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[colomom]

In Correio da Manhã this morning – main article (paper version, no link):

Translation thanks to summer: http://helpmadeleine.proboards79.com/index.cgi?board=general&action=display&thread=1143&page=8 Post #109

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Suspicion – PJ Investigators do not believe in abduction

Archived with a homicide stamp

The process awaits evidence to accuse, but Public Ministry maintains catalogue of violent crime and concealment of cadaver

The process about the disappearance of Maddie is recoiling into the archives of the Portimão Courthouse for now, through a decision from the Public Ministry, but it will remain classed by the appointed prosecutor, Magalhães e Menezes, as a case of qualified homicide and concealment of cadaver. Although the McCanns lose their arguido status, the archiving does not erase the PJ’s suspicions against the couple.

Until the moment when the judicial secrecy runs out, on the coming 14th, the investigation will not be able to reunite sufficient evidence for the Public Ministry to accuse the two main suspects in the case. The PJ was under no obligation to make a final report at this stage of the inquiry, but for reasons of process management, e largely due to the media impact of the case, it is forced to suggest an archiving of the process – which thus remains awaiting better evidence.

The convictions of the investigators about the events of that evening, in Praia da Luz, are maintained and the process can be reopened by the Public Ministry at any moment – as soon as any significant advance is made by the Judiciária.

At this stage, when the opening of the process for the parties is inevitable, a source at the PJ sees a positive side, as well as a negative one, to the ending of the judicial secrecy. “if on one hand the main suspects now will have access to all of the elements that exist in the investigation; on the other hand, publicity may bring forward new elements, like witness statements.”

The PJ and the Public Ministry based a considerable part of the investigation on the access to the 14 messages that Gerry sent during the hours before and after the crime, as well as on the localization of the girl’s father’s mobile phone during the evening of the 3rd of May 2007. Neither the court in Portimão nor the Appeals court in Évora accepted the evidence, although the Public Ministry insisted on the suspicions of a crime of homicide.

 

[colomom]

Expresso, 2 July 2008, 20:36
http://aeiou.expresso.pt/gen.pl?p=stories&op=view&fokey=ex.stories/357967

Copied from: http://helpmadeleine.proboards79.com/index.cgi?board=general&action=display&thread=1143&page=14 Post #203

Speaking of Archival is "absolutely premature"

The Attorney General , Pinto Monteiro, emphasized that "there is no archival", much less is the PJ report concluded that "is (still) going to be analyzed and studied"

The Attorney General today considered it "absolutely premature" for someone to say, at this time, that the so-called Maddie case will be archived, [referring to] the British girl missing from the Algarve May 3, 2007.

"To speak of archival at this moment is absolutely premature," Pinto Monteiro told journalists at the end of a welcoming ceremony of the new Public Ministry magistrates...

Pinto Monteiro emphasized that "there is no archival", much less is the PJ report concluded that "is going to be analyzed and studied", being that "there is only an archival when the Public Ministry says there is archival."

The Attorney General excused himself from speaking of the contents of the report, given that he hasn't yet read it, according to what the journalists have indicated.

Confronted with the fact that the investigators did not unravel the mystery of the Madeleine McCain(sic) disappearance, Pinto Monteiro stressed that, around the world and from the beginning of time, "there are crimes that you solve and others that you don't solve," observing that it is "impossible [to have] a penal justice in which all the crimes are solved."

The Attorney General also noted that this type of crime is "extremely difficult to resolve" explaining that, worldwide, approximately one million children go missing each year, and 80% of these cases are left open.

As for criticisms made regarding the investigation of the "Maddie case", Pinto Monteiro justified that "criticisms are easy to make" and that, in Portugal, "there is nothing that isn't criticized."

"Every investigation in the world is the target of criticism when they don't have results" ....

(continues on about several other subjects)

 

[colomom]

In Destak (http://www.destak.pt/docs/581/lisboa-957.pdf) today:

Copied from: http://helpmadeleine.proboards79.com/index.cgi?board=general&action=display&thread=1143&page=19 Post #278

Madeleine case – Final report allows for an accusation that may lead to a prison sentence between two and five years

PJ admits [possibility] of accusing Kate and Gerry of abandonment

If the death was proved, the McCanns could be subject to a sentence up to 10 years, according to the penal frame for the crime of abandonment.

Exactly one month ago, the main individuals connected to the investigation into the disappearance of Madeleine McCann met in an office at the Public Ministry in Portimão. Paulo Rebelo, the coordinator in charge of the case, Guilhermino da Encarnação, the joint national director from Faro, and Tavares de Almeida, the inspector in charge of the process, participated in the meeting.

According to what ‘Sábado’ was able to establish, the General Prosecutor from Évora, his joint prosecutor, the prosecutor from Portimão, and Stuart Prior, the head of Leicester Police, were also present. The meeting’s sole objective was to define the strategy that may culminate in a formal accusation against Gerry and Kate McCann over exposure and abandonment.

PJ tries to prove couple’s behaviour

The PJ’s final report, which is over 100 pages long, was concluded over the last few days, and according to a police source that was contacted by ‘Sábado’, is “purely factual, objective, non-directional and without suggestions”. In other words, a summary of facts that won’t allow for the Public Ministry to go any further beyond “exposure and abandonment”. A crime with a penal frame which, aggravated by the action from a parent or tutor, varies between two and five years of prison.

The strategy will pass through proving that the behaviour of the child’s parents (that was left alone with her younger siblings while her parents dined with friends in a restaurant on the opposite side of the swimming pool) propitiated her disappearance – independently of the occurrence of other crimes, like kidnapping or homicide, for which the PJ failed to obtain evidence that could be sustained in court.

If they had appeared, even not implicating the parents directly, the penal frame for the same crime would be of eight years in prison, in the case of physical harm, or 10 years, if death were proved.

The McCanns’ Portuguese lawyer, Rogério Alves, guaranteed that he will wait with serenity for the contents of the report. “The couple’s problem was that they lost their daughter and spent months hearing that they were involved”, the lawyer said, little surprised about the suspicion of exposure and abandonment. “After all that we saw, it would be strange if it weren’t that way.”

 

[colomom]

In 24Horas (http://24horasnewspaper.com/total.php?numero=2884&link=08) this morning:

Copied from: http://helpmadeleine.proboards79.com/index.cgi?board=general&action=display&thread=1143&page=20 Post #287

McCann Hired More Private Investigators

Detectives “by the dozens”

As soon as the judicial secrecy is lifted, the new investigators at the McCanns' service are going to follow leads the PJ could not investigate

Apart from the already known investigators of Metodo 3, the McCanns employed more private detectives through other agencies. They have, inclusively, a team of agents from a firm with headquarters in Great Britain, Clarence Mitchell, the spokesman for Madeleine's parents, confirmed to 24Horas yesterday. In total, the private investigators amount “to the dozens”, he said, without detailing the total number. “We are going to extend and deepen the investigation where it is necessary. As soon as the information that is in the process will be freed from judicial secrecy, both in England and in Portugal, our detectives are going to check and re-check the data that the Polícia Judiciária worked upon. They will also be able to operate in several countries more swiftly than the PJ”, he explained. Mitchell underlined that this is not a “criticism of the Polícia Judiciária”. After all, “just like the English police, the PJ is also conditioned by the communications that they have to make to Europol and to Interpol, and by the lack of means”.

The Metodo 3 agency has not been receiving the generous monthly payment of 50 thousand pounds (63 thousand euros) for a long time. The Spanish detectives now receive 8 thousand pounds per month (10 thousand euros). “Metodo 3 only received 50 thousand pounds during the summer of 2007, when the detectives had to stay in the Algarve to collect information”, Mitchell clarified. Brian Kennedy, the millionaire who is a friend of the McCanns, has given another donation to the FindMadeleine Fund in order to pay Metodo 3, Mitchell added further.

British press razes Portuguese police

In Great Britain, yesterday’s newspapers razed the Portuguese authorities when they heard that the Maddie process could be archived by the Public Ministry. In the ‘Daily Mail’, columnist Allison Pearson wrote, with a front cover appearance: “If the Portuguese police had a shred of decency they would now make a public apology to Kate and Gerry”. Tabloid ‘The Sun’ put the issue on their front cover: “The police quit searching for Maddie and we say… now clear the McCanns“. The ‘Daily Mirror’ placed the title on page 7, citing Clarence Mitchell about the archiving of the case: “We believe that it is true… No accusation will be brought against Kate and Gerry“.

In Queen Elizabeth II’s land, the PJ’s image lies in the mud.

Irishman may still be questioned

The Portuguese authorities failed to request Eurojust (which establishes the connection between the European public ministries) or the British authorities to hear the Irishman who said he saw Gerry McCann carrying a child at around the time when Madeleine allegedly disappeared, on the 3rd of May 2007, from an apartment in Praia da Luz, near Lagos, Algarve. A senior official at the Public Ministry confirmed, as 24Horas reported yesterday, that the request was never formalised with the Irish authorities: “Just one rogatory letter was sent to England and over fifty persons were questioned. “

But according to the same source, given the fact that the new depositions yielded nothing relevant for the investigation that had already been developed, the judicial decision about the case is still pending.

“The process is being analysed. These are thousands of pages that must be read. Naturally, if at the end of said evaluation the questioning of the Irish citizen is considered relevant for the discovery of the truth, the corresponding hearing will be requested“, the official from the Public Ministry said.

 

[colomom]

Report: Month-long Tests Only yielded Maternal Family Lineage

Kates DNA Frames PJ

The existence of Madeleine's hairs in the boot of the car rented by the parents three weeks after the crime, near the substitute tyre, it’s considered as highly probable by the PJ. But the investigation was not able to prove that those traces belonged to the child: the hairs have no root ends, the CM established, and the final report of the laboratory of Birmingham – of the DNA mitochondrial tests - only guarantee that someone of Kate's lineage was inside the boot of the car.

The Renault Scénic, remember, was rented by the McCanns three weeks after the disappearance of their oldest daughter. Therefore, any evidence that could prove her presence in the car would tie the parents to the crime. The simple detail of the hairs found in the boot having no root ends, where the nucleus of the cell is, does the whole difference. Because if they had [root ends], "the nuclear analysis in any world laboratory would give 99,9 per cent of hypotheses of a hair to belong to a determined person", advanced a specialist to the CM. In this case, of Maddie.

The experts as such were obliged to resort to the mitochondrial analyses, which can only give certainties of the hairs belonging to a motherly lineage: Kate or one of her three children.

The Judiciary Police use of the sophisticated technology of Birmingham’s Laboratory had to do with the minuscule dimensions of the stains in the walls of the couple’s apartment and in the car. The Low Copy Number technique enlarged in million times the DNA chain, but, from then on, the cellular matter revealed signs of different persons. Indistinguishable [persons].

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

Copied from: http://www.the3arguidos.net/viewtopic.php?f=1&t=17232

~~~~~~~~~~~~~~~~~

In addition: (from http://joana-morais.blogspot.com/2008/07/report-months-of-tests-only-gave.html)

An explanation in layman's terms about Mitocondrial DNA by Chrish

A normal cell carries two types of DNA - some in the nucleus which essentially describes the person, and this is made up of the father's nuclear DNA from the sperm and the mothers nuclear DNA from the nucleus of the egg. This is what they try to use to match the cells - and of course the nucleus needs to be there and intact for a full match. This DNA profile is unique to an individual.

The second type of DNA is called mitochondrial DNA. This does not live in the nucleus but is in the cell in a part called the Mitochondria. This is used as the powerhouse of the cell, it keeps the cell going and generates a lot of the proteins etc.


This DNA does not come from the father - there is no room in the sperm for it - it all comes from the mother as part of the egg. It has been used to examine lineage over long periods of time but only relates to the female lineage (so even a male has only female mitochondrial DNA).

I'm guessing the next bit:

The hairs would only yield the mitochondrial DNA because as the hair is produced the nuclear DNA is destroyed, somehow the mitochondrial survives. Only a full, live cell such as the hair follicle would yield the nuclear DNA.

 

[colomom]

Gonçalo Amaral in an interview to Expresso

“Since the day that I left I knew the process would be archived”

The former inspector reveals some secrets from the investigation into the Maddie case. He guarantees that the process contains evidence, not personal convictions, and he reveals that Paulo Rebelo, his successor, never contacted him to talk about the case. When asked about what he would say to Gerry and Kate McCann, today, he replied: “I’m worried about the girl, not the parents”.

Your name and your career will remain connected to the Maddie case forever?

I’m not worried about that. I have always worked in a team, with the preoccupation and the goal of reaching the discovery of the truth. No policeman likes to leave a case halfway through.

Was that what happened with this investigation? Is it left halfway through?

Not according to my will.

Have you agreed with the decision of the former director of the PJ, who removed you from the case?

No. It’s an unfair and dangerous decision. I was not removed from the investigation due to incompetence. I left because of the direction that the investigation was taking. But the strategy was not decided by me only. It was everyone. It involved the English police and other Portuguese policemen. And what was being investigated, was the little girl’s death, even an accidental one.

After you left, was that course maintained?

I don’t know. I’m very naïf and I want to believe that my exit from Portimão had the purpose of advancing the investigation, because the person that took over is much more efficient.

Do you believe that Madeleine McCann died in the apartment on the evening of the 3rd of May?

Yes. That is what I and other persons believe in. And this is not because we idealized it that way.

Is there evidence to sustain that thesis?

I can’t enter any details of the process. I will only say this: I am certain that I, and the persons who worked with me, did a good job and I doubt that anyone else could do better. Some day, people will see the process, they may agree or not, but there is nothing in there that questions my professionalism.

Was the investigation’s direction, homicide, disturbing the political power?

This case was more political than a police case.

Did any politician pressure you?

I was not pressured, I was removed.

If there was a homicide, where is the body?

That was what we were going to establish next. On the day that I was removed, I was carrying out diligences for a fundamental witness to come to Portugal. It was necessary for the PJ to pay for the trip, to arrange for lodging, and that was being taken care of. But then the important witness never came to Portugal and was never heard.

But why? Why was an exception opened? The English police was used by the McCanns to send the PJ information that often was nothing but noise?

Yes. And the fact that the couple had a press advisor, is a figure that is not even foreseen in the penal process code. In some way, we were all influenced by the campaign that was built, which said that the child is alive and must be found. I don’t say that the English police was being ordered around by the McCanns, but it was influenced, like we all were. The PJ should have found a way to protect the investigators from everything else.

That is strange: you say that it was established with the English police that the direction that should be followed was the little girl’s death, that there were enough indices, but there seems to have been an inflexion.

Yes. And I was removed. I don’t know whether there is a direct connection. I know that colleagues from the investigation have requested the police’s directory for a syndication, to see whether the work was badly done. Whether mistakes were made.

Do you believe that you reached the truth?

I am convinced that we were on the right path and that we might end up knowing everything or not, but a great part. Now, that which we have collected and which we consider to be indices, may not be valued in the same manner.

One of the criticisms is that the results from the months when you were leading the investigation are lots of convictions and zero evidence. Do you agree?

I was the coordinator of the investigation from 3 May to 2 October. Five months. After me, there came other people that have been there nine months. I am not comparing, but we were professional and I’m not ashamed of anything. And when the process is public you will see if it is true that there is nothing. There are indications and they are in the files. We did hundreds of interviews and searches. Thousands of diligences and from that there are no results? The little girl went up in smoke?

Did the theory of the death of the child continue to be followed after your exit?

I don’t know. I can say that ever since that day I knew the process would be archived.

That being so, is there still a death to be resolved?

There is. And diligences to be completed.

Who made the decision to constitute the McCann’s arguidos?

Everyone. And the national director was informed of all the decisions.

Alípio Ribeiro agreed with the decision?

Exactly.

But then he ended up saying that the decision was hasty.

Hasty? Four months later? When there were concrete diligences that reinforced some of the indications? While we waited for results of various tests? And beyond that, in our law there exists the principal of no self-incrimination. A person can’t continue speaking forever as a witness and providing evidence (“indications”). There is certainly a stigma in the arguido status, but I don’t know what is worse. They were made arguidos, this was public, for simulating a crime and hiding a cadaver.

Do you think that you made any mistakes?

I made one. The error of the first hour. There are things about which I still can not speak. But we know that there are things which could have been done in another way. No one should be shocked if we begin, immediately, to wonder if the parents were involved.

After leaving the investigation, did you ever speak with your successor, Paulo Rebelo?

No. It is an interesting question to consider. If they removed me for the barbarity of speaking to the press, and not for incompetence, it would be normal to be consulted. But this never happened.

If, as all seems to indicate, the case is archived, the public is going to hold the Portuguese police responsible. How will you react?

Archival is not a declaration of innocence. A process can be archived and reopened. The archival of this case could be the declaration of some incapacity of the police, or it could have a different meaning.

What would you say to Madeleine’s parents?

I have nothing to say. My overriding preoccupation is with the little girl, not the parents.

Translation by Summer and Debk
Source: Expresso

 

[colomom]

Report of PJ Discards Kidnapp Theory

CM reveals content of the document

The main argument against the kidnapper entry through the apartment's window was given by the parents.
Window to small to pass the child through it
Group Witness Contradicted

Main Topics

English Lab withdrew the final results
Dogs scented blood in the house and in the car
Kate and Maddie Clothes had cadaver odour
McCanns Neighbour heard Child crying for more than one hour

From: http://helpmadeleine.proboards79.com/index.cgi?action=display&board=latest&thread=1166&page=1 Post #1

 

[colomom]

The animals detected cadaver odor in the apartment, the stuffed animal and Kate’s clothes

DOGS DECISIVE FOR PJ

British animals [both] agreed on the scent of “indications” in various places and objects

The alerting of the British dogs specially trained to detect cadaver odor and human blood was decisive in making Kate and Gerry arguidos.

Faced with the coincidence of the alerting of both animals, which signaled the same locations and objects related to the McCanns, the authorities were obliged to admit a possible involvement of Kate and Gerry in the disappearance of their daughter and to make them arguidos in order to confront them with evidence which could result in their incrimination – for, as [merely] witnesses, they could not opt to remain silent.

According to what CM has discovered, in the final investigation report produced by the PJ the investigators explained that the animals only gave their detection signals in places and objects related to the McCanns: in the apartment where Madeleine disappeared (in the parent’s bedroom, the living room and next to a side window), in the back patio, the family’s car (rented 24 days after the girl disappeared), two pieces of Kate’s clothes and Maddie’s stuffed animal – the one Kate never released in the days following the disappearance.

In the McCann’s friend’s apartments, in the Luz village and in all the vehicles used by Robert Murat, the first to be made arguido, nothing was found by the dogs.

Given these indications, reinforced by other detailed tests done in Portugal and England, the PJ interrogated Kate and Gerry and made them arguidos.

The animals, Springer Spaniels, are heavily used in the UK in the search for missing people or homicide victims, with positive results.


KATE JUSTIFIES DEATH ODOR

Kate McCann didn’t negate the fact that her two pieces of clothes and the stuffed animal had been signaled by the English dogs trained to find cadaver odor and justified it by her profession. Madeleine’s mother alleged that as a doctor at the Leicester health center, she was present at six deaths directly before she came to Portugal on holiday, giving the same excuse for Madeleine’s stuffed animal, that was with her in the months after her daughter disappeared.

VESTIGES OF A CRIME

Two specially trained dogs, used as criminal investigation assistants, detected cadaver odor in the McCann’s bedroom, the living room, Kate’s clothes, the girl’s stuffed animal and the car key, as well as spots of blood in the boot of the car and the apartment living room.

From: http://helpmadeleine.proboards79.com/index.cgi?action=display&board=latest&thread=1166&page=1 Reply #1

 

[colomom]

Main Article : PJ couldn’t find child’s body

INVESTIGATION REVEALS ABDUCTION IMPOSSIBLE

Final report describes dozens of diligences and unravels incongruences in the theory proposed by Maddie’s parents

Thirteen months after Madeleine disappeared, the PJ ended the investigation that continues to be marked by uncertainties. The final report, the CM today exclusively reveals, does not determine guilt but leaves new and strong doubts about the theory presented by the English child’s parents. It describes in great detail the diligences done by the investigators – who tried, in every possible way, to confirm their hypothesis – and reveals that it was theoretically impossible to have happened. The witnesses don’t make sense, especially not the way that one of the friends said she saw a man carrying a child almost an hour before the alert about the disappearance occurred. This would be Jane Tanner, who guarantees she surprised the unknown man in a street where Maddie’s father and another witness also were. Both guarantee that they saw nothing, even though they were in the same line of sight. Tanner, who much later made a photofit of the supposed abductor, also said that the man carried the child in a horizontal position. The size of the window reveals that this could only have happened if the child were carried vertically.

Being that as it may, the PJ tried through all possible means to find who could have taken Maddie. They did dozens of diligences related to suspects of sexual abuse. Elements were collected about those registered that could have been on holidays in the Algarve during that time period, in order to verify if there could have been any connection with little Maddie.

In addition, all the other residents of the village were investigated. The PJ entered more than 400 houses surrounding the Ocean Club and found nothing. On the window where Kate guaranteed that Maddie was taken no vestiges of the girl were found. Only marks that confirmed the DNA of the girl’s mother.

The PJ’s final report shows the details of an investigation that reached unprecedented levels. A couple was investigated that had allegedly tried to abduct another child, a fine toothed comb was used to research the clues that Maddie had been seen at a gas station. A crematorium was searched and Maddie’s genetic profile was compared to that of a child’s body found on the coast of the United States.

The PJ investigated a supposed beggar and followed thousands of clues around the world. In vain. Nothing confirmed the proposed abduction theory.

Translation by dear and fast and superb and fantastic Debk (From: http://helpmadeleine.proboards79.com/index.cgi?action=display&board=latest&thread=1166&page=1 Reply #2

 

[colomom]

Change of Versions: Laboratory no longer was certain

ENGLISH RETREATED ON THE EXAMS

They said the vestiges were compatible with Maddie’s DNA, then later denied it.

Dog’s indications were not corroborated by science

It was the strangest about-face in the investigation. The first exams done by the English laboratory, a pioneer in the analysis of biological vestiges, said it was probable that the residues collected in the McCann’s car were compatible with Madeleine’s genetic profile.

Months later – after the PJ had made the parents arguidos, according to the final report only because of indications that they had hidden the child’s body – the laboratory ended up correcting their initial information. In the end, the exams of the vestiges collected from the Renaul Scénic rented by the McCanns were not conclusive and it wasn’t even possible to determine the quality of the material, that is, to know whether it was bodily fluid or vestiges of blood.

This scientific alteration, still not completely clarified, ended up leading the investigation to a dead end. The utilization of the dogs that detected cadaver odors and blood are not valid within the Portuguese judicial system and it was necessary to scientifically corroborate the dog’s detections.

The PJ’s decision to send the analyses to England was based on a question of credibility. The investigators didn’t want the results to be disputed by the English, accepting therefore that the vestiges should be analyzed in that country.

USELESS TRIP TO ENGLAND

In April of this year, Paulo Rebelo and two of the investigators for this process who were trying to understand the puzzle of Madeleine’s disappearance went to Leicester to interview the British who spent holidays in Praia de Luz with the McCanns. From the final report, we now know that nothing conclusive was discovered from these interrogations.

The PJ maintained the same close collaboration with the local police, but from the depositions they brought nothing new. The McCann friends limited themselves to confirming what they had said in the earlier interviews and the PJ left with empty hands from that city just north of London.

CHANGES

Paulo Rebelo, the new leader of the investigation after Gonçalo Amaral's exit, was at the Ocean Club several times, from which were collected a variety of vestiges. He was also in England, where he heard testimonies.

NUMBERS

443
door to door interviews at Ocean Club apartments, done by the PJ, are part of 2000 diligences, formal and informal, undertaken during the investigation

134
village employees were heard by the inspectors in the days following the crime. The PJ also spoke with the 12 GNR officers that went through the apartment on the night of 3 May.

130
police and civil guard workers were involved in the first 24 hours of the search. On the following day, this number increased to 300.

188
garbage bins were searched with a fine-toothed comb in Praia da Luz, Lagos, in an attempt to find Madeleine's body.

30
square kilometers is the area covered in searches by all the land forces during the first days, in addition to the Maritime Police.

From: http://helpmadeleine.proboards79.com/index.cgi?action=display&board=latest&thread=1166&page=1 Reply #3

 

[colomom]

Pamela Fenn remembers hearing the child uncontrollably crying

Madeleine parents never contradicted that it was already a habit for their three children to be all alone inside the Praia da Luz apartment while they dined; a fact corroborated by several witness statements - the Oceans Club employees.

Although the parents defended themselves by stating that they visited the children every half an hour, every night, the witness statement of neighbour Pamela Fenn crumbled the McCann couple’s version, when she guaranteed to the PJ that she had heard Maddie crying out loud for one hour and fifteen minutes, two nights before the crime. The British woman lives at the first floor, just above the apartment rented by the McCanns and she told to the inspectors, that on the night of the 1st of May, at 22:30, she heard a child crying, and by the sound it was Madeleine.

She guaranteed to the Judiciary Police that the child was uncontrollably crying for one hour and fifteen minutes, until the parents arrived. The neighbour heard the noise of the door at 23:45, when Kate and Gerry ended their usual gathering with their friends at the Tapas Bar – the Oceans Club restaurant at the pool side, where they had dinner daily. This testimony contradicts the daily routine of visits that the couple declared to have with their children – and the McCanns are not free from criticism by another British woman. Yvone Martin, a British Social Care worker at holidays in Luz, who also blamed the McCanns negligent behavior.

From: http://helpmadeleine.proboards79.com/index.cgi?action=display&board=latest&thread=1166&page=1 Reply #4

 

[colomom]

Correio da Manhã, print version, 5 July 2008, page 5

Copied from: http://helpmadeleine.proboards79.com/index.cgi?action=display&board=latest&thread=1166&page=1 Post #6

Judiciary Report
Francisco Moita Flores


The speculation surrounding the final report of the Maddie case would like to make one believe that the upcoming archival means the PJ have persecuted the child's parents without reason. This is a manipulated falsehood.
The final report of any process does not find innocence nor guilt. Doing this is beyond the reach of the PJ. Their responsibility is just to describe the facts and relationships with the people involved.

The report will narrate all the activities completed since the night of 3 May. It will tell which diligences were done, reveal the steps that took them to constitute as arguidos several players in this story. It will vigorously present the references for the searches, the tests, the diligences with the dogs, the activities done abroad to find the child, the news from the papers, the witnesses who directly or indirectly were involved in the case, the reconstitution of which so much was spoken and never was done. It will describe the facts.

The Public Ministry will have to say whether there was abandonment of minors, whether or not the process should continue with more diligences, or conversely, further develop the homicide theory or, finally, archive with no further delays.

 

[colomom]

PJ INVESTIGATES TRANSPORTATION

One of the slowest pieces of the investigation was to collect and analyze all information relative to possible means of transportation/escape, by land, sea or air. In addition, all the images collected from tourists on holidays at that time, but, once again, nothing was found. This information was all compiled in an appendix attached to the process, with another containing just information on those suspected of sexual crimes. The PJ also created a dossier of all individuals with a history of violent crimes, with their lives being examined to the tiniest detail. It was important to determine if they could have had any connection with the abduction.


TIMELINE

11 August: Death
100 days after Madeleine's disappearance, and after the search with the English dogs, the investigators publicly admit that the child could be dead

7 September: Arguidos
Based on the results of the scientific team, Kate and Gerry McCann are interrogated again by the PJ and made arguidos

29 November: DNA Tests
Portuguese and English technicians meet at the Leicester Police headquarters to debate the results of the DNA tests collected during the investigation

20 January 2008: Photofit
The McCanns release a photofit based upon witness statements. Later they will admit that the man in the drawing was not involved in the crime

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[colomom]

Direct Speech

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Gonçalo Amaral Former coordinator of the Madeleine McCann
Process, interviewed by TVI

‘’I was Kicked in the Butt”

Are you convinced that Madeleine McCann is dead?

Gonçalo Amaral - I do have that conviction. It is an interpretation in the light of the Law based in concrete elements, with the knowledge that I have of the inquest and of the diligences done. Yes, I am convinced that she died there.

If the father and the mother were constituted as arguidos it’s because they were suspects?

GA - They were suspects and there were evidences for them to be constituted as arguidos, actually, strong elements relatively to two types of crime: hiding a cadaver [corpse occultation] and simulation of a crime [faking the crime of kidnapping]. That was public and at the time that I left the investigation that was the situation.

And the crime of abandonment, for what reason aren’t the parents accused?

GA – The issue there is to know if the children were safe or not. For me it’s evident, even because the parents talked about kidnapping, that there was no safety.

Don’t you feel frustrated as the case isn’t moving forward?

GA – I do not feel any frustration over the decisions made in courts. I have been around for many years and I do have a great admiration for the magistrates. I understand up to where the work of magistrates can go.

However you don’t understand why you had to leave?

GA – No, not that. I respected the decision as a professional. There was an understanding between the Portuguese and British authorities that the girl was dead and that there was a need to solidify the evidences that existed and move forward to try to understand where she could be.

Do you believe that the PJ’s reaction had to do with the politization of the case?

GA – I believe that there was more politics than police [at work]. But on the field we did our best and we never felt any defence [probably meaning defence by the Director of PJ towards the ongoing attacks].

Do you think that it is normal for the case to be archived?

GA – It doesn’t shock me.

For more see: http://gazetadigitalmadeleinecase.blogspot.com/2008/07/gonalo-amaral-and-madeleines-case-there.html

 

[colomom]

Maddie Case - Final Report – ‘CM’ exclusively reveals all the steps of the investigation

English combined depositions

The Polícia Judiciária apprehended a memo that was typed by the McCanns and their friends, which describes in detail what each one of them did on the evening of the disappearance

Article by: Eduardo Dâmaso/Tânia Laranjo

The Polícia Judiciária calls it a “typed report”. It was appended to the process with the number 886 and elaborated by the English before they were formally questioned by the Polícia Judiciária from Portimão after Madeleine’s disappearance.

For the authorities, the minute manner in which the description was made reveals that the group of English people intended to “remember the steps that they made on that evening”. They described the facts, temporally and spatially, and those were the details that they revealed to the investigators.

Everything in an absolutely coherent form, closing the door to emotion. It is never explained, for example, how the group, that also had their children asleep in their rooms within the resort, never followed the instinct of confirming whether they were safe, after Kate launched the alert over her daughter’s disappearance. They came looking for Maddie, but failed to check if their own children had been abducted.

This document is considered important and was taken into account in the final report, whose contents CM reveals in an exclusive. It is fundamental as far as it has removed any spontaneity from the depositions made by the English, including the McCanns, whose description of the hours prior to the disappearance were fundamental for the investigation.

The final report contains a comprehensive description of the routines and of the last moments when Madeleine was seen alive, in order to clarify doubts and to try to overcome apparent incongruities.

Gerry McCann guarantees that on that day – and contrary to what was usual – failed to accompany his friends during the afternoon snack at the beach area. Only the McCanns returned to their apartment earlier, as confirmed by the surveillance cameras at the restaurant where the friends were.

The father assured that they collected their children at the crèche at around 5 p.m. and that on that day they immediately went to their lodging with the children. At 7.30 p.m. they put them to bed, and around 8.30 p.m. they left for the Tapas bar, which is located near the resort’s swimming pool.

Around 9 p.m., Gerry guarantees that he went to check on his children: but he failed to enter Madeleine’s bedroom and only later gave importance to the fact that the door was more open than he had left it. The alert to the little girl’s disappearance was given at approximately 10 p.m., and one hour later the GNR was informed about the event. The English guarantee that they only alerted BBC at around 2 a.m.

Passional crime was equated

Apart from abduction, the PJ followed other leads. One of them was the possibility that a passional crime had taken place. In the final report, the investigators remember that they studied the possibility that the abduction was due to a vengeance against the parents. Nothing was discovered in that sense either, despite the fact that the life of the McCanns and the other English people was investigated.

Details

Several interrogations – In their final report, the PJ stresses that the English were comprehensively questioned in detail, on several occasions, with the purpose of collecting all the elements that were deemed relevant.

Testing details - From the analysis of the interrogations, the PJ mentions in their final report that there were “important details that were not fully understood and integrated”, which, according to the PJ, needed to be “tested and connected on the location of the event”.

Four questions that remained unanswered

In its final report, the PJ lists the four questions that it would like to see answered during the reconstitution of the facts. A diligence that was not made because some of the English refused to return to Portugal.

The first one concerns the real and effective proximity between Jane Tanner, Gerry McCann and Jeremy Wilkins (a witness that stood talking to Maddie’s father at around 9 p.m.). It is mentioned in the report that it is “unusual” that Gerry and Jeremy failed to see the alleged abductor that was seen by Tanner, given the fact that they were standing within the same small space.

Another question that the PJ wanted to clarify was the situation of the window to the bedroom where Maddie was sleeping. According to Kate, it was open, but it was important to verify whether there was a draft that would allow for the curtains to move.

The verification of the manner in which the children were checked upon also seemed important. If it was as intense as the witnesses stated, it made the entrance of an abductor almost impossible, who could only pass with the child in a vertical position, not a horizontal one, as Jane Tanner says she saw a man with a child.

Finally, the inspectors wanted to know exactly what happened between 5.30 p.m. and 10 p.m. – the time at which Maddie was seen last, and the moment when the alert to the disappearance was given.

Captions of photos:

Gonçalo Amaral tried the reconstitution shortly after the facts. Then it was Paulo Rebelo’s turn to suggest it. It was never done, because the English didn’t want it

Gerry and Kate’s versions failed to convince the investigators

Other notes:

PGR [State Prosecutor] | Read the report already – Pinto Monteiro said yesterday that he has already read the final report, but excused himself from advancing what will be the Public Ministry’s dispatch, in a case whose secrecy may end as soon as this month

Concluded | No diligences – The PJ makes no suggestions concerning the manner in which the Public Ministry should act. It only says that it does not see any further diligences that could be useful to the investigation

Nothing new | English

The PJ says that the diligences that were requested through a rogatory letter, brought nothing new to the investigation. Which means that what happened on the evening of the 3rd of May was not established


Source: paper edition of Correio da Manhã, July 6, 2008

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[colomom]

In Correio da Manhã (http://www.correiodamanha.pt/notici...hannelid=00000009-0000-0000-0000-000000000009) this morning:

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Final report – CM reveals everything about the investigation in an exclusive

Irishman saw Gerry carry Maddie

Martin Smith, an Irishman, told the Polícia Judiciária that he saw a man carrying a child, that looked like Maddie to him, approximately around dinner time on the 3rd of May.

The deposition of the witness was collected right at the beginning of the investigation, but the lack of complementary elements about the individual who was carrying the child did not lead the investigators to other diligences.

Days later, already back in his home country, Martin Smith contacted the Irish authorities. He asserted that when he saw the case on television and at the moment when he saw Gerry’s face for the first time, when he was descending from an airplane, he had no doubts left. The man who carried the child on the day of the disappearance was her father.

The information was sent to the Portuguese authorities during a phase when the PJ still centered the process on the abduction theory. And, according to the final report, the lead was not followed up because at the time when Martin says he saw Gerry, the latter was having dinner at the Tapas Restaurant.

What the investigators established later on was that, after all, the reconstitution of the evening that was sustained by the group, was not straightforward. In truth, nobody knows at exactly what time each element of the group was present at the restaurant, given the fact that several of the English got up from the table in a more or less alternate manner during the dinner at the Ocean Club.

The PJ later equated the hearing of the witness through a rogatory letter. But the diligence ended up not being carried out, given the fact that without complimentary evidence, no results would be reached anyway.

The PJ’s final report, which CM has been revealing in an exclusive, also reveals that the niece of Pamela Fenn, the neighbour from the upstairs apartment that heard the child cry for over an hour two days earlier, was questioned. She says that on the morning of the 3rd of May she saw a stranger looking at the bedroom window, a man who was later identified as a gardener.

PJ report criticizes detectives

The final report from the Polícia Judiciária in Portimão, which points to the unavoidable archiving of the process, criticizes the private investigation that was developed by the McCanns with the help of Metodo 3. It forced elements of the PJ to follow many senseless leads. One of them, according to the report, concerned Gail Cooper’s deposition. The witness, who was heard by the British authorities for the first time, spoke of a beggar, whom she had seen only once, and who might have taken the child.

Months later, and already accompanied by the McCanns’ advisor, Gail Cooper stated that she saw the same beggar three times, after all. And that on one of the occasions, she surprised him looking in a “strange” manner at the children in Maddie’s group, when they were in a restaurant in Luz.

Jane Tanner, who initially also failed to describe the face of the man whom she stated she had seen that night carrying a child, guaranteed that after all he matched the photofit that had been made by Gail Cooper.

Meanwhile, the image was carried around the world and the PJ was forced to verify hundreds of leads that turned out to be false.

Other leads

Sightings

The sightings lead the PJ to the most distant places in the world. On the same day and at the same time, Maddie was seen over four thousand kilometers apart.

Traces of semen

On one of the beds in the room of the McCann couple, a residue was collected that initially was thought to be of semen. It turned out to be saliva and matched another child that had been in the apartment before.

Journalist heard

The Spanish journalist who guaranteed that he had relevant data for the investigation, failed to add anything important.

The friend’s contradictions

Jane Tanner says that she saw a man carrying a child. The photofit was then publicized all over the world.

Usage of the phone saved him

A witness heard Gerry saying “don’t hurt Maddie” on the phone. The PJ says that the mobile phone was activated in another area, at that time.

 

[colomom]

In 24Horas (http://24horasnewspaper.com/total.php?numero=2885&link=11) this morning:

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Gonçalo Amaral placed a strong bet on this witness

Irishman was already discarded

When he was discharged, the former investigator of the Maddie case was preparing to hear an Irishman, who was considered to be a very relevant witness. But the present investigators don’t give him credibility.

The statements from the Irish citizen who is considered to be a key witness in the Maddie case by Gonçalo Amaral, the man who lead the entire investigation, were not considered to be relevant by the investigators from the Polícia Judiciária who presently hold the process.

During the two depositions, both informal, the Irishman who is only known as “Smith” said that he saw the father of Madeleine McCann, Gerry, leaving the apartment in Praia da Luz, Lagos, Algarve, carrying a child on the day that the little girl disappeared. This, during the period of time between 6 and 10 p.m., precisely when Maddie disappeared.

“He was one of the witnesses that should be questioned within the rogatory letter that was sent to England. But, due to the fact that he is an Irish citizen, the authorities in Leicester, England, failed to contact him. The diligence was not deemed relevant, given the fact that he was informally heard at the beginning of the process and his depositions were highly contradictory”, a senior officer who is connected to the investigations revealed to 24Horas.

The same source specified: “First he said that he saw Maddie’s father leaving the apartment carrying a child. But during a second hearing he said he was not certain that it was Gerry who carried the child. He even said he could not assert whether said person was actually carrying a human being. This type of witness is not admissible in court and they do not deserve credibility”.

It is now up to prosecutor Magalhães e Meneses, who is analyzing the process, to decide whether it is necessary to carry out further diligences, namely whether the hearing of the Irish citizen is necessary or not to reach a decision about the case, which apparently is to be archived concerning the suspicions of concealment of a cadaver and possible homicide that are pending on the McCanns.

 

[colomom]

SIC online (http://sic.aeiou.pt/online/noticias...igacao+da+policia+britanica.htm?wbc_purpose=b) reporting:

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Madeleine’s disappearance

McCanns will access pieces from the British police’s investigation

The British police will allow the McCann couple to access more than 80 pieces of information, within the investigation into Maddie’s disappearance.

The couple presented a request to the British High Court, to force the English police to share information that does not compromise the investigation.

But even before the court reached a decision, an agreement was struck between the couple and Leicestershire police. The authorities will thus deliver 81 pieces from the investigation to Maddie’s parents, mostly leads and information that was collected during the moments that followed the child’s disappearance.

Many of those pieces are sightings, testimonies from people who stated that they had seen the English girl, shortly after she disappeared from Praia da Luz.

The McCanns are presumed to now deliver those clues to the private detectives that they hired to follow their daughter’s trail.

 

[colomom]

Lusa (http://noticias.sapo.pt/lusa/artigo/9760fd221299bb2341aaf8.html) reporting:

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Madeleine: British police releases 81 documents from the investigation to the McCann family

London, 07 Jul (Lusa) – the British police accepted today to share some documents that are related to the search for Madeleine McCann, who disappeared last year in the Algarve, with the child’s family, that thus desisted from a judicial process in order to access the information.

The decision from police in Leicestershire, the region in centre England where the McCann family resides and which coordinates the cooperation of the British authorities with the Polícia Judiciária in this case, was announced today at the High Court in London.

The police will hand over a total of 81 documents that are related to the process, out of a total of 11 thousand elements that were collected since the disappearance, in May 2007.

As a consequence, the McCann family, that had initiated a judicial action to force the police to give them access to the entire process, chose to desist from the judicial action.

Speaking to journalists outside the courthouse, the spokesman for the McCanns (who were absent from the hearing), Clarence Mitchell, saluted the “compromise that was reached with the police”, which left Kate and Gerry McCann “satisfied”.

Mitchell pointed out the importance of these “potential new leads” due to the fact that they concern the days after the disappearance, and that they can help in the investigation that is being carried out by the private detectives that were hired by the McCanns.

“Taking into account that this comes from people who contacted Kate and Gerry and the police during the first stages of the investigation, these are good news for the investigation”, he defended.

“If we hadn’t gone to court”, he stressed, “we wouldn’t have these documents”.

The contents of the released documents was not revealed.

The judge that presided over the audience at the Family section showed herself as understanding and sensitive to the situation of Madeleine’s parents, whom she dispensed from appearing at the court. “They have suffered enough and I wished to ease their burden”, she explained.

Pointing out the fact that there is no evidence that the child has died, she appealed at the person who is responsible for her disappearance, the only one “who knows what has happened to Madeleine and where she may be found”.

"I entreat that person, whoever they may be, to show mercy and compassion and come forward now and tell us where Madeleine is to be found. I hope she will be found soon, alive and well", she stated during the audience.

Madeleine McCann disappeared on the 3rd of May 2007, then aged three, while sleeping in a bedroom at a resort in Praia da Luz (Algarve), while her parents dined in a restaurant nearby.

 

[colomom]

In Diário de Notícias (http://dn.sapo.pt/2008/07/08/sociedade/documentos_dados_a_cann_a_revelia_pg.html) this morning:

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Documents handed over to the McCanns without informing the Attorney General

Investigation. The British police released 81 documents from the investigation into the Maddie case to the McCann family due to a decision from the High Court in London. A fact that was not made known to the Portuguese PJ or to the Republic’s Attorney General, Pinto Monteiro

Pinto Monteiro and the PJ were not informed

The Republic’s General Attorney, Pinto Monteiro, and the Polícia Judiciária (PJ) were not warned that the McCann couple would be given access to documents that concern the investigation into their daughter’s disappearance, on the 3rd of May 2007, in Praia da Luz.

“We have no official or officious confirmation concerning which documents were allegedly handed over by the British police”, an official source from Pinto Monteiro’s press cabinet explained. The same happened to the PJ. “We had no contact with the English police and we do not know which documents will be made available to Kate and Gerry McCann”, a source from the Polícia Judiciária’s new directory confirmed.

81 documents that will be handed over by the British police to Gerry and Kate McCann are at issue, following a decision from London’s High Court. A sharing of information that neither the Attorney General, the most senior official in the investigation in Portugal, nor the PJ, which coordinates the investigation on the ground, had any knowledge about.

This is one more ‘diplomatic incident’ between Portugal and England, which now lands on the investigation into the disappearance of the British child, just over a month before the process’ judicial secrecy is lifted.

News about this sharing of information started to be spread by the British press by the end of the morning, yesterday, and tells about the delivery of 81 documents from the process – which is still covered by judicial secrecy – from a total of 11 thousand elements that were collected by the investigation. “Those are 81 potential new leads”, Clarence Mitchell, the McCanns’ spokesman, clarified, “due to the fact that they concern the days following the disappearance and that may help the investigation that is being carried out by the detectives that were hired by Kate and Gerry”, he underlined.

What is certain is that the access to these documents was accepted by a British judicial entity and after the McCann couple threatened to file a judicial action to force the police to give them access to the entire process. Yesterday, Clarence Mitchell admitted that the couple had desisted from using the courts and that they are “satisfied”.

“We want to access the process so our private detectives can use the information”, Clarence Mitchell defended last week, during a statement to Lusa agency. But the contents of said documents was not revealed.

Also last week, the PJ presented a final report that was delivered to the Public Ministry, with a list of all the diligences that were made during this investigation that has lasted for over one year.

The delivery of said report prompted news of a probable archiving of this investigation to be circulated by the press.

But the Attorney General’s Office denied that the archiving of the case had been decided, and clarified that the PJ’s final report had indeed been delivered and that is was being “the object of careful evaluation and pondering”.

“The Public Ministry will analyse and globally evaluate the entire process (that contains tens of volumes) in order to determine whether other diligences are needed or not or if the necessary and sufficient conditions have been gathered to close the inquiry and to elaborate the final dispatch”, the AG’s Office referred.

For the time being, Pinto Monteiro refuses to make any further comment about this decision from the British court.