8 July 2012

Robert Murat likely to sue South African businessman


Frames taken from Stephen Birch's video

by José Manuel Oliveira

Robert Murat may sue the South African businessman Stephen Birch for trespassing on private property after the latter publicly assumed that he had entered in the garden of Murat's house in Praia da Luz, near Lagos, whenever Robert went out, in order to inspect the terrain with a georadar through which Birch claims to have located the place where the cadaver of Madeleine McCann, who disappeared in May 2007, is hidden.

“We are looking at what was said, analysing the statements that were made and then I will have a meeting with my client so we can make a decision. Suing is a situation to consider, it remains an open hypothesis”, said Francisco Pagarete, Robert Murat's lawyer to DN.

The Anglo-Portuguese citizen, and former real estate agent ended up being constituted as arguido with Declaration of Identity and Residence [Termo de Identidade e Residência]1, just like Maddie's parents were, on suspicion of involvement in the disappearance of the British child, following the investigations of the Judiciary Police, which included at the time excavations in parts of Murat's garden, where nothing was found.

Meanwhile, other lawyers guaranteed to DN that if the lawsuit now being considered does take place, “at most, in the worst case scenario” the South African “could be punished with the obligation of having to pay a fine of four hundred euro for the invasion of a private property”.

“This is a complicated process, in which the individual, who now states that he has entered the garden to try to find out where the supposed body of Maddie is, could, later on, deny that version. And to be able to punish that man, Murat would have to prove what he did. On the other hand, while living in South Africa he would only have to come to Portugal to present himself in a court2 if he wished to do so”, argued one of the lawyers heard by DN, adding that there are several examples similar to this case.

Diário de Notícias, July 7, 2012, paper edition

Legal Reference
1. Termo de Identidade e Residência (TIR) - The arguido (formal suspect) is subject to a regular presence before the authorities to confirm with the relevant documents their identity as well as their present residence at that time.

2. The Portuguese Republic and the Republic of South Africa do not have a bilateral extradition agreement, though an agreement of mutual police cooperation exists since 2002.

17 comments:

  1. Just coming home from a party and I see you are back, Joana, welcome.
    I have a lot to write here but now I prefer to go to bed.
    I'd like to tell I found a blog, Good Quality Wristbands.blogspot.com where I read a shocking thing.
    Good night (or good morning)!

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  2. He makes it clear on You Tube that he does not think Robert Murat was involved in the killing or burial.
    Interesting that Murat responds to sue.
    Why did he not sue Jane Tanner for swearing under oath that he had abducted Madeleine.

    For Gods sake Robert and Jenny get out the spades and call in the dogs. Your credibility is being eroded as you follow the legal threats.

    Kate and Gerry get there immediately . Leave no stone unturned.

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  3. I can see here people are beginning to discount this ! why?
    It would be easy enough to confirm - the scans / excavations done at the beginning of this case and to ascertain whether they were in the same area as this Birch guy as told them to look.

    Were there not reported voids/passages leading from the murat property ? could someone have excavated horizontally from within one of these voids to prevent any ground been disturbed from the top at the time of the reported .......?etc.

    i cannot understand why so many so called truth seekers are discounting this ? so quickly - please explain.

    mojo

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  4. Firstly what he did was illegal, he trespassed a private property and by doing that anything that the police could find - if we believe Birch's premise that a cadaver is indeed buried in Murat's garden - then any evidence, traces, vestiges or remains would be dismissed in a court of law. Secondly, the sudden appearance of Birch in this case, at this time, is a very bizarre story. He denied that Murat is involved in the death and burial of Madeleine McCann but he pointed to his house, Murat is again in the role of the scape goat and that is being used by the McCanns.

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  5. The McCanns reaction to Birch's claims in the Daily Star sound as though they heard of it from Portuguese press but why haven't they insisted that the police investigate the scene for the all-important KEY EVIDENCE that they say they need to find? They say the police haven't even cordoned it off don't they? Where are their private investigators?

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  6. I hope the case is reopened and this garden looked at again, and on finding nothing, they then head on up to Rothley and search the property of the McCanns, with dogs and all, which they should have done before, given that Gerry McCann was back and forth from PDL to UK.

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  7. Just like the McCanns Murat has NEVER been cleared of involvement in Maddie disappearance, because just like the McCanns he has never been charged with anything.

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  8. @8 Unlike the McCanns Robert Murat did NOT neglect three infants, several nights on a roll, something the McCanns should have been charged with.

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  9. Missed you Joana,so good you are back in the frame xxLook forward to more open debate on the parents who put their "NEEDS" before the most precious "gift" EVER known,their 3 babies !!!!!!

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  10. I hope he does sue,by the way, did any thing come of robert murat suing jane tanner

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  11. have we gathered any other experts views with ground radar such as the machine used - there are u tube clips giving the machines make/model detail - and calibrated displays of what he has alledged to have identified - they show the depth and visual xrays of the ground - there are many people who use these machines - what are there interperations ? In my view it needs excavating with independant witnesses.

    mojo

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  12. Why didn't the PJ charge the McCanns with neglect Joanna?Your country is as bad as mine for letting the guilty walk free isn't it.

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  13. 13 - perhaps the PJ know there was no neglect - the neglect story is the McCann's alibi. No neglect - no abduction.

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  14. In my opinion this case is already closed and if human justice don´t or can´t punish the guilty ones Divine Justice will sooner or later or Is already Doing so. However, the McCann couple is desperately aiming to reopen it, but strangely enough when clues and proofs were "fresh" they wanted to close it and went to England. Isn´t there a contradiction? Furthermore, this Stephen Birch and his team with their somehow telepathic machine should explain to the PJ, before escaping from Portugal to South Africa (a person who really wants to find The Truth neither shuts his/her mouth nor needs to coordinate testimonies, on the contrary - he/she fully cooperates with the authorities, not using the "rhetoric of silence" (an expression of a Portuguese PhD Professor regarding censorship). Well, if he trespassed private property which was completely investigated in 2007 by the PJ, we could even think of an hypothesis: SB could be the one who buried the dead body he is talking about, if there is one in the first place and could be charged of murder or of concealing evidences because he didn´t go there with the police- he could have buried the dead body´s remains with his team to blame someone else! And then surely we all wanted to know from where he took it, wouldn´t we?
    Moreover, if any dead body´s remains were found there they should be fully analysed in Portugal (you see, the DNA samples analysis in England took too long...), regarding: how long it would have been buried there (it could have been brought from other place….); if the deeper distinctive traces of the ground found in it would match the one of the backyard to estimate the precise day and hour Madeleine was killed, according to SB own claims of course!

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  15. @14 - I tend to agree.

    If you stop and think about how much of what's talked about is actually based on K&G's version of events it's incredible, worrying in fact. Even Amaral falls into this trap.

    It takes a fair bit of mental discipline to discuss this case *without* basing it in any way on what could be simply a 'trade off': a story of neglect and abduction vs. a reality of death and disposal.

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  16. How does Birch know that Murat isn't involved if there is a body of sorts there, does this special machine not only detect a childs body folded up, but it tells Birch who is or nor involved.....now thats one clever machine, he should market them, especially if it tells you the lottery numbers too!!!!!!

    Gina UK

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