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

A personal comment

"Among the motives to consider that the couple had no responsibilities in their daughter’s disappearance, the PM points out, in the archiving dispatch, that none of them was in the apartment when the child disappeared."

The above is an indirect quote from the Public Ministry's archiving dispatch that was appended to the process files, a quote taken from an article that was published by Sol, and sourced from Lusa.

I rarely comment on the case on this blog - my posts are mainly dedicated to translations of articles that appear in the Portuguese press, regardless of their contents, because I firmly believe that only by making information generally available, can readers make up their own minds, instead of being shepherded by the media in one or another direction.

There have been many moments, throughout the last 15 months, that have made me feel sad, discouraged, helpless – ultimately impotent to really help in finding a missing child that, for one reason or another, has concentrated our attention and gripped our emotions.

But I honestly cannot remember a moment that even comes close to making me feel as low as I felt yesterday evening, when I read the above mentioned quote.

Never mind that the whole archiving dispatch reads more like a work from a defence lawyer than from a prosecutor.

Never mind that the head prosecutor did not sign the dispatch, leaving the job up to a second in rank.

Never mind that the process is archived with more open questions than answers, and important diligences are dismissed.

What I cannot accept, as a Portuguese citizen, in a case of manifest public interest, is that the Public Ministry holds information that the PJ acknowledges not to have been able to establish, and does not share that information in the process.

The Public Ministry knows the exact time at which Madeleine disappeared.

It also knows where the parents were at that moment.

And finally, it sets one of the most innovative precedents in legal terms, that I had ever heard of: as long as you’re at least 100 metres away from your child, no matter what happens to the minor, it’s not your responsibility.

Brilliant.

30 comments:

  1. Wow.

    So that means even the alleged abductor won't face charges either because there was no abductor and therefore he wasn't in the room when Maddie went missing.

    And yet the twins were in the room, maybe they can be charged?

    What a crock of sh*t all this is.

    Both countries seem hell bent on keeping the parents out of jail - why is that?

    Any ideas, Gordon Brown? hmmmm?

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  2. It is very sad- i was also surprised to read this. It made me sick that the prosecutor ignored the fact that no none saw the little girl after 17.30, except her parents...
    Could it be that the whole shelving idea came as a political decision from higher up in order to finally put an end to the story , thus allowing the pj to use their resources elsewhere needed? Since proof was apparently not enough to expect a conviction of the suspects, why would one want the story to go on with more xenophobic attacks from UK "journalists"?
    Although i hate the idea that politics won over justice, as a neither brit nor port observer, i can't blame the Portuguese for giving up (if they did)...

    ReplyDelete
  3. Joana as I said before I thought that the final report was made with the objective of archiving the case. In one of Mr. Amaral's interviews he stated also that he felt it was written with the purpose of archiving the case. I never gave the above phrase much thought, but you're right it's as if it was written by a defence lawyer. The Public Ministry is drawing conclusions as if they were defending the couple. How can they state unequivocally that the parents weren't there when the child disappeared? Isto tudo cheira muito mal.

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  4. To me one of the most startling facts of this case is the Payne revelations being withheld for months, If the allegations are true, so far no denial, it certainly puts a potential sinister edge to the whole thing.
    Reasons Payne should now be investigated are...
    1: He is accused of simulating fellatio upon his own finger, whilst tweaking his nipples and speaking of Madeleine to her father, in the presence of her mother!!
    2: He arranged the holiday, the location accommodation and dates, could he have also arranged something extra?
    3:He was supposedly the last person to see Madeleine alive.
    4:Gerry and Kate give varying times for his visit the last time he supposedly seen Madeleine, Kate says 30 seconds, Gerry says 30 minutes.
    5: Payne states to sol£ We have a pact, this is our business"
    6: He stays with Kate and Gerry during initial interviews and advises them not to answer Yvonne the consul woman sent to help.
    7: Yvonne recognises Payne as someone she has previously seen,her work is protection of minors!
    8: payne's wife is one of the people who tried and failed to frame Murat, she actually stood in front of Murat and accused him to his face, we now know this was lies.
    The worst part of this is if the Payne allegations are true, Gerry and Kate must have known, Payne must have been comfortable and known it was OK to simulate sex acts whilst talking to the father about their child. Payne would only have spoken in this way to Gerry if he knew 100% it was OK to do so and that Gerry would not react like most normal parents would by slapping him and reporting him to the police.

    ReplyDelete
  5. Joana...daily express uk carrying story about girl in belguim, please read and say what you think, it has got me where I am now doubting mkyself, it says the girl said she was maddie and had been taken from her mum!! It was in the released documnts apparantly....pls read and say what you make of it

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  6. Worse still the mail on line uk, says same and has picture from cctv of the little girl, Can this be true?

    ReplyDelete
  7. Astro,

    I agree with you. The Public Ministry's comments are upsetting. Of course, no one can know exactly when Madeleine 'disappeared' except the culprit(s) responsible. Accepting and using the time frame that the suspects and their friends provided as factual is unsupportable from a criminal investigation standpoint.

    It is obvious that the manner of the archiving of this case has been politically handled.

    On the plus side, by doing so, it allowed the files of the investigation to be opened up to public scrutiny.

    We can make up our own minds what to believe, from the information contained within it and comparing it to what we've already read and learned about this case. (At least for those persons who read information other than what the UK press is publishing)

    ReplyDelete
  8. Joana, keep heart within yourself, you have done an excellent job in keeping the public informed.

    The peoples from all nations know in their heart of hearts that the McCann case stinks and have not been fooled as easily as some may like to think.

    You have helped tremendously in keeping the truth alive in one way or the other.

    The PJ had a tough job from the beginning, I am personally impressed with their doggedly determination in the face of adversity and cannot praise them enough. And I am often impressed with your determination.

    Patience and time will show some true colours eventually Joana :)

    With warmest regards to you, Portugal, her people and the PJ.

    ReplyDelete
  9. Joana, sorry about last comment pls disregard I wondered why the McCanns and Clarence Mitchell had gone quiet....Well its started to become blatantly obvious the British media are full of stories that suit them and their ends, One being Madeleine introduced herself to a woman in a shop in Belguim and said she was Maddie, she also said they took me from holiday.....Yeah right...here we go, the portuguese are already being slated, leads not followed dragged up and worst of all they all say how the McCanns were cleared and even the report backs this!!!
    ARGGHHHHHH

    ReplyDelete
  10. Apologies - I realise now that the article was written by Astro.

    My previous comments still stand :)

    ReplyDelete
  11. I, neither Portuguese nor British, do agree with Anonymous and only fear justice depends on government and contingent politics.
    I too can't blame the Portuguese for getting rid of the McC circus.
    Like Astro I was amazed by the PM's formula, but chose to interpret it as a subtle way to pick on the parents.
    How careful they are anyway, a bit too much and no control over the free translations of the british tabloïds...
    I was quite shocked, like Astro, that the head prosecutor did not sign the dispatch, leaving it to a subaltern prosecutor.
    But HOW DO YOU KNOW FOR SURE THAT THE PM KNOWS AT WHAT EXACT TIME M. DISAPPEARED (curious word) AND WHERE HER PARENTS WERE AT THAT TIME ?

    ReplyDelete
  12. It is a political not a legal decision.

    I am a great believer in the concept of innocent until proven guilty.

    However, I have been suspicious of the McCanns from the outset of this case.

    At the very least, the McCanns have been guilty of child neglect and/or child abandonment. At worst, there is an arguable case for homicide and concealment of the body.

    The abductor theory came from the McCanns and not from any evidence or police or PJ investigation.

    The McCanns portray themselves as innocent victims. However, the two innocent victims in this case are Madeleine and the so-called abductor.

    ReplyDelete
  13. A balada de Bonnie and Clyde

    http://www.youtube.com/watch?v=ubOI9yY55JU

    This is "Georgie Fame & The Blue Flames" doing "The Ballad Of Bonnie & Clyde". It was a #1 hit in the United Kingdom, and a #7 hit in the United States in 1968.
    ***
    Guns N' Roses - Perfect Crime

    http://www.youtube.com/watch?v=DLIp3-_1zSI

    ***
    From: 360Christopher
    Joined: 1 year ago
    Videos: 20 Want to Subscribe?
    Sign in to YouTube now!
    Sign in with your Google Account!
    Added: June 03, 2007 (More info)
    Billy Talent-Perfect World-lyrics

    All we shared ...
    Added: June 03, 2007 (Less info)
    Billy Talent-Perfect World-lyrics
    All we shared was a mattress, and a lie, and an address
    Baby I don't need you, well baby I don't need you
    Once occupied by a goddess, now it's a room full of boxes
    She said, "it's time to leave you" but baby I don't need you!
    In a perfect world... her face would not exist
    In a perfect world... a broken heart is fixed
    In a perfect world... I'd see no therapist
    In a perfect world... this wouldn't make me sick

    I never got the whole story, not 'til after she left me
    Baby I don't need you, well baby I don't need you
    Word on the street is she f**ked him, while we were playing in Cleveland
    Well baby I don't need you, you're fading in my rearview

    In a perfect world... her face would not exist
    In a perfect world... a broken heart is fixed
    In a perfect world... I'd see no therapist
    In a perfect world... this wouldn't make me sick
    She pulls the trigger until the gun goes click!
    She pulls the trigger until the gun goes click!
    In a perfect world... her face would not exist
    In a perfect world... this wouldn't make me sick!

    Control-Alt-Deleted
    Control-Alt-Deleted
    Control-Alt-Deleted
    Reset my memory!

    In a perfect world... her face would not exist
    In a perfect world... a broken heart is fixed
    In a perfect world... I'd see no therapist
    In a perfect world... this wouldn't make me sick
    She pulls the trigger until the gun goes click!
    She pulls the trigger until the gun goes click!
    She pulls the trigger until the gun goes click!
    She pulls the trigger until the gun goes...

    Perfect World
    ****
    J.M.:(e então entre outras coisas,muitas até, a assinatura do tratado de lx.?)

    Do´nt be sad or feeling bad.

    The world is not good to the good people.

    xxx to You and....YOU,Maddie***

    ReplyDelete
  14. Surely if one of the parents was in the room when she disappeared she wouldn't have disappeared because the parent could have prevented her disappearing?

    The fact that the children were on their own made it easy for one of them to disappear.

    And they can't be held accountable for that?

    That opens up the floodgates for all parents to go out and not bother with babysitters, surely, because if one of their children goes missing while they're out they can just say "well, it was ok for the McCanns so we thought it was ok for us too".

    How can any parent now be prosecuted for child neglect when they can quote that?

    I don't get it.

    ReplyDelete
  15. Aacg, for the Public Ministry to be able to assert that the McCanns were [b]not inside the apartment at the moment that M disappeared[/b], there can only be one conclusion.

    Or is there another possibility?

    ReplyDelete
  16. Muito bem observado, Joana.
    Caricata, é como eu classifico esta conclusão do M.P.

    Constato que o circo já recomeçou em todo o seu esplendor.
    A imprensa inglesa aí está de novo com os ataques xenófobos e a desinformação do costume, ajudada pela mãozinha prestimosa de Mr. Mitchell.

    Ridículo e tremendamente triste, tudo isto.

    Bem haja pela informação que nos proporciona diariamente.

    ReplyDelete
  17. Sorry Astro, I keep forgetting that you are also a major contributer to this blog.

    ReplyDelete
  18. The Public Ministry knows the exact time at which Madeleine disappeared.



    What a very telling comment from you Joana.
    How can they know this unless they were there?
    So Madeleine disappeared?

    ReplyDelete
  19. Como é habitual esta é uma batalha que os McCann estão a tentar ganhar nas páginas dos média mundiais, principalmente nos Britânicos.

    Ontem um press release foi enviado aos média Britânicos para atacar a integridade da PJ, o tipo do FSS pode ser contestado pelo que diz e já o foi por um professor universitário e grande expert forense Professor Pinto da Costa. O despacho de arquivamento do MP tem 140 páginas, dessas ainda nem sequer lemos uma que não tivesse sido condicionada à agenda de um jornal ou editores.

    Do processo ainda há muito a saber e a ler e a dissecar- são: são cerca de 22 mil páginas. E a PJ continua a afirmar no processo que estão convictos que os pais tiveram algo a haver com o desaparecimento da criança, possível homicídio e posterior ocultação do corpo.

    Esta é a verdade dos factos que consta do processo. E do livro "A Verdade da Mentira".

    Agora resta saber porque é que o MP desvalorizou as impressões da PJ, porque é que o coordenador e os investigadores do processo que buscavam evidências para sustentar a hipótese de morte, morte acidental, morte devido a furto e as outras hipóteses foram afastados, removidos ou despedidos do caso e da PJ [e porque é que houve permissão para se deixar difamar a PJ sem nenhum dirigente politico ou da PJ questionar e admoestar os média Britânicos], porque é que a PJ viu o seu trabalho de investigação condicionado - dois exemplos: as escutas não permitidas aos telefones e SMSs dos McCann e as falhas de cumprimento das cartas rogatórias da parte das autoridades Britânicas, e porque é que concluindo a equipa constituída por autoridades Portuguesas e Inglesas que havia uma forte possibilidade da Madeleine ter morrido no apartamento devido a negligência dos pais, os mesmos não serem acusados desse facto de acordo com artigo 138º.

    É inadmissível que se branqueie um crime, e como Cidadã Portuguesa exijo que a justiça seja feita.
    Ou será que a Justiça Portuguesa tem dois pesos e duas medidas?

    ReplyDelete
  20. Hello Joana Morais and Astro. For quite a while I took the liberty to copy and paste your articles, translated by Astro, on a Dutch site. http://forum.fok.nl/topic/1177608 I wanna thank you for this much needed Portugese news. If we only depend on the British press we where today very poorly informed. This latest personel comment says it all really, it's taken my breath away. Keep up the good work and appreciation for all your efforts, for the both of you! I take a pause for the moment, it's spin-time now until the files are open in a public domain. My very best regards from Holland. :)(sorry for my poor English)

    ReplyDelete
  21. Memory- Barbara Streisand

    http://www.youtube.com/watch?v=pyx2n_p9OZ8

    and

    O Adeus à Vida

    Adeus mãezinha, vou deixar-te,
    Teus braços, um carinho teu,
    Está perto a hora de partir,
    Contigo choro e vou p'ro céu.

    A minha vida pouco dura,
    a -----------------
    este mundo não é meu.

    Adeus mãezinha, vou deixar
    teus braços um carinho teu.

    Adeus paizinho, bom amigo
    Tua ternuna, teu olhar
    Dizias sempre que só vias
    O meu prazer e o meu bem estar.

    Eu levo-te no coração,
    com amor e gratidão e pena de te deixar
    Adeus paizinho, bom amigo,
    Tinhas ternura no olhar.

    Adeus S.----, meu pequenino,
    Jóia sagrada, irmao meu
    Estuda, sê homem, anjo lindo
    conserva sempre o riso teu.

    Deus te proteja lá do céu,
    tê dê esperança e te dê vida,
    te dê o que não me deu.

    Adeus A------, minha pequenina,
    Jóia sagrada irmã minha.

    Adeus amigos, adeus mundo,
    Adeus brinquedos, meu altar,
    Adeus flores que no jardim,
    dão mais beleza ao meu lar.

    Cravos e rosas, sol profundo,
    Dêem côr, dêem perfume à casa que eu vou deixar,

    Adeus amigos adeus mundo,


    Mamã, papá, adeus meu lar!


    M.++++

    ReplyDelete
  22. É inadmissível que se branqueie um crime, e como Cidadã Portuguesa exijo que a justiça seja feita.
    Ou será que a Justiça Portuguesa tem dois pesos e duas medidas?

    Subscrevo,

    Maria do Carmo Reis

    *******+++++++++++++*************

    ReplyDelete
  23. You obviously have tried to be as objective as you can in reporting this case, which is in itself to be applauded. Quite why you have taken it upon yourselves to be the moral guardians in this matter is something we may never know, but I suppose in this internet age, somebody will, whether or not anyone wants it.

    The more I've followed the twists & turns, the more outraged I've felt by some of the press allegations, and the pictures & footage of the McCanns taken out of context, and twisted into some awful parody of the whole horrible situation, the more I find myself praying that every doubter is proved wrong, and that the truth eventually comes out.

    Less bizarrely, I also hope that you're all proved wrong in that the McCanns' original protestations of innocence are also proved right, and that the howling pack is shown for the blood thirsty mob that, regardless of facts & actualities & truth, it is.

    Above all else, I hope that she is still alive and doing better than she might have done if this hadn't happened, but that's a lot to ask.

    If the original stories were true, then put yourselves in their position, and think how gutted you'd be if every man & his dog had a conspiracy theory they were willing to share with the world, no matter how hurtful, or nasty, or just plain wrong...If they were all just lies, then they're already in hell, and no amount of your judgement can make that better, or worse. That's not to say that it should be a taboo subject, I'm all for freedom of speech, just think about it some of you, before actually posting, please.

    Some of the sites you link to as supporting the cause, are worse than the vilest gutter press, take the Gallery for example, though it's only in keeping with some of the others. Viewing that for the first time, when linked to by it's author's original blog, now gone, made me realise just how much bottled up hatred there is for two people who at the end of the day, just possibly could be telling the truth. (It's just possible for goodness sake) I hope that the author, and all the other judgemental contributors don't ever find themselves on the receiving end of such disgusting vitriol.

    Someone's got their priorities all wrong, and nothing on this blog will solve the actual issue that a small child has disappeared, whether dead or alive, which means that all the rest is simply speculation.

    To your contributors,do you give anyone the benefit of the doubt? I just wondered....


    James

    ReplyDelete
  24. Astro, you're very logical, but I'm afraid the MP's main objective was to protect itself. And see how it works ! The insanities of the British tabloïds are playing the MP against the PJ !
    A question : Wouldn't it be expectable that the child carrying father met by the Smith, if he has nothing to do with the case, would, unless deaf and blind, have identified himself by now ?
    Funny enough, the Smith's memory of that crossing was boosted by the fact the man didn't answer their words, rather strange attitude in a little village. I can only see one reason why the guy didn't answer even one word.

    ReplyDelete
  25. Gypsy James wrote "If they were all just lies, then they're already in hell, and no amount of your judgement can make that better, or worse".
    Wait a second ! What's hell exactly ? If... let's a doubt remain, have you thought of twins learning one day that their parents simulated in order to maintain their social image or whatever ? They might have then an idea of what "hell" is, don't you think ?
    One thing is to punish parents because they left their children unattended and accidentally one of them, although he or she had already cried for them a previous night, did something dangerous and died. I think these parents "are already in hell" to borrow your words,and that's enough.
    But simulate an abduction is quite another matter. And justice has its word to say in our Legal States, in order that noone experiments that kind of nasty game anymore.

    ReplyDelete
  26. "dear" gypsie i have no words to your´s amazing toughts.Only I can think you are not very well.But...

    ***
    from aacg:
    I think these parents "are already in hell"

    And,from me:

    I think that Bonnie and Clyde never,never,never,never

    have feeling the hell

    and never

    they are not, NEVER ,in the hell.

    ***S****

    +++++.M.xxxxxx

    ReplyDelete
  27. Joana,

    British media and TV stations have no qualms airing unsubstantiated information without checking authenticity or the source. To this end, it appears information given to the media by Mitchell is automatically 'rubber stamped'. McCanns are closing tied to Blair, Brown, Miliband and Mitchell.

    Are some Portuguese papers being similarly misinformed to misquote and misrepresent comments made by the Public Ministry ? Plausibly, yes; a reputable Portuguese commentator confirmed at the outset that a Portuguese TV station was offered 2,000 euros a week to cover the case, from a perspective different from PJ's.

    Causing divisions in Portugal as well as Britain is the game plan of the corrupt 'big money, big names' and British politicians protecting the McCanns. The case
    unites people focussed on the truth in Portugal & Britain.

    Mr Amaral has tremendous support in Britain. The British Government determined to corrupt a criminal investigation on day one. Corrupt people are being financially rewarded to sway opinion away from the truth; Madeleine died in her parents' apartment.

    Forensic information released by Leicester Police last September for TV broadcast the day the parents were named 'arguida's' confirmed the plea of abduction was false.

    Mitchell was seconded from Home Office by Brown to "use all means possible", misquoting Portuguese officials via Portuguese press is par for the course. Whilst Mr Amaral was sacked, he has refused to be 'bought'. The misinformation printed in certain Portuguese papers shows others have succumbed to corrupt practice.
    But for the British Government, PJ would have concluded the case months ago based on findings of death and disposal.

    ReplyDelete
  28. Mitchell has media contacts and bags of dosh at his disposal. Media lies and spin is McCanns only means of defence and the British media is acting on the 'highest' orders, i.e. British Establishment.

    Mitchell needs a few Portuguese tabloids who are happy to print what he hands them. Money has become the 'law' in the case of a child's death and disposal at the hands of her parents.

    Brown didn't want them found guilty and the Government is up to it's neck in corruption. The decision to make the McCanns superstars was very ill judged.

    Government fails to realise the McCanns are as despised by the electorate as lying Labour politicians.

    ReplyDelete
  29. speakyourmind,

    Forensics, 88% DNA match to Madeleine in cadaver material found in apartment and boot confirm today's articles are spin and lies. Mitchell's was seconded from Home Office for this purpose.

    The McCanns and Tapas friends refused to return for a reconstruction to prove innocence.
    They clearly prefer bribery and corruption and false witness accounts, Metado's speciality; one of whom reportedly stands charged with extortion and attempted murder in operations on McCanns behalf.

    It's 'mafia tactics' versus police fronted by the British Government. They must be shielding one of their own as well as the McCanns. A MW employee said the ID would 'blow peoples' minds'. An American journalist is writing a book with a criminologist so perhaps they've unearthed the VIP involved. I'm told the contents are well out of Mitchell's reach and influence.

    ReplyDelete
  30. I was wondering if Gypsy james is in fact Phil or John, but anyway, where he gets all this from is quite a mystery to me, the parenst are as guilty as hell and those who condone them are naive and ignorant.
    never mind what hell what hell they are in, I dont give a fuck about them, what about Madeleines hell?
    you are clearly mad, if you believe madeleine is alive and doing well, lets suppose because of the parents flippant parenting and disgraceful abandoing that there was an abduction...Madeleine would be traumatised to wake to some strange egg headed man, sepertated from those she loved even if they do not seem to have loved her. If she is alive and with Paedophiles as the poxy parents would have us believe, do you really imagine she will be doing well? You naive fool, shw#e will be the one living in hell beyond comprehension, shewould be better off dead.
    You make no mention of the cadaver odour, or blood, or fluids, the lies about checks, the refusal to answer, the pressure put upon the p.j by Gordon Brown,the inconsitencies, the framing of Muat...
    mybe I am wrong and its neither phil or john but clarence the mercenary Mitchell!!

    ReplyDelete

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