancel the reconstitution.

The diligence was ‘annulled’, the PGR [General Prosecutor’s Office] has confirmed in a note. It is recalled that Kate and Gerry showed themselves available to take part in the reconstitution of the disappearance of their daughter Maddie, but their friends questioned its validity and the procedure that had been proposed.

According to what the spokesman told Lusa, ‘it is not for Gerry and Kate McCann the fulfilling of the reconstitution because they are arguidos, and if their presence is requested, they will go, they have to’.

Clarence Mitchell ‘blames’ the friends, whom he understands to have ‘the right to question the utility of the exercise, and whether it’s going to help to find Madeleine McCann: the answer at the moment seems to be no’.

Prosecutors with different understandings

The prosecutor at the first instance and the one at the Relation Court have different understandings. The first one asked for access to the messages. The second one, a joint general prosecutor, defended the pure and simple uselessness of the appeal. The panel of judges confirmed his ruling.

 

[colomom]

http://www.24horasnewspaper.com/total.php?numero=2855&link=11

Copied from: http://www.the3arguidos.net/viewtopic.php?f=1&t=13866 (Thanks Li!)

Afraid of being constituted arguidos

The other two couples that left the children in the Ocean Club were afraid by the fact that the Portuguese law previews a penalty till 10 years in jail to those that abandon minors

Text Carlos Tomás

Two couples refused to return to Portugal to cooperate with the PJ in the reenactment of the 3rd of May of 2007. Amongst the motives to refuse, the 24 Horas discovered that it was the fact that Jane Tanner, Russel O'Brien, Rachel and Matthew Oldfield were afraid of being constituted arguidos.
From the group of nine people that dinned in the Tapas Bar in the night of the disappearance, apart from Maddie's parents these were the couples that had children. And also them left the children alone in the apartments of the Ocean Club - according to the article 138º of the Penal Code, that constitutes a crime that can be punishable with ten years in jail.
"They made several demands, from a special airplane to a five star hotel. The last that they demanded was not to be constituted arguidos, whilst the McCanns demanded exactly the contrary. According to our law that is impossible to guarantee", explained to the 24 Horas a judicial responsible connected to the process.
According to testimonies collected by the PJ in the Tapas Bar, only Russel O'Brien and Gerry McCann left the restaurant between 19,00 and 22,00 hours the period that the authorities believe the child went missing.
"The refusal of the friends to return to Portugal is unbelievable. Only three said they would come", David Payne, Dianne Webster and Fiona, said the same source.
To note that the depositions of Fiona Payne and her husband are considered fundamental to elaborate the accusation that is almost concluded.

Facts

Calm

Diane Webster, 63 years old, was the most calm person of the group. After Kate entered the Bar screaming "they've taken her", she was calm and serene.

Reservation

The reservation of the apartments of the Ocean Club - made through the Internet - was done by David Payne one of the witnesses that was available to return to Portugal.

Three consistent versions

The investigators of the PJ that are conducting Maddie's case, coordinated by Paulo Rebelo and Guilhermino Encarnação, already analysed the principal depositions collected in Leicester, England. The ones that have consistency, are the ones of David and Fiona Payne and Diane Webster, the 24 Horas discovered. All the other depositions present several contradictions or did not advance anything important to the case. However the depositions of more than 50 persons that spent holidays in the Ocean Club in that date and live in England, are still being analysed.
According to the depositions of these three friends of the McCanns from 18,00 hours onwards none of them saw Maddie, although she was extremely active and liked to be with the group. The only person that says that went to see the child after 21,00 hours is her father Gerry that confessed that he was talking for several minutes with a friend near the door of the flat and after that only his wife Kate that gave the alarm of the disappearance after 22,30 hours. The authorities were only called near 23,45 hours.