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Roderick MacDonald, newest suspect in the McCann case (Daily Mail 15/10/14)

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Re: Roderick MacDonald, newest suspect in the McCann case (Daily Mail 15/10/14)

Post by Tony Bennett on 06.11.14 10:51

Realist wrote:
awto wrote:
  If not then why don't Portugal not make them suspects, and demand a EU arrest  and send them back to Portugal.  PJ  have their hands tied behind their back.

A European state cannot simply issue an EAW on the basis of suspicion, the warrant has to be accompanied by tangible evidence relating to the matter they are seeking extradition for.
Welcome to the forum, Realist, and, yes the statement you've made above about EAWs is a correct summary of what evidence there needs to be before an EAW can be issued. 

No doubt you and everyone here will recall that one of the very first things the McCanns did when they rushed back from Portugal on 9 September 2007 was to consult with top British extradition lawyer, Michael Caplan Q.C. - the man who famously succeeded in preventing General Pinochet from being extradited to Britain.

No doubt the McCanns were very fearful that the Portuguese would use the EAW to bring them back to Portugal - until, that is, the hated Dr Goncalo Amaral was summarily removed from his post after strenuous objections to him from British Prime Minister Gordon Brown.

No doubt there would be some who would argue that what with the evidence of Martin Grime, a long list of contradictions and changes of story, and now the 'Last Photo' evidence, there is already sufficient evidence to apply for an EAW for further questioning of the McCanns.

But IMO the Portuguese powers-that-be decided long ago to give up on the case - besides which their judicial system is in crisis...they can't even get round to finishing the case of McCanns v Amaral, which has now been running for 5 years, 4 months and 16 days, with no end in sight

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Re: Roderick MacDonald, newest suspect in the McCann case (Daily Mail 15/10/14)

Post by ultimaThule on 06.11.14 11:36

As I recall, Baltasar Garzon issued an international arrest warrant which led to the arrest of the Chilean dictator in London and it seems to me that you may have intended to write "Michael Caplan Q.C. - the man who famously succeeded in preventing General Pinochet from being extradited from Britain.to Spain" TB, albeit that a year or so elapsed before the then Home Secretary, Jack Straw, allowed the General to return to his home country on 'health grounds'.
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Re: Roderick MacDonald, newest suspect in the McCann case (Daily Mail 15/10/14)

Post by Rogue-a-Tory on 06.11.14 12:43

ultimaThule wrote:As I recall, Baltasar Garzon issued an international arrest warrant which led to the arrest of the Chilean dictator in London and seems to me that you may have intended to write "Michael Caplan Q.C. - the man who famously succeeded in preventing General Pinochet from being extradited from Britain.to Spain" TB, albeit that a year or so elapsed before the then Home Secretary, Jack Straw, allowed the General to return to his home country on 'health grounds'.
Baltasar Garzon, removed as a judge in the Spanish Tribunals for illegally tapping defence phone calls & now heads up Julian Asange's legal team. Pity he couldn't have intercepted a few phone calls from neighbouring Portugal during May 2007.
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Re: Roderick MacDonald, newest suspect in the McCann case (Daily Mail 15/10/14)

Post by PeterMac on 06.11.14 13:09

Tony Bennett wrote:
No doubt there would be some who would argue that what with the evidence of Martin Grime, a long list of contradictions and changes of story, and now the 'Last Photo' evidence, there is already sufficient evidence to apply for an EAW for further questioning of the McCanns.

The problem with the EAW is that the standard and quantum of proof necessary must in reality be sufficient for someone to "Charged on a denial".
Further questioning under most European systems permits "No comment" answers, and the EAW must be based on enough to charge on arrival in the issuing country.
IN the instant case of the mcCans we have already seen the Kate refused to answer questions which might even have led to the recovery of her daughter.
So the chances of either of them saying anything, when they are protected by a "greed' of lawyers, an 'odium' of politicians, and a 'dishonesty' of PR people, are remote.


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Re: Roderick MacDonald, newest suspect in the McCann case (Daily Mail 15/10/14)

Post by aquila on 06.11.14 13:26

PeterMac wrote:
Tony Bennett wrote:
No doubt there would be some who would argue that what with the evidence of Martin Grime, a long list of contradictions and changes of story, and now the 'Last Photo' evidence, there is already sufficient evidence to apply for an EAW for further questioning of the McCanns.

The problem with the EAW is that the standard and quantum of proof necessary must in reality be sufficient for someone to "Charged on a denial".
Further questioning under most European systems permits "No comment" answers, and the EAW must be based on enough to charge on arrival in the issuing country.
IN the instant case of the mcCans we have already seen the Kate refused to answer questions which might even have led to the recovery of her daughter.
So the chances of either of them saying anything, when they are protected by a "greed'  of lawyers, an 'odium' of politicians, and a 'dishonesty' of PR people, are remote.

Strangely, Mark Williams-Thomas did a television programme where he went to Portugal to track and locate a British paedophile in the Algarve who was under a EAW. It took poor old Mark and his team 4 months to get a result in the struggle with the Portuguese police to allow the UK public to see how crap the Portuguese police are.

There's nowt like PR.

Mark Williams-Thomas, paedo finder general went to Portugal.

I'm sure he could have found a few paedophiles in UK he could have concentrated on.

PR!
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Re: Roderick MacDonald, newest suspect in the McCann case (Daily Mail 15/10/14)

Post by ultimaThule on 06.11.14 13:28

A potted history of Kingsley Napley - take a screen shot before it disappears from view: http://www.kingsleynapley.co.uk/assets/files/news/Evening%20Standard%2029%20Sept%2007.pdf
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Re: Roderick MacDonald, newest suspect in the McCann case (Daily Mail 15/10/14)

Post by Jamming on 06.11.14 13:57

ultimaThule wrote:A potted history of Kingsley Napley - take a screen shot before it disappears from view: http://www.kingsleynapley.co.uk/assets/files/news/Evening%20Standard%2029%20Sept%2007.pdf


£700 an hour they paid these guys !! 

Only to ignore the advice given by Caplan "he privately told the McCanns that media overexposure will only antagonise the sensitive Portuguese authorities



On a side note, I've had my own dealings with Kingsley Napley in the past, and their client settled out of court with me
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Re: Roderick MacDonald, newest suspect in the McCann case (Daily Mail 15/10/14)

Post by Tony Bennett on 06.11.14 14:02

ultimaThule wrote:..it seems to me that you may have intended to write "Michael Caplan Q.C. - the man who famously succeeded in preventing General Pinochet from being extradited from Britain to Spain" TB
You're quite right, thanks

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