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Evidence of death convinces the PJ but fails in court - Diário de Notícias

Tests. On the day before the likely announcement by the Attorney General of the archiving of the Maddie case, DN knows from sources that are close to the process that the analyses from hair that was found in the McCanns’ car revealed that 16 out of 18 markers match the child’s genetic information

Judge mistrusts evidence used in an isolated manner

Tests that were performed on hair that was collected from the boot of the car that was rented by the McCanns in the Algarve have determined that 16 out of 18 markers match Madeleine’s genetic information. The information, which was released to DN by a source from the PJ, joins the results in the preliminary report from the Birmingham lab, in England, where it is verified that “15 out of the 19 genetic markers that were found in a residue that was collected from the couple’s car boot are a match” with the child.

“The evidence is unequivocal for the investigators”, the PJ source guarantees. “We are talking about a tuft of hair that was found in the spare tire well, in the car boot, which could not have fallen from the siblings’ clothes or have ended up on that spot by other means. The issue is that in order to make a solid proof in court, one has to reach 18 markers. But with 16, the investigators have no doubts left”, the policeman recognizes.

But for a judge that was contacted by DN, there is no reason for such certainties. “It depends on which markers are missing and if I had to decide only with a basis on that element of proof, I would not take a case to court, because the chances for success would be very small. This type of evidence always has to be articulated with other elements.”

Another source that is well positioned near the process, and with forensics knowledge, sustains the PJ agent’s version by defending that “these tests are like the collection of fingerprints, where a piece of evidence in court needs to detect 13 points, but from 11 onwards the police is already certain”.

For DN’s source, the conclusions from the tests that were performed on the hair that was found inside the Renault Scénic that was used by the McCanns were not included in the PJ’s final report merely because “if the evidence was not going to be used in court, the police did not want the Public Ministry to say that there is a persecution of the child’s parents”.

Although he mistrusts this isolated type of evidence, the judge that was heard by DN argues that there is matter to take the parents of Maddie McCann to court. “They could be judged over the crime of endangering a minor, because leaving their daughter alone inside a hotel room while they go to dinner is not acceptable within the social patterns, and over obstruction of justice. It is better to remember that the child’s parents called the televisions before they called the police.”


source: Diário de Notícias, 20.07.2008

4 comments:

  1. The following paragraph troubles me:

    "For DN’s source, the conclusions from the tests that were performed on the hair that was found inside the Renault Scénic that was used by the McCanns were not included in the PJ’s final report merely because “if the evidence was not going to be used in court, the police did not want the Public Ministry to say that there is a persecution of the child’s parents”."

    Although the evidence is not 100% conclusive it indicates a very high probability that it belongs to the girl. It surprises me that the police would be worried about the Public Ministries feelings to the extent that they would not include evidence in the final report.

    I have read commentary that the lifting of the Arguido status will somehow give the green light for the McCanns to sue. Sue whom, the Police? No one was charged and any police force having all this evidence would consider them suspects. They could attempt to sue Portuguese papers but if the case file backs up what they reported then they're out of luck.

    If the case is archived it is because the Portuguese justice system has realized that there is a slim chance of obtaining a guilty verdict. They know that there is no desire on the part of English authorities to bring the couple to trial. They have seen judges proclaim the innocence of the couple and they have seen politicians take an active role in impeding justice. Therefore attempting to bring these two into court would be a waste of resources.

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  2. God this goes from bad to worse,16 out of 18 markers on one and 15 out of 19 on the other, enough to tell us for certainty that Madeleine is dead and that the parents definately had acess to the body, yet not enough to get them in to court...where is the justice in this?
    I fucking hate the pair of them, how they could carry on as they have is beyond disgusting.
    All that now remains is to find out which of them was responsible for the demise of Madeleine and where the shits hid her body.
    I am slightly heartened at the judges direction that the crime of negligence is legitimate.

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  3. Dramático,muito dramático todo este caso da Pequenina.

    Há imenso dinheiro oferecido para recuperar a Maddie viva(news of the world,que se não me engano,repete os nomes dos que deram as ricas libras).

    O Estado Português gastou milhões (do nosso dinheiro)mas,pronto; foi gasto até de mais com as manobras de diversão; mas os P.J.s são conscientes e fizeram-no em prol da Maddie.
    Nunca se viu nada assim com os NOSSOS DESAPARECIDOS,INFELIZMENTE!

    Há quem pense que os mcs viverão cheios de remorsos e atormentados.Tenho muita pena,mas não acredito.
    Onde terei lido que a Pequenina esteve para ser deixada,antes de vir até nós, com familiares...seria inteligente,super-dotada,hiper activa? E que os gémeos são muito mais calmos e dão menos trabalho?

    Infelizmente,intuimos que amanhã tudo ficará bem para os ----------.

    Repito ,este crime,seja qual for o seu teor, foi perfeitissimo.
    Cabecinhas pensadoras.

    Crime castigo? Não.
    Crime,sem qualquer castigo.Nem os remorsos existirão.
    Só a dor imensa de muitos que sofreram e sofrem , e lutam infinitamente pelas Maddies e Ruis deste Mundo . Infelizmente,mais por uns do que por outros.
    O Rui Pedro dói-me desde sempre.Não consigo esquecer,pela dor horrível de Filomena. Não esqueço a menina de Algés desaparecidíssima há imensos anos; o Manuel Sepúlveda; o outro Rui...tantos mais e que infelizmente não são ao menos relembrados constantemente.

    Belíssimo trabalho (mas super doloroso) realizado por "Enfants kidnnapés".

    Extraordinário todo o empenho Jornalístico e profundamente emocional dos meus Bloggers Favoritos : Joana;Paulo, Eloisa e Duarte.

    Não há palavras suficientes para demonstrar a minha admiração pelo Vosso extraordinário empenho, com custas a todos os níveis e um deles é o nível emocional.Pessoas MUITO BOAS. BEM HAJAM.Bem hajam ,não chega por tudo o que pesquisaram e divulgaram. As palavras e os nossos sentimentos para convosco não chegam,Pessoas Lindissimas.

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  4. Presumably, now that their arguido status has been removed, when they appear on TV to boost their mortgage fund and are asked questions they won't be able to use that old excuse about not being able to say anything.

    I hope some journalists/reporters/ tv presenters have the balls to ask them some pressing questions to see how they answer.

    I can't believe these two scumbags are going to become even more rich and famous because of child neglect. This really does open doors for people to do the same.

    I really can't bear to hear them keep saying how they're going to carry on searching for Maddie when there is evidence that she is dead.

    Crikey, if I were them, I wouldn't now feel safe in my own home in case someone decided to take the law into their own hands.

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