The Archiving of the Madeleine McCann Process: One Year On - Part IV
D – Dog searches and Constitution of Gerald McCann and Kate Healy as arguidos
In an attempt to advance towards the discovery of Madeleine’s whereabouts, a Report was written by Mark Harrison, National Counsellor for searches at the level of all police agencies in the United Kingdom, concerning Missing Persons, Abduction and Homicides, with his role comprising the counselling in relation to those people.
Thus a request for help in counselling at the level of searches was made, with part of that help being made through the action of dogs that are trained to detect mortal victims (VRD), and dogs with advanced training in tracing very small samples of human remains, bodily fluids and blood, in any environment or terrain (EVRD).
From the searches with the dogs , whose video recordings are appended to the files, the following resulted:
1 – The tracking dog named “Eddie” (dog that signals cadaver odour) “marked” (signalled) inside the couple’s bedroom, in apartment 5A, in an area next to the wardrobe (cf. page 2054 and/or annex 88);
2 – That same dog “marked”, in the same apartment, an area near the living room window, which has direct access to the street, behind the sofa (cf. page 2054 and/or annex 88);
3 – Still inside the apartment, the dog “marked” a garden area, in a square corner, vertically to the balcony (cf. page 2054 and/or annex 88);
4 – In the “Vista do Mar” villa, the house that was rented by the McCanns after leaving the Ocean’s Club, the dog “marked” the area of a wardrobe that contained inside the soft toy that belonged to Madeleine McCann (cf. page 2099 and/or annex 88);
5 – In the examination of the clothes, which was carried out in a pavilion in Lagos, this dog signalled/”marked” pieces of clothing that belong to Kate Healy (cf. page 2101 and/or annex 88);
6 – This dog signalled the lower outside area next to the driver’s door of the Renault – 59-DA-27 – that was rented by the McCanns (cf. page 2187 and/or annex 88);
7 – Finally it “marked” the key/card of that vehicle when it was hidden under a fire prevention sand box (cf. page 2187 and/or annex 88);
8 – The tracking dog named “Keela” (dog that detects the presence of human blood), “marked” an area in the living room, in apartment 5A, which had already been “marked” by “Eddie” (cf. page 2054 and/or annex 88);
9 – After the tiles which this dog had signalled during a first inspection, and which are mentioned under the previous item, were removed, the dog signalled the same area again (cf. page 2190 and/or annex 88);
10 – It made another “marking” on the lower part of the left hand side curtain of the window that we have been referring to (cf. page 2190 and/or annex 88);
11 – It “marked” the right lower lateral part of the inside of the boot of vehicle 59-DA-27 (cf. page 2187 and/or annex 88);
12 – Further concerning the vehicle, “Keela” “marked” the storage compartment, on the driver’s door, which held the vehicle’s key/card (cf. page 2187 and/or annex 88);
13 – This dog also marked the key/card when the same was hidden under the fire service sand box, inside the parking lot.
The viewing of these videos, whose contents is very impressive, becomes essential to understand the dogs’ action and signalling, more than by any words.
These dogs, which had already been used on multiple occasions by the Scotland Yard and by the FBI with positive results, are evidence collection means and do not serve as evidence; any residue, even if invisible to the naked eye, which is collected using this type of dogs, has to be subject to forensics testing in a credentialed laboratory.
Martin Grime, the dogs’ instructor himself , mentions in his report: “Whereas there may be no retrievable evidence for court purposes this may well assist intelligence gathering in Major Crime investigations”; or scientist Dr John Lowe  who refers that the FSS has no scientific support about the use of the dogs as a fundament for the collection of biological residues and that normally take the handler’s word for certification, that asserts that the dogs are more sensitive than any chemical technique or other techniques that are normally used by crime scene sector experts.
In that sense, forensic examinations were performed in the areas and on the objects that were marked and signalled by the blood dog, especially in a credentialed British lab (Forensic Science Service - cf. Appendixes I and VII – FSS Final Report), and also, some of them, at the National Institute for Legal Medicine (cf. Appendix I), whose final results failed to corroborate the canine markings, that is to say that cellular material was collected, which was nevertheless not identified as belonging to a specific person, and it was not even possible to establish said material’s quality (namely if it could be blood or another type of bodily fluid).
It should be stressed that the option towards that Laboratory was and remains obvious taking its prestige, its independence and its scientific reputation into account, although on an initial approach there seemed to be the possibility of compatibility between MADELEINE’S DNA profile and some of the collected residues (of which those that existed in the Renault Scenic vehicle that was rented by the McCann couple were in great quantity), taking the contents of the fax that is reproduced below exactly as it appears in the files, into account (pages 2620 and following)
From: "Prior Stuart"
To: "Task Portugal"
Sent: 04 September 2007 10:14
Subject: FW: Op Task - in Confidence
From: Lowe, Mr J R
Sent: 03 September 2007 15:01
To: stuart prior
Subject: Op Task - in Confidence
Firstly, here are the last three results you are expecting
An incomplete DNA result was obtained from cellular material on the swab 3a. The swab contained very little information and showed low level indications of DNA from more than one person. However, all of the confirmed DNA components within this result match the corresponding components in the DNA profile of Madeline McCann. LCN DNA profiling is highly sensitive, it is not possible to attribute this DNA profile to a particular body fluid.
There is no evidence to support the view that Madeline McCann contributed DNA to the swab 3B
A complex LCN DNA result which appeared to have originated from at least three people was obtained from cellular material recovered from the luggage compartment section 286C 2007 CRL10 (2) area 2. Within the DNA profile of Madeline McCann there are 20 DNA components represented by 19 peaks on a chart. At one of the areas of DNA we routinely examine Madeline has inherited the same DNA component from both parents; this appears therefore as 1 peak rather than 2, hence 19 rather than 20. Of these 19 components 15 are present within the result from this item; there are 37 components in total. There are 37 components because there are at least 3 contributors; but there could be up to five contnbutors. In my opinion therefore this result is too complex for meaningful interpretation/conclusion.
Well, lets look at the question that is being asked
"Is there DNA from Madeline on the swab?"
It would be very simple to say "yes" simply because of the number of components within the result that are also in her reference sample.
What we need to consider, as scientists, is whether the match is genuine and legitimate; because Madeline has deposited DNA as a result of being in the car or whether Madeline merely appears to match the result by chance. The individual components in Madeline's profile are not unique to her, it is the specific combination of 19 components that makes her profile unique above all others. Elements of Madeline's profile are also present within the the profiles of many of the scientists here in Birmingham, myself included. It's important to stress that 50% of Madeline's profile will be shared with each parent. It is not possible, in a mixture of more than two people, to determine or evaluate which specific DNA components pair with each other. Namely, we cannot separate the components out into 3 individual DNA profiles.
Therefore, we cannot answer the question: is the match genuine or is a chance match.
The same applies to any result that is quoted as being too complex for meaningful inclusion/interpretation
What questions will we never be able to answer with LCN DNA profiling?
When was the DNA deposited?
How was the DNA deposited?
What body fluid(s) does the DNA originate from?
Was a crime committed?
These, along with all other results, will be formalised in a final report
Please don't hesitate to contact me if you require any further assistance
but whose compatibility, as can be concluded from the above mentioned final FSS report, was not confirmed after the performance of lengthy and complex tests.
Previously to these indications, is the circumstance that the Parents were the last known persons who had been with Madeleine, alive and traced, a circumstance that in itself made them subject to investigation.
On the other hand, there was information, which was not confirmed afterwards, that the McCanns, while focused on stating an abduction theory, had contacted the British media (Sky News), before calling the police authorities.
Confronted with these elements, namely the possibility of the existence of a cadaver in the apartment and in the vehicle that was used by the parents, founded suspicions of their involvement were raised.
As they were summoned to depose again, while there was no plausible explanation for those situations and as they were to be confronted with the dogs’ findings and with the lab information, which were susceptible of rendering them responsible as authors of crimes (at least, of neglectful homicide and of concealment of a cadaver), they were, obligatorily and inexorably, made arguidos, in strict obedience to article 59 nr. 1 of the Penal Process Code; thus the disposition from nr. 4 of article 58 (presently 5) – its new redaction was not in force yet, taking into account that they were made arguidos on the 6th of September 2009 – and on the other hand they could benefit from arguido status, with all the rights and guarantees of defence that are inherent to it, despite the stigma that is associated with it, which is techno-juridically misadjusted. In effect, the constitution and questioning as arguidos, while used to confirm indications towards the committing of crimes, are also used, with equal strength and reason, to infirm indications and to eliminate suspects.
As judicially stressed in the sentence dated 06.10.1990 by the then Judge of the Police Court of Lisbon. “The authority that directs the inquiry is not free to postpone the moment when a witness passes into arguido status (…) if diligences are being performed, which are destined to prove her imputation, that affect her personally (…)”
Colectânea de Jurisprudência, 1990, vol. IV. p.323 and following.
The constitution of Gerald and Kate McCann as arguidos at that moment is nothing more that the practical fulfilment of the right to defence of those arguidos, which is to say, to ensure their concrete rights to “co-determine or conform the process’ final decision. Said rights assume consistency and effectiveness, according to the new Code, right after the moment of constitution as an arguido, and therefore, still during the inquiry and the instruction.” - Professor Jorge de Figueiredo Dias, "Sobre os sujeitos processuais no novo Código de Processo Penal" Jornadas de Processo Penal, CEJ, Livraria Almedina, 1988, p 28.
Therefore, under the light of interpretation of the elements that constituted the process at that date, there is no doubt whatsoever concerning the legitimacy and legality of their constitution as arguidos, as it is also certain that any investigation has its own dynamics and the continuous flow of elements into the files may alter the situation, as it has, and no judgment or presumption of guilt can be extracted from such a process act.
 Cf. digital drives contained in Appendix III
 Page 2271
 Questioning file on page 3899"
in: Processo 201/07.0 GALGS - Volume XVII - pages 4628-4636 (Public Prosecutor's Archiving Dispatch)
The Archiving of the Madeleine McCann Process: One Year On - Part I
The Archiving of the Madeleine McCann Process: One Year On - Part II
The Archiving of the Madeleine McCann Process: One Year On - Part III
The Archiving of the Madeleine McCann Process: One Year On - Part IV
The Archiving of the Madeleine McCann Process: One Year On - Part V
The Archiving of the Madeleine McCann Process: One Year On - Part VI
The Archiving of the Madeleine McCann Process: One Year On - Part VII
The Archiving of the Madeleine McCann Process: One Year On - Part VIII
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