1.Everyone shall possess the right to freely express and publicise his thoughts in words, images or by any other means, as well as the right to inform others, inform himself and be informed without hindrance or discrimination 2.Exercise of the said rights shall not be hindered or limited by any type or form of censorship Constitution of the Portuguese Republic, Article 37.º

McCanns: Public Prosecutor assumes the Homicide Hypothesis

Front Page:

Public Prosecutor assumes the Homicide Hypothesis

Case near to conclusion
Abandonment and cadaver concealment at cause


Pages 4 and 5:

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.

Source: Correio da Manhã
Translation by Astro

Now it's a good time to remember and read again:

April 21st, 08 McCanns Risk Ten Years in Jail

Public Ministry prepares an accusation for Exposition/Abandonment and Negligence against Maddie's parents

...there are strong evidences that she died in the apartment...

"The Public Ministry has collected enough evidence to accuse the McCanns even if there is or not a re-enactment of the facts that occurred in the day the girl went missing". The guarantee was given to 24Horas by a judiciary officer who has been following the investigation. The same source added that the indictment might only take place in July and that the McCanns can incur in a penalty "that can go up to 10 years in jail". Another source connected to the case concluded: "We know that the girl disappeared and there are strong evidences that she died in the apartment, apparently in an accidental way. There are also strong probabilities that her corpse was hidden. Nonetheless, independently from that, there is clear proof under the Portuguese Legislation that the parents of the child left her exposed to an eventual kidnapping, like they did with her twin siblings. That is a crime of Negligence and Exposition/Abandonment over people they had the duty to protect.

Ongoing Investigations

Contacted by the 24Horas, Guilhermino Encarnação, the assistant director of the Judiciary Police and the very person in charge of the Directorship of Faro, merely said: "the investigations continue and when there is something relevant to reveal" about the mediatic case "that will be done through the official channels".

A source from Portimão's Court assured to 24Horas that the Public Prosecutor Magalhães e Menezes, the responsible for the administration of the inquest, is already working in the accusations against the McCanns and that will be made public "very soon". That is, the probability for the McCanns to stop being arguidos in the following months is almost null. 24Horas also knows that Robert Murat and his companion [Michaela Walczuch] have strong possibilities of not being implicated in the accusation.

Source:24Horas

Portuguese Judicial Code
Article 138
Exposure or abandonment


1 - Whom endangers the life of another person:
a) By exposing her in a place where the person is subject to a situation which she cannot defend herself from on her own; or

b) By abandoning her in a defenseless state, for motive of age, physical defect or illness, when the agent had the duty to guard, watch or assist to the person;
is punished with a prison term of 1 to 5 years.

2 - If the fact is practised by an ascendant or descendant, adoptant or adoptee of the victim, the agent is punished with a prison term of 2 to 5 years.

3 - If the fact results in:
a) Serious offense to the physical integrity, the agent is punished with a prison term of 2 to 8 years;
b) Death, the agent is punished with a prison term of 3 to 10 years.






8 comments:

  1. Em Espanha o Juiz(infelizmente não me estou a lembrar do nome,o que é indecente)

    não conseguiu nada da UK,

    qto. ao pinochet.Morreu velhinho no país onde morreram à sua ordem milhares e milhares de Chilenos.

    Desculpem a minha descrença!

    ***************************

    http://txt.estado.com.br/editorias/2008/05/28/int-1.93.9.20080528.3.1.xml

    Britânica "Save the Children" acusa capacetes-azuis e agentes humanitários de violência sexual na África e no Haiti
    **************
    http://www.amnesty.org/en/counter-terror-with-justice

    http://www.amnesty.org/en/campaigns/counter-terror-with-justice/issues/close-guantanamo

    http://quiosque.aeiou.pt/gen.pl?p=stories&op=view&fokey=ae.stories/7362

    ReplyDelete
  2. I suppose abandonment is better than nothing. Although it is blatantly obvious madeleiene died on the night of 3rd may and her corpse disposed of.
    What I cannot get my head aroud is the way the McCanns behaved in the days after the supposed abduction, I mean unless it was a premeditated act planned prior to the holiday it had to be one of the following three....
    1: Acccidental overdose of sleeping substance ( likely because the twins slept through the mayhem that ensued when Kate called the alarm.
    2: over zealous assault that resulted in fatal bang to head or suffocation.( Also likely and because there were perhaps fears of what the toxicology tests would bring to light during the course of autopsy.Or they knew the injuries were not in line with an accident.)
    In any event why woerent they/she/he consumed with remorse and guiilt? Why werent they gutted at the unexpected loss of their first born child?
    It is the lack of remorse/guilt/distress that makes me wonder if as outrageous as it is to say, it was premeditated, although i can think of no motive for that, so it comes back to accident or manslaughter, which brings me back to where was the remorse and distress one would imagine there to be after the unexpected death of their child?
    The only personality type that fits the lack or remorse or concern for the pain caused to others is, psychopaths or sociopaths. Surely they couldnt both be either psycho or socio.
    It doesnt make sense at all, but neither does abduction.
    Anyone got any theories on the whys and wherefores on this?

    ReplyDelete
  3. If Madeleine had died on the 2nd of May night, her parents would have had more time to recompose. I believe denying gives an enormous strength. Moreover when denying is crucial. As a matter of fact their family life was at stake. They might have feared losing their job, their kids, etc. And there was nothing more they could do for Madeleine. "Leave the dead bury their own dead" and let's take care of the living ones...
    Imagine foreign police would suspect crime where there was only a tragic accident! I don't think loving parents, doctors, would induce sleep through drug. They might have done it another way, more subtle. The only certain point is that, if there was an accident, this accident wasn't "normal" and could be considered as involuntary homicide. Otherwise we were not here discussing that mystery !

    ReplyDelete
  4. I still think 24 hours or at best 48 hours is not enough time to get over the unexpected death of your own child...Ive mourned pet dogs for longer!!

    ReplyDelete
  5. I answered to the last message yesterday 28th... I don't think I wrote offensive or inappropriate things...

    ReplyDelete
  6. Anonymous said...

    I answered to the last message yesterday 28th... I don't think I wrote offensive or inappropriate things...

    29/05/08 13:40
    -------------------
    I am sorry for that, I probably deleted with a bunch of other comments by mistake. Please send the comment again!Thank you.

    ReplyDelete
  7. Sorry, but I sent a similar comment again. And it didn't go through. Again.

    ReplyDelete

Powered by Blogger.