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Judges demolish McCanns' innocence

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Judges demolish McCanns' innocence

Post by Get'emGonçalo on 08.02.17 9:32

Judges demolish McCanns' innocence
by Joana Morais 2 hrs ago

Court acquits Gonçalo Amaral and points out that the couple was constituted as arguidos (suspects) with a "well-founded suspicion" of having committed a crime.


Kate and Gerry McCann are demolished in the judgement of the Supreme Court in which the former coordinator of the PJ is acquitted of paying half a million euros to the parents of the girl who disappeared in May 2007 in the Algarve. At stake is the book 'Maddie: The Truth of the Lie', in which Amaral argues that the girl died in an accident and that the body was concealed by the parents, who simulated an abduction.

The McCanns felt aggrieved by the book and sued the author. The Judge-Counsellors replied: "The defendant [Gonçalo Amaral] expressed his opinion in the light of the evidence and indications gathered in the investigation opened in virtue of the disappearance of Madeleine McCann on May 3, 2007 (...) Incidentally, the claimants (appellants, applicants) were constituted as arguidos in a criminal investigation, which implies that there was a well-founded suspicion of having committed crimes or crimes."

Kate and Gerry understand that the book is an attack on their honour and that the content results from the breach of professional secrecy by Gonçalo Amaral.

The Judge-Counsellors continue: "It is true that the criminal investigation was eventually archived, in virtue of none of the evidence that led to the constitution of the claimants as arguidos was confirmed. Nonetheless, even in the archiving dispatch serious reservations are made about the verisimilitude (reality of) of the allegation that Madeleine had been abducted."

As to the presumption of innocence invoked by the parents, they (Judges) consider that one should not say "that the claimants were acquitted through the order of archiving the criminal proceedings (investigation). The archiving was determined because it was not possible to obtain sufficient evidence of the practice of crimes. It does not seem reasonable to consider that said archiving dispatch, based on insufficient evidence, should be equated as substantiation (proof) of exoneration".

in Correio da Manhã, February 8, 2017


Welcome back Joana! roses

https://joana-morais.blogspot.co.uk/2017/02/judges-demolish-mccanns-innocence.html

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Re: Judges demolish McCanns' innocence

Post by SuspiciousMinds on 08.02.17 9:52

Oh YAAAAYYYY!!! They're not going to like that - they've been cultivating the 'cleared and found innocent' line for years. I wonder if the UK media will publicise it...

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Re: Judges demolish McCanns' innocence

Post by suzyjohnson on 08.02.17 10:36

@SuspiciousMinds wrote:Oh YAAAAYYYY!!! They're not going to like that - they've been cultivating the 'cleared and found innocent' line for years. I wonder if the UK media will publicise it...

'Not going to like that' ? That's the understatement of the year.

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Re: Judges demolish McCanns' innocence

Post by MayMuse on 08.02.17 11:27

@Get'emGonçalo wrote:Judges demolish McCanns' innocence
by Joana Morais   2 hrs ago

Court acquits Gonçalo Amaral and points out that the couple was constituted as arguidos (suspects) with a "well-founded suspicion" of having committed a crime.


Kate and Gerry McCann are demolished in the judgement of the Supreme Court in which the former coordinator of the PJ is acquitted of paying half a million euros to the parents of the girl who disappeared in May 2007 in the Algarve. At stake is the book 'Maddie: The Truth of the Lie', in which Amaral argues that the girl died in an accident and that the body was concealed by the parents, who simulated an abduction.

The McCanns felt aggrieved by the book and sued the author. The Judge-Counsellors replied: "The defendant [Gonçalo Amaral] expressed his opinion in the light of the evidence and indications gathered in the investigation opened in virtue of the disappearance of Madeleine McCann on May 3, 2007 (...) Incidentally, the claimants (appellants, applicants) were constituted as arguidos in a criminal investigation, which implies that there was a well-founded suspicion of having committed crimes or crimes."

Kate and Gerry understand that the book is an attack on their honour and that the content results from the breach of professional secrecy by Gonçalo Amaral.

The Judge-Counsellors continue: "It is true that the criminal investigation was eventually archived, in virtue of none of the evidence that led to the constitution of the claimants as arguidos was confirmed. Nonetheless, even in the archiving dispatch serious reservations are made about the verisimilitude (reality of) of the allegation that Madeleine had been abducted."

As to the presumption of innocence invoked by the parents, they (Judges) consider that one should not say "that the claimants were acquitted through the order of archiving the criminal proceedings (investigation). The archiving was determined because it was not possible to obtain sufficient evidence of the practice of crimes. It does not seem reasonable to consider that said archiving dispatch, based on insufficient evidence, should be equated as substantiation (proof) of exoneration".

in Correio da Manhã, February 8, 2017


Welcome back Joana! roses

https://joana-morais.blogspot.co.uk/2017/02/judges-demolish-mccanns-innocence.html
Considering the UK police were aware of this since the archive, begs the question more 
so why they are complicit in appearing to "side" with the McCanns theory? 


Next move?

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Re: Judges demolish McCanns' innocence

Post by plebgate on 08.02.17 20:38

Thank you joanna and GEG.
Wowser.   
With the bidding war going on will we see them on camera or will there just be an announcement on their website on the 10th anniversary.
Surely if there is big money to be given for an interview then questions will be asked and who knows what questions one of these "canny" reporters might slip in.
oh errr.

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Re: Judges demolish McCanns' innocence

Post by Verdi on 08.02.17 20:58

Oh happy days - worse case scenario for McCann Co Ltd!



bravo  Goncalo Amaral - may you go forth and prosper.

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Re: Judges demolish McCanns' innocence

Post by BlueBag on 08.02.17 20:58

@MayMuse wrote:
Considering the UK police were aware of this since the archive, begs the question more 
so why they are complicit in appearing to "side" with the McCanns theory? 
The key question.

I think and have thought for a very long time that the stakes are very very high.

We may be dealing with a National Security(*) issue here.

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Notes:
* Bollocks - protecting the establishment.

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Re: Judges demolish McCanns' innocence

Post by Get'emGonçalo on 08.02.17 21:05

@Verdi wrote:Oh happy days - worse case scenario for McCann Co Ltd!



bravo  Goncalo Amaral - may you go forth and prosper.


I didn't choose the username 'Get 'em Gonçalo' many years ago for nothing! Mrs

Also, Get 'em Peter!

and

Get 'em Tony!

and

Get 'em Richard!

and

Get 'em HiDeHo!

And so on....

clapping

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Re: Judges demolish McCanns' innocence

Post by Verdi on 08.02.17 21:09

@Get'emGonçalo wrote:
@Verdi wrote:Oh happy days - worse case scenario for McCann Co Ltd!



bravo  Goncalo Amaral - may you go forth and prosper.


I didn't choose the username 'Get 'em Gonçalo' many years ago for nothing! Mrs

Also, Get 'em Peter!

and

Get 'em Tony!

and

Get 'em Richard!

and

Get 'em HiDeHo!

And so on....

clapping
And so forth..

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Re: Judges demolish McCanns' innocence

Post by Verdi on 08.02.17 22:40



Madeleine McCann's parents, Kate and Gerry McCann, speak to the media outside court in in Lisbon during their libel action against Amaral in July 2014. They face further heartache after the appeal judges overturned the police chief's book The Truth Of The Lie, paving the way for it to be sold again.

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Re: Judges demolish McCanns' innocence

Post by Verdi on 08.02.17 22:52

Court of human rights....?




 Hmmmmmm .... what's in it for me?

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Re: Judges demolish McCanns' innocence

Post by sandancer on 08.02.17 23:26

@Verdi wrote:Court of human rights....?




 Hmmmmmm .... what's in it for me?
That face is enough to give anyone nightmares !!!

Spitting Image anyone ??? tease

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Re: Judges demolish McCanns' innocence

Post by Verdi on 08.02.17 23:34

@sandancer wrote:
@Verdi wrote:Court of human rights....?




 Hmmmmmm .... what's in it for me?
That face is enough to give anyone nightmares !!!

Spitting Image anyone ??? tease
Bookends.

 

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Re: Judges demolish McCanns' innocence

Post by sandancer on 08.02.17 23:44

@Verdi wrote:
@sandancer wrote:
@Verdi wrote:Court of human rights....?




 Hmmmmmm .... what's in it for me?
That face is enough to give anyone nightmares !!!

Spitting Image anyone ??? tease
Bookends.

 
Give them toilet seats and they could enter a gurning competition    lol!

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Re: Judges demolish McCanns' innocence

Post by jeanmonroe on 09.02.17 0:28

http://www.mirror.co.uk/news/uk-news/kate-gerry-mccann-not-totally-9782804

AND

https://www.thesun.co.uk/news/2819783/removal-of-kate-and-gerrys-formal-suspect-status-does-not-mean-they-are-innocent-in-disappearance-of-daughter-madeleine-mccann-judges-say/?CMP=spklr-_-Editorial-_-FBPAGE-_-TheSun-_-20170208-_-803548825

MCCANNS 'NOT IN THE CLEAR' Removal of Kate and Gerry’s ‘formal suspect’ status does not mean they are innocent in disappearance of daughter Madeleine McCann, judges say


Portugal’s Supreme Court has cast doubt over the parents of missing Madeleine once again - claiming there are 'serious concerns' in abduction theory
MATT WILKINSON

8th February 2017, 9:57 pm

KATE and Gerry McCann face fresh heartache after judges said they had not been cleared over daughter Madeleine’s disappearance.

Portugal’s Supreme Court has said the removal of their “arguido” — or formal suspect — status should not be “equated to proof of innocence”.
The country’s most senior judges claimed the investigation into them was only shelved in 2008 because of a lack of evidence.

And they said there were “serious concerns” over the theory that Madeleine had been abducted from their Ocean Club apartment in Praia da Luz, in May 2007.

The comments were made in the Supreme Court’s 76-page dossier after handing victory to ex-detective Goncalo Amaral in an ongoing libel case last week.

The McCanns got Amaral’s book The Truth of the Lie banned and sued for libel after he alleged they faked Madeleine’s abduction to cover up the then three-year-old’s death.

But he is writing a second book about Madeleine’s disappearance — and the McCanns have said they will sue again if it is published in Britain.

Kate and Gerry, both 48, were made arguidos in September 2007. But their status was lifted in July 2008 when Portuguese police archived the investigation.
The Supreme Court is Portugal’s highest court but has no criminal authority. It published its ruling yesterday.

Judges added their job was not to decide if the McCanns bore any criminal responsibility over Madeleine’s disappearance.
And they said it would be wrong to draw any inferences about the couple’s guilt or innocence from their ruling.

Kate and Gerry, of Rothley, Leics, did not want to respond to the judges’ findings last night.

A spokesman said: “It’s entirely a matter for their lawyers.”

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Re: Judges demolish McCanns' innocence

Post by Verdi on 09.02.17 0:35

@jeanmonroe wrote:Kate and Gerry, of Rothley, Leics, did not want to respond to the judges’ findings last night.

A spokesman said: “It’s entirely a matter for their lawyers.”
They already have..

Updates


31 January, 2017 - Statement from Gerry and Kate Regarding Portuguese Supreme Court Ruling


What we have been told by our lawyers is obviously extremely disappointing.

It is eight years since we brought the action and in that time the landscape has dramatically changed, namely there is now a joint Metropolitan Police-Policia Judiciaria investigation which is what we've always wanted.

The police in both countries continue to work on the basis that there is no evidence that Madeleine has come to physical harm.
We will, of course, be discussing the implications of the Supreme Court ruling with our lawyers in due course.

Gerry and Kate

http://findmadeleine.com/updates/index.html

Unless they're waiting for final confirmation by way of document translation funded by the fund.

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Re: Judges demolish McCanns' innocence

Post by jeanmonroe on 09.02.17 0:36

http://www.mirror.co.uk/news/uk-news/kate-gerry-mccann-not-totally-9782804

Kate and Gerry McCann 'not formally in the clear' over daughter Madeleine's disappearance

The couple were ruled out as formal suspects, or “arguidos”, back in 2008 due to lack of evidence – but in court papers released today, judges have said this does not equate to a ruling of ­innocence

ByMartin Fricker,

22:15, 8 FEB 2017
Updated22:26, 8 FEB 2017

Kate and Gerry McCann have been dealt another cruel blow as a Portuguese court failed to put them in the clear over the disappearance of daughter Madeleine.

The couple were ruled out as formal suspects, or “arguidos”, back in 2008 – but in newly released court papers, judges have specified that this does not equate to a ruling of ­innocence.

It will add to the McCanns’ torment, after the same judges ruled against the couple last week in a legal battle with the police officer who led the hunt for their daughter.

The couple sued ex-police chief Goncalo Amaral after he wrote a book claiming they were responsible for Madeleine’s “death” in May 2007.

But he fought the case and Portugal’s Supreme Court sided with him.

In the 76-page ruling on the case – made public – they also said the archiving in 2008 of the criminal case into Madeline’s ­disappearance does not prove the McCanns are innocent.

They wrote: “It should not be said that the appellants were cleared via the ruling announcing the archiving of the criminal case.”

While the judges said it would be wrong to draw any inferences about the couple’s guilt or innocence from the decision, they noted that the case was not shelved because prosecutors believed that Kate and Gerry, from Rothley, Leics, were innocent – but due to a lack of evidence.

The court sided with Goncalo Amaral (Photo: Mirrorpix)

They wrote: “That ruling was not made in virtue of Portugal’s Public Prosecution Service having acquired the conviction that the appellants hadn’t committed a crime.

"The archiving of the case was determined by the fact that public prosecutors hadn’t managed to obtain sufficient evidence of the practice of crimes by the appellants.

The court concluded that the archiving of the case should not be seen as proof the McCanns are not guilty, stating: “It doesn’t therefore seem acceptable that the ruling, based on the insufficiency of evidence, should be equated to proof of innocence.”

The damming document means suspicion still hangs over the heads of the McCanns, who have always claimed their innocence.

It was released after the court decided Amaral’s “right to freedom of expression” was worthy of greater protection than the couple’s “right to honour”.

Amaral, 57, was ordered to pay the couple £360,000 in damages in 2015 for claims he made in The Truth Of The Lie.

He said the McCanns faked Madeline’s abduction after she “died” in their holiday apartment. Amaral claimed his work was based on publicly available police and court files on the case. Kate described the book as “devastating and distressing”.

Amaral successfully overturned the ruling against him last April and the McCanns lodged a Supreme Court appeal.

But judges decided Amaral’s claims were “within admissible limits in a democratic and open society”. It means Kate and Gerry, both 48, face having to pay Amaral’s legal bills and could even be sued by him.

The McCanns may take the case to the European courts, but legal experts say they must prove they have a valid reason of appeal before any hearing would be even considered.

Madeline vanished from an apartment in Praia da Luz as her parents ate at a nearby restaurant. Detectives are said to be working on a theory that she was kidnapped by a European trafficking gang.




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Re: Judges demolish McCanns' innocence

Post by jeanmonroe on 09.02.17 0:44

NOT in 'one zillion years' would the Scum and Mirror have 'printed' this story, in the UK, BEFORE the SC 'judgement'!

Mirror: Kate and Gerry McCann 'not formally in the clear' over daughter Madeleine's disappearance.

Scum: MCCANNS 'NOT IN THE CLEAR' Removal of Kate and Gerry’s ‘formal suspect’ status does not mean they are innocent in disappearance of daughter Madeleine McCann, judges say

Mind you, the Assistant Chief Constable of Leicestershire Police could have 'told them that' YEARS ago! He said: “While both or one of [the McCanns] may be innocent, there is no clear evidence that eliminates them from involvement in Madeleine's disappearance”. Dr Kate said: “We were completely staggered. No evidence to eliminate us?…that line stuck in our heads as ‘guilty until proven innocent’.” Dr McCann said they made ‘a tactical retreat’ to ‘accept a smaller amount of information’: “Having to withdraw was quite galling…”

'withdraw then' and I 'suspect'....'withdraw NOW'!

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Re: Judges demolish McCanns' innocence

Post by jeanmonroe on 09.02.17 2:27

Seriously, no, SERIOUSLY!

Wow, WoW, WOW!

http://www.dailymail.co.uk/news/article-4206214/Court-says-Madeleine-McCann-s-parents-HAVEN-T-cleared.html

Fresh anguish for Madeleine McCann's parents as Portugal's supreme court insists they haven't been proved innocent over their daughter's death
--------------------------------------------

'they haven't been proved innocent over their daughter's DEATH!'

http://www.dailymail.co.uk/news/article-4206214/Court-says-Madeleine-McCann-s-parents-HAVEN-T-cleared.html

Fresh anguish for Madeleine McCann's parents as Portugal's supreme court insists they haven't been proved innocent over their daughter's death
Kate and Gerry McCann always claimed they were innocent of any wrongdoing
Former Portuguese police chief Goncalo Amaral's allegations Maddie died in their holiday flat and her parents faked her abduction to cover up the tragedy
Court in Lisbon said lifting of 'suspect' status did not mean they're innocent

By Alisha Rouse For The Daily Mail

PUBLISHED: 01:10, 9 February 2017 | UPDATED: 02:01, 9 February 2017

The parents of missing Madeleine McCann have been challenged by Portugal's highest court over their insistence they had nothing to do with their daughter's disappearance.
Kate and Gerry McCann have always claimed they were innocent of any wrongdoing despite former police chief Goncalo Amaral's allegations Maddie died in their holiday flat and her parents faked her abduction to cover up the tragedy.
But Portuguese Supreme Court judges who ruled last week against their last-ditch appeal over Mr Amaral's 2008 book 'The Truth of the Lie' said the lifting of their status as 'arguidos' - or formal suspects - did not mean they were innocent.
Kate and Gerry McCann (pictured in 2014) have always claimed they were innocent of any wrongdoing despite former police chief Goncalo Amaral's allegations Maddie died in their holiday flat and her parents faked her abduction to cover up the tragedy
Kate and Gerry McCann (pictured in 2014) have always claimed they were innocent of any wrongdoing despite former police chief Goncalo Amaral's allegations Maddie died in their holiday flat and her parents faked her abduction to cover up the tragedy
Madeleine was three years-old when she disappeared from a holiday apartment in Praia de Luz, Portugal, on May 12, 2003
Madeleine was three years-old when she disappeared from a holiday apartment in Praia de Luz, Portugal, on May 12, 2003
McCanns relive the night Madeleine went missing in Portugal
The statement came in the court's 76-page ruling on the McCann's fight against another court's decision to reverse their 2015 libel win against the former detective.
The couple were left facing a huge legal bill and the prospect of being sued by Mr Amaral, who led the initial hunt for Madeleine when she vanished, after being told last week the Supreme Court had gone against them in a ruling which was not made fully public until yesterday.
Judges made it clear in their decision their job was not to decide whether the McCanns bore any criminal responsibility over their daughter's disappearance and it would be wrong for anyone to draw any inferences about the couple's guilt or innocence from their ruling.
But they added: 'It should not be said that the appellants were cleared via the ruling announcing the archiving of the criminal case.
'In truth, that ruling was not made in virtue of Portugal's Public Prosecution Service having acquired the conviction that the appellants hadn't committed a crime.
'The archiving of the case was determined by the fact that public prosecutors hadn't managed to obtain sufficient evidence of the practice of crimes by the appellants.
'There is therefore a significant, and not merely a semantic difference, between the legally admissible foundations of the archive ruling.
'It doesn't therefore seem acceptable that the ruling, based on the insufficiency of evidence, should be equated to proof of innocence.'
The McCanns were told their 'arguido' status had been lifted on July 21 2008 when the Portuguese probe into Maddie's disappearance was shelved, three days before the controversial book was published
The McCanns were told their 'arguido' status had been lifted on July 21 2008 when the Portuguese probe into Maddie's disappearance was shelved, three days before the controversial book was published
Highlighting the McCanns' Tapas Nine friend Jane Tanner's much-questioned sighting of the suspected 'abductor', they added: 'It's true that the aforementioned criminal inquiry ended up being archived, namely because none of the apparent evidence that led to the appellants being made 'arguidos' was subsequently confirmed or consolidated.
'However even the archive ruling raises serious concerns relating to the truth of the allegation that Madeleine was kidnapped.'
The McCanns were told their 'arguido' status had been lifted on July 21 2008 when the Portuguese probe into Maddie's disappearance was shelved, three days before the controversial book was published.
The former detective was ordered to pay the couple £430,000 by a Lisbon court in April 2015 after they won round one of their lengthy judicial battle.
Mr Amaral got that ruling - and a ban on selling his book - overturned on appeal in April last year.
The decision by Lisbon's Court of Appeal sparked the Supreme Court fight which was resolved last Tuesday.
The Supreme Court judges said the McCanns claimed the book and a TV documentary based on the book would have damaged the honour and good name of any 'innocent person who had been cleared through the shelving of the criminal investigation.'
It is believed the McCanns are discussing the possibility of taking the case to the European Court of Human Rights.
Madeleine was three years-old when she disappeared from a holiday apartment in Praia de Luz, Portugal, on May 12, 2003.
British police have spent more than £10 million looking for Madeleine.
A spokesperson for the McCann's did not want to respond to request for comment last night.
Read more: http://www.dailymail.co.uk/news/article-4206214/Court-says-Madeleine-McCann-s-parents-HAVEN-T-cleared.html#ixzz4Y9RqPGNX
Follow us: @MailOnline on Twitter | DailyMail on Facebook

The Daily Mail article says "DEATH", not 'abduction' or even 'missing', but ........ "DEATH".

('Screen shotted' for 'posterity!)

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Re: Judges demolish McCanns' innocence

Post by MayMuse on 09.02.17 2:36

@jeanmonroe wrote:Seriously, no, SERIOUSLY!

http://www.dailymail.co.uk/news/article-4206214/Court-says-Madeleine-McCann-s-parents-HAVEN-T-cleared.html

Fresh anguish for Madeleine McCann's parents as Portugal's supreme court insists they haven't been proved innocent over their daughter's death
--------------------------------------------

'they haven't been proved innocent over their daughter's DEATH!'
Wow what a headline! 

And spokesperson did not want to comment at this time? 
Is that a first? 

Mmmmm consulting lawyers, would that be Portuguese or Uk lawyers?

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Re: Judges demolish McCanns' innocence

Post by jeanmonroe on 09.02.17 2:48

Highlighting the McCanns' Tapas Nine friend Jane Tanner's much-questioned sighting of the suspected 'abductor', they added: 'It's true that the aforementioned criminal inquiry ended up being archived, namely because none of the apparent evidence that led to the appellants being made 'arguidos' was subsequently confirmed or consolidated."
'However even the archive ruling raises serious concerns relating to the truth of the allegation that Madeleine was kidnapped.'
-------------------------------------

'Last one, of the T7, down the cop shop is a sissy, nah, nah, nah, nah, nah!'

If I were JT I'd be 'lacing up me trainers', RIGHT NOW!.........Before a 'bus', driven by Mcs, 'appears'!

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Re: Judges demolish McCanns' innocence

Post by The Rooster on 09.02.17 6:37

Get in there! The papers must be trying to talk to the 7. What about the pact? Will one of them speak up?

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Re: Judges demolish McCanns' innocence

Post by nglfi on 09.02.17 6:46

One would have thought if they were that desperate to be 'proved' innocent, they would have fully co operated with the investigation, and gave every single piece of information and evidence they had to offer. Then if that evidence still led to them being constituted arguidos and the case went to court, they would have had their moment on the stand where they could proclaim their innocence loud and clear. Or maybe, just maybe they aren't innocent.
If the Portuguese police are so incompetent and barking completely up the wrong tree, they would have been found innocent, 'proved' innocent and no one would question their version of events again. As it stands they've done almost everything they can to appear guilty AF.

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Re: Judges demolish McCanns' innocence

Post by Carrry On Doctor on 09.02.17 9:20

It would appear that newspapers can now return to the damning stories they once freely published.

Interesting ending I thought to the Mirror article.....

 "Detectives are said to be working on a theory that she was kidnapped by a European trafficking gang"


Instead of happily peddling stories about mythical kidnapping gangs and tractor drivers, the Mirror is now casting doubt on the publicly perceived final line of enquiry, and hinting that OG is genuine ?

Very interesting.

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Re: Judges demolish McCanns' innocence

Post by Get'emGonçalo on 09.02.17 9:42






Poor Pamela Gurney isn't taking this at all well empathy

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I'm not saying Gerry McCann is obsessed with what comes out in the media but Kim Jong-un thinks he needs to lighten up a bit.


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