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Process archived as homicide - Correio da Manhã

In Correio da Manhã this morning – main article:

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.

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Archiving was already expected

Former inspector maintains Maddie’s death

The former coordinator of the Polícia Judiciária (PJ) Gonçalo Amaral, understands that the indices that were collected in the Maddie case could have had “another interpretation and valuation” if they had been evaluated by “other magistrates at other courts”.

One day after abandoning the PJ, he admitted to CM that he was “already expecting” that the result would be the archiving. “It doesn’t shock me”, he told our newspaper, while he continues to believe that Madeleine McCann died inside the apartment in Praia da Luz, on the 3rd of May, a perception that he left very clear during a report that was broadcast by RTP.

“The insufficiency of some investigations depends upon the valuation that is made of the indices that have been collected. In this case, the interpretation could have been different”, adds the former inspector, who was removed from the case and asked for his retirement so he could “express his convictions”. Although the process is on its way to being archived, Gonçalo Amaral alerts that “this is not the end of the investigation and the process can still be reopened. Questioned by CM as to whether the book that he wrote about the case, which is soon to be published, may have that strength, he simply said “we never know”.


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Opinion column in today’s Correio da Manhã by Francisco Moita Flores, criminologist:

Archive

I am not surprised at the expectation of the Maddie case being archived. It is coherent with what has become known about the investigation that clashed into the possibility of carrying out more diligences with the English actors that participated in the psicodrama. The archiving will have to be thoroughly explained. The notion that there is an eventual crime of abandonment of minors remains in the air. This would happen if the parents were Portuguese. Still, the strong possibility of the process being archived does not signify the end of it. The process will become public, and certainly, the eyes of journalists and of other people who study it will certainly discover failures, news, surprises. The sustenance of the truth within a criminal process is not the same that is demanded within our common lives: it’s a truth of indices and evidence. This does not mean that it is the single truth. And those who will read the process, even if it is not possible to prove the common sense truths, certainly will acquire convictions about what happened. The archiving of the process will represent a failure for the PJ. But it is not one single swallow that makes spring*. It is not this or that defeat that ruins the motivation of the investigators, to continue fighting crime and to return to the PJ the prestige that it conquered over decades.


*note from translator: Portuguese proverb in the sense that spring is composed of many swallows (birds)

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Smaller articles that accompany the main article in today's edition of Correio da Manhã:

McCanns demand innocence

The McCanns’ Portuguese lawyer, Rogério Alves, warns that the couple “expects the process to recognize that they had nothing to do with their daughter’s disappearance”, reminding that if it is confirmed that the search was inconclusive “it cannot be said that the couple is guilty”.

For now, Kate and Gerry’s defender reacts with some prudency: “We can only speak when there is an official knowledge.” Yesterday, Rogério Alves underlined that “for the couple it is essential that Madeleine is alive and that they can find her again”. Concerning possible demands of damage payments from the [Portuguese] State, the lawyer reveals that “it is not a priority”.

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Complaint against lies

Robert Murat’s lawyer considers the possibility of suing the witnesses who may have lied by placing his client near the McCanns’ house. “Let’s see whether someone lied, and then we will speak”, CM was told by Francisco Pagarete, who awaits consultation of the process in order to decide if he advances a lawsuit against the [Portuguese] State.

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Holidays drag out secrecy

The judicial secrecy is to be lifted by the Public Ministry as soon as on the 14th of this month, fourteen months after the Judiciária made the first arguido, Robert Murat; but in practical terms, the process will remain out of reach for the defense lawyers and other parties until nearly the end of the month of August – due to the holidays of the magistrates at the Portimão Courthouse.

The Republic’s General Prosecutor’s Office announced yesterday that the final report from the PJ in Portimão “will be subject to careful appreciation and pondering”, but, according to what CM advanced in yesterday’s edition, the suggestion from the senior officers at the PJ goes into the sense of archiving due to a lack of evidence against the McCanns. The prosecutor who is in charge of the process, Magalhães e Menezes, agrees.

The last diligence that was being carried out within the investigation concerned the attempt to apprehend Kate’s diary, which supposedly contains the complaints about the behaviour of her daughter Maddie and the difficult relationship that they maintained prior to the disappearance, but the PJ has reportedly renounced on that piece of evidence – it is far removed from being able to sustain an accusation.

The Public Ministry has decided to archive, but Pedro do Carmo, joint national director of the PJ, says that the investigators are “at the disposal for all diligences”.

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Murat - Appeal to the authorities

In statements made to Sky News, Robert Murat says he does not want the investigation to end: "A child is missing, and I, just like anyone else, want her to be found".

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McCanns - Access to the process

Clarence Mitchell, the McCanns' spokesman, said yesterday that Maddie's parents demand access to the process and that "the priority must be the lifting of the arguido status".

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Consult - Private detectives

Clarence Mitchell says that one of the interests of the McCanns in immediately consulting the process is related to the fact that the private detectives "can use all the information".

4 comments:

  1. Do iread this correctly...they still think Madeleine died at hands of parent(S) and are hoping for new information to charge them?
    Speak your mind.

    ReplyDelete
  2. " “expects the process to recognize that they had nothing to do with their daughter’s disappearance”, ....
    ************************

    My Dear Maddie: if some people do not love You,WE LOVE YOU and NEVER FORGET YOU,MY BABY!A LOT OF (WE).

    *****************************
    Some people love money;big personal publicity,BUT WE LOVE YOU!

    SO,SO UNFAIR TO YOU,MADDIE!!! A PAIN INFINIT.

    ReplyDelete
  3. How many times have we read that there is strong evidence then later on read that the evidence is inconclusive or that the case will be archived? Perhaps the sales of papers at this time are low and they needed a boost or Perhaps someone payed a healthy sum of money to advance their agenda. I believe none of these recent stories. I believe that there will be a successful conclusion to this case. I hope it comes soon because, "Esta gente mete nojo."

    ReplyDelete
  4. Fazendo minhas as palavras de Guerra, esta gente mete nojo, sim.
    Infelizmente, até hoje não se conseguiu sequer chegar a uma conclusão sobre a morte (atentado?) de um primeiro ministro, ocorrida em 4 de Dezembro de 1980.
    Como suspeito que não se vai saber grande coisa no processo Casa Pia. Mais depressa chegará a prescrição.
    Quando há grandes influências em jogo, é extremamente difícil levar um processo a bom termo.
    Haja em vista, neste caso, o impedimento colocado à P.J. relativamente ao acesso a telefonemas e mensagens efectuadas na noite do desaparecimento.
    Ou a forma airosa como o casal se escapou à reconstituição.
    Sobre o laboratório inglês, também há muita coisa por explicar.
    Manda quem pode, obedece quem deve...

    Um beijinho

    PS)Como o grupo tem 9 pessoas, talvez, daqui por uns tempos, alguém resolva dar com a língua nos dentes...
    Basta que um dos casais se separe.

    ReplyDelete

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