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

Ultimatum to the McCanns


Ultimatum to the McCanns

Kate and Gerry and their seven friends have not yet accepted to come to Portugal on the 29th. The Public Ministry is going to accuse the couple of gross neglect

The Public Ministry has made the McCann couple an ultimatum: either the reconstitution of Madeleine's disappearance takes place on the 29th of May, or the Public Ministry moves forward with an accusation of gross neglect against the English couple.

The Polícia Judiciária has also let the McCanns know that "either all of them come [on the 29th], or none of them come", as the couple's spokesman, Clarence Mitchell, has admitted to 24Horas. All of them means Kate and Gerry and the seven friends who had dinner with them at the Tapas Nine restaurant, in Praia da Luz, on the evening of the 3rd of May 2007. Clarence Mitchell has admitted to 24Horas that the reconstitution is most likely not to take place on the 29th due to doubts from the friends (check article below). According to what 24Horas was able to report before, Kate and Gerry are to be accused, at least, of gross neglect and risk a penalty that could reach a sentence prison up to 10 years. "There has not been the slightest cooperation from those persons. Which is strange, coming from parents who are constantly telling the public that they want to find their missing daughter. This is an unusual type of behaviour. Any father or mother that lost a child would have great interest in cooperating with the authorities. But the truth is that from the McCanns, that type of help is inexistent. What they say is that they are willing to come to Portugal, but only under certain conditions", a source at the Judicial Court in Portimão, where the process is running its course, explained to 24Horas.

According to the same source, after the Public Ministry suggested the 15th and 16th of May for the diligence to be carried out, a new date was suggested for the 29th of May. But one week away from that date, the Portuguese authorities remain empty-handed. Neither Maddie's parents, nor the friends with whom they dined at the Tapas Bar, have given a sign.

Enough evidence

"We are convinced that the parents participated in the concealment of the little girl's corpse and that she is effectively dead. But the existing evidence is not enough to charge them with the child's murder. But we have more than enough evidence to charge them with neglect. They know that, and they do not return to Portugal, probably due to the fear of being arrested", said another judicial officer that is connected to the investigations. "One cannot understand the reasons for them - including the McCanns - trying to stall a reconstitution that will take, at the utmost, six hours to perform."


If the Public Ministry advances with the gross neglect charges against the McCanns, Kate and Gerry will allege that they were "responsible parents" on the evening of the 3rd of May, Clarence Mitchell explained. That is the advice that was given by the couple's British and Portuguese lawyers.

Friends stall the PJ

The reconstitution of the facts that took place on the evening of the 3rd of May 2007 is not going to take place on the 29th anymore, due to issues that were raised by the McCanns' seven friends to the PJ. "We are at a phase during which the friends, one after another, are presenting their arguments to the Judiciária. They do not comprehend the reconstitution's purpose, one year after Maddie's disappearance". The friends "also think that more people should take part in the reconstitution, like the Ocean Club's employees and other witnesses". But Kate and Gerry, due to their arguido status, will come to Portugal if the PJ requests them to, he added. Caught by surprise by the fact that the Public Ministry may advance an accusation of gross neglect against the McCanns, Clarence questions: "Why this accusation now, one year after the facts? It sounds strange."

Source 24 Horas
Translation by Astro


  1. Excellent news, it's not before time that the PJ are telling the McCanns just who is running this show.

    Bring it on!

  2. Hi Joana
    Is 24horas really accurate? there is no other news over this in any other newspaper but still I am delighted

  3. Hi all. Joana, if the p.j do charge them with neglect will the McCanns be made to go to Portugal to stand in court or will the McCanns still be able to refuse to go?
    The fact that they say they have evdidence to prove the hiding of he body but not enough to accuse is gutting.

  4. Hi Jo, yes it's a reliable source.

    Though it's a tabloid it's one of the most read newspapers in the Portuguese Parliament by the Portuguese MP's - 24Horas must be right at something!

    About no other news in the Portuguese media something, was commented in SIC Notícias - News TV Channel - but the main news today are about the confirmation by the Portuguese Government of the CIA Flights to Guantanamo, which passed by the Azores USA base with allegedly no agreement or permission by the Portuguese. Remember the Azores Summit with Tony Blair,Bush and Aznar, with Durão Barroso also...

    Well, of the latest reported in the McCanns Case let's wait for the TV News at 13hours to see if what was advanced by 24Hours is confirmed.

    Anyway, I do not doubt this report.

  5. Hello Speak you Mind,
    The PJ does not charge - they are a Police force who investigates Crimes - they collect the Evidences which are then reported and given to a Prosecutor and a Judge who will then decide to charge or not the suspects.

    If the Prosecutor charges the McCanns with neglect charges only I'm sure they will try to avoid returning to Portugal at all costs, the McCanns have hired a 'dream team' with high profile lawyers from both countries, the former bar of the Lawyers Association in Portugal Rogério Alves and Michael Kaplan QC - specialized in International Arrest Warrants, former Dictator Pinoche's Defence Lawyer - just to give an example of the most mediatic McCann lawyers. If an European Arrest Warrant is issued by the Portuguese Public Ministry, via Eurojust be sure the McCanns will fight the extradition.

    It's a sad day for justice that the McCanns will only be charged for gross negligence, if, as the article states, the Prosecutor and the Judge and the Judiciary Police believe that the McCanns accidentally killed their daughter and occulted her corpse. Obviously they can always add the charges for neglect in the previous days also - done by all the Tapas Friends and the McCanns when they left their children alone, for conspiracy to prevent the normal course of Justice, for perverting the facts and for using illegal detectives in Portugal and harassing witness, etc.. I think the list of possible charges can be quite vast, and amount to more than 10 years. We have to wait and see. I trust completely in the Portuguese Judicial System and in Portuguese Justice - just wished the McCanns and they're pact-of-silence friends never had travelled to Portugal. We don't need or want this kind of delinquent and neglectful people here.

  6. Hi Joana

    This is indeed good news. Adding up the charges they might face, it can nearly be as many years as one might face for murdering someone.
    The minute they hired Michael Kaplan QC the whole world new that they are going to fight extradition to Portugal.
    Don't they know a European arrest warrant is only a formality?

  7. Hi Mariana,

    At first look it seems like good news, but after all this time, the man power, the Portuguese Taxes paying this case, the constant xenophobic attacks in the British Press, the lies and the spinning, the diplomatic embarrassments, the opportunistic abuse of missing children and missing children associations, the abuse of publicity stunts, etc; the conclusion of this sordid case it's just not enough in terms of real justice. The real justice for the little girl who died in that night... her name was Madeleine.

  8. Joana

    Just as you say, the abuse which has been dished out towards the Portuguese people and the PJ in general, can never be repaid and it will remain like a dark cloud over the two countries.
    The British diplomatic service and the British press, will always bear the responsibility.
    They allowed themselves to be manipulated by two worthless liars and criminally negligent parents.

  9. I hope this comes off, the McCanns have evaded justice for too long.

    Do you think 24 Hours would be interested in covering the censorship issue?

  10. Hi JHL,
    I don't think so, they didn't pick up that story of the El Mundo Article Plagiarizing Paulo Cristovão's book "A Estrela de Madeleine". I know the PCC in England is not working as it should, so for now and except for the method we're trying to use to break the censorship and black out of the McCanns case in the British media I don't see what other hypotheses are left. Obviously this is one more to add against free press, free blogging and free commentaries. The first was the shut down of the Mirror Forum and the complete deletion of the Madeleine's Thread, then the HTFM conspiracy attack on the youtube videos and trolling comments on open forums, then the monitoring of blogs - like this one who is being monitored by Metodo3 [yes, I saw the emails reference and the IP], then the commentaries who weren't favourable towards the McCanns were all deleted or not approved in each and everyone of the British Media Outlets who have online comments available, now the deletion and censoring of our blog posts. One day the British media will fall on their 'face' and pay for their own dirty tactics and censoring media guidelines, of that I'm sure.

    The British Media code of Journalist Ethics is now non existent, and they will be considered the worst press in the western world.

  11. Viva Joana !
    I'm experimenting as last time my message didn't went through. Well, these people have yet to be considered innocent, whatever the doubts. Just imagine they truly are : how horrible it would be to charge them. If by chance they exactly counted on this, Portugal being a negligible country, it judges them not Portugal. Now their discussing the reconstruction's use sounds surrealistic to me ! Since when European citizens can slip away with impunity from European police institutions ?


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