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Understanding the Portuguese criminal process

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Re: Understanding the Portuguese criminal process

Post by PeterMac on 12.12.11 16:12

A bit like Miranda - v - Arizona.

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Re: Understanding the Portuguese criminal process

Post by TrollAng on 12.12.11 16:29

It's an interesting system if you think about it. If a case doesn't go to trial the documents are released to the public. So it must be the PP who makes the call on what evidence is released and what is not. It makes me wonder what happens if a case is subsequently re-opened and then goes to the courts. Can the defence then claim that their right to a fair trial has been compromised because the evidence that's been disclosed is biased?
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Re: Understanding the Portuguese criminal process

Post by Xavier on 12.12.11 16:44

@PeterMac wrote:A bit like Miranda - v - Arizona.

Possibly. That did have a rather fatal constitutional flaw in the original confession.

I have been puzzling as to how that could apply under the Portuguese system, though.

Trollang - have just seen your response. No I do not think so. Because it would only be reopened in the light of new evidence.

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Re: Understanding the Portuguese criminal process

Post by rainbow-fairy on 12.12.11 16:48

Don't worry Xavier this thread isn't mogadon nor have I dropped off - I've been riding my lovely horse Wink Always good for the soul to get out of the McCann sewer once in a while...
I would've thought that if the most incriminating evidence was inadmissible, leaving not enough to proceed to trial, this would also be applicable to the above?

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Re: Understanding the Portuguese criminal process

Post by Xavier on 12.12.11 17:13

Yes RF - always good to get away at times.

Evidence is deemed inadmissible for a good reason. It is possible that occasionally a piece of evidence or a procedure may be challenged and deemed inadmissible - perhaps because the method of collecting it was illegal, or unsafe, or evidence was contaminated.

But if this happens to the extent that the most inciminating evidence is deemed inadmissible, and a case extended to over 12 months cannot be proceeded with, then there is something seriously wrong with the agency responsible, and it could be "not fit for purpose".

This is particularly so in Portugal, where the case is under the supervision of the PP.

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Re: Understanding the Portuguese criminal process

Post by Me on 12.12.11 17:35

I know this thread has moved on but I’d still be interested to know definitively about what I posted about a few pages back.

Namely how can it be simply repeating or put forward the conclusions of the official police investigation and subsequent interim report which accused the McCann’s be deemed as defamation / libel ?

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What is certain is that since the start of the investigation there were  incongruent and even contradictory situations concerning the witness statements; the telephone records of calls that were made and received on mobile phones that belonged to the couple and to the group of friends that were on holidays with them; the movements of people right after the disappearance of the little girl was noticed, concerning the state in which the bedroom from where the child disappeared from was found (closed window? open window? partially open window?) etc., and the mystery would only become even thicker due to the clues that were left by the already mentioned sniffer dogs. - The Words of a JUDGE in relation to the McCanns

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Re: Understanding the Portuguese criminal process

Post by rainbow-fairy on 12.12.11 18:17

@Me wrote:I know this thread has moved on but I’d still be interested to know definitively about what I posted about a few pages back.

Namely how can it be simply repeating or put forward the conclusions of the official police investigation and subsequent interim report which accused the McCann’s be deemed as defamation / libel ?
Me, I can't answer this with lots of legal terms and jargon, but I believe the simple answer is ; It Isn't. Hence why Amaral won his last case, and (should) win the next. If it was libel, then surely K+G would sue the Pt Police, judge, the author of that archiving despatch... They haven't, I wonder why??? Wink

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Re: Understanding the Portuguese criminal process

Post by happychick on 12.12.11 18:24

They also haven't sued Lee Rainbow, Moita Flores, John Stalker, Martin Grime, Katherina Gaspar, Carlos Anjos, Dr Vernon Coleman, George Galloway, Pat Brown, Martin Brunt or the Daily Telegraph.

But aren't they also suing Paulo Sargento?
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Re: Understanding the Portuguese criminal process

Post by Me on 12.12.11 18:37

@rainbow-fairy wrote:
@Me wrote:I know this thread has moved on but I’d still be interested to know definitively about what I posted about a few pages back.

Namely how can it be simply repeating or put forward the conclusions of the official police investigation and subsequent interim report which accused the McCann’s be deemed as defamation / libel ?
Me, I can't answer this with lots of legal terms and jargon, but I believe the simple answer is ; It Isn't. Hence why Amaral won his last case, and (should) win the next. If it was libel, then surely K+G would sue the Pt Police, judge, the author of that archiving despatch... They haven't, I wonder why??? Wink

So why did TB sign an undertaking not to repeat the allegations he put forward, which were, broadly, the same as the investigation, given that if he didn't he would lose a libel case?

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What is certain is that since the start of the investigation there were  incongruent and even contradictory situations concerning the witness statements; the telephone records of calls that were made and received on mobile phones that belonged to the couple and to the group of friends that were on holidays with them; the movements of people right after the disappearance of the little girl was noticed, concerning the state in which the bedroom from where the child disappeared from was found (closed window? open window? partially open window?) etc., and the mystery would only become even thicker due to the clues that were left by the already mentioned sniffer dogs. - The Words of a JUDGE in relation to the McCanns

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Re: Understanding the Portuguese criminal process

Post by Xavier on 12.12.11 18:57

The difference is that they were under privilege. TB and GA were not.

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Re: Understanding the Portuguese criminal process

Post by rainbow-fairy on 12.12.11 19:09

@Me wrote:
@rainbow-fairy wrote:
@Me wrote:I know this thread has moved on but I’d still be interested to know definitively about what I posted about a few pages back.

Namely how can it be simply repeating or put forward the conclusions of the official police investigation and subsequent interim report which accused the McCann’s be deemed as defamation / libel ?
Me, I can't answer this with lots of legal terms and jargon, but I believe the simple answer is ; It Isn't. Hence why Amaral won his last case, and (should) win the next. If it was libel, then surely K+G would sue the Pt Police, judge, the author of that archiving despatch... They haven't, I wonder why??? Wink

So why did TB sign an undertaking not to repeat the allegations he put forward, which were, broadly, the same as the investigation, given that if he didn't he would lose a libel case?
That, Me, is something you would have to ask Tony... I personally would have signed no such thing, and from all the posts I've seen I can't see that Tony has been libellous in any way. In fact, while some posters outright accuse the McCanns of acts both likely and outrageous, I don't think I've ever seen Tony do so. He presents facts. Facts people may not like, granted, but facts nonetheless and then let's them speak for themselves.
More pertinent, I think, is why the McCanns have targeted Tony specifically. Has he got too near the truth, perhaps?

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Re: Understanding the Portuguese criminal process

Post by Xavier on 12.12.11 20:27

At the time TB gave an undertaking to the high court he was facing a defamation action. Legal advice was that he was likely to lose in court. He therefore gave an undertaking to persuade the McCanns to stay the action. He did at the time have the option of defending the libel action, but chose to give an undertaking.

In subsequently choosing to break the undertaking, without first applying to the court to have it set aside, he has exposed himself to action for contempt. Whilst such action has to be triggered by a complaint, the court take a pretty dim view of those who give an undertaking and subsequenly break it.

It is all very well to say that you would not have signed the undertaking. What would you have done? Given the circumstances.

The reason that TB and GA are facing defamation action, whilst those others such as "Pt Police, judge, the author of that archiving despatch" are not is that these others were part of a police investigation, and therefore have protection (provided they stick to the rules). It would hamper any investigation if thoughts could not be expressed without facing potential action for defamation.

Following the archiving of the case in the form in which it was done, those repeating those conclusions without privilige are at risk of action.

You may not like it, but this is how it works.

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Re: Understanding the Portuguese criminal process

Post by TrollAng on 12.12.11 20:40

So are you saying, Xavier, that while the files have been released and everyone has access to them that nobody is allowed to discuss any of that evidence in a negative light without privilege?
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Re: Understanding the Portuguese criminal process

Post by Xavier on 12.12.11 21:46

Hmmmmm. Not easy to answer. But I will have a go.

Firstly, it is unusual that details of an investigation are revealed in as much detail as they are in this one - it is something unique to Portugal. It is both a commendably open approach and also potentially damaging.

It is not forbidden to discuss the evidence ina negative light. However, there is a fine dividing line between discussing the information provided and using information selectively to draw conculsions of guilt. And to focus on one aspect of the investigation (eg Tavares interim statement) and ignore the archiving statement of the PP.

To try to find an analogy (always difficult and dont shoot me for trying). Take the Jo Yates murder case. It is a fact that her landlord was arrested on suspicion of murder, held for two days before being released on bail. This information is in the public domain. If you now used that information to suggest that he was guilty of a crime then you would (rightly) expose yourself to action for defamation. ,

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Re: Understanding the Portuguese criminal process

Post by Me on 13.12.11 8:03

@Xavier wrote:Hmmmmm. Not easy to answer. But I will have a go.

Firstly, it is unusual that details of an investigation are revealed in as much detail as they are in this one - it is something unique to Portugal. It is both a commendably open approach and also potentially damaging.

It is not forbidden to discuss the evidence ina negative light. However, there is a fine dividing line between discussing the information provided and using information selectively to draw conculsions of guilt. And to focus on one aspect of the investigation (eg Tavares interim statement) and ignore the archiving statement of the PP.

To try to find an analogy (always difficult and dont shoot me for trying). Take the Jo Yates murder case. It is a fact that her landlord was arrested on suspicion of murder, held for two days before being released on bail. This information is in the public domain. If you now used that information to suggest that he was guilty of a crime then you would (rightly) expose yourself to action for defamation. ,

Not going to shoot you but there is a huge difference with the Jo Yates case in that that was solved and it was proven that someone else committed the murder. Therefore to accuse the landlord now, given that fact, would clearly be defamation.

In the case of Maddie no one has been found guilty, no evidence has been found after 4 years to support the theory of abduction and if you include both the interim and final archicving report as one the conclusions of both are different but both say that the Mccann's have failed to prove their innoncence of involvement / exoneration.

____________________
What is certain is that since the start of the investigation there were  incongruent and even contradictory situations concerning the witness statements; the telephone records of calls that were made and received on mobile phones that belonged to the couple and to the group of friends that were on holidays with them; the movements of people right after the disappearance of the little girl was noticed, concerning the state in which the bedroom from where the child disappeared from was found (closed window? open window? partially open window?) etc., and the mystery would only become even thicker due to the clues that were left by the already mentioned sniffer dogs. - The Words of a JUDGE in relation to the McCanns

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Re: Understanding the Portuguese criminal process

Post by jd on 13.12.11 8:59

.....'no evidence has been found after 4 years to support the theory of abduction'.......Not one shred and the case is classified in the UK as a 'missing persons' because there is no evidence of an abduction

The mccanns, their cronies & media are completely lying and misleading the public




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Re: Understanding the Portuguese criminal process

Post by Gillyspot on 13.12.11 10:01

Xavier I wasn't having a go at you in my post on another thread

As far as I am aware under Portuguese law the McCanns' are not cleared by the A G Statement and if the case is reopened then they will become arguidos again.

Am I right or wrong in this?

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Re: Understanding the Portuguese criminal process

Post by Xavier on 13.12.11 11:50

@Gillyspot wrote:Xavier I wasn't having a go at you in my post on another thread

As far as I am aware under Portuguese law the McCanns' are not cleared by the A G Statement and if the case is reopened then they will become arguidos again.

Am I right or wrong in this?

Gillyspot. Apologies if I sounded irritated. Aftermath of office drinks party.

It is an interesting question. Lets have a look at what was said.

Nevertheless, anyone who feels unsatisfied about the epilogue of the investigations, will have the possibility to react against it, having the possibility of eventually changing that epilogue, by prompting diligences based on new evidence, as long as that person has the legitimacy to request them and the requested diligences are serious, pertinent and consequent. They may do so in three ways: by requesting the reopening of the inquiry, under article 279, number 1 of the Penal Process Code; by appealing hierarchically against this dispatch under number 2 of article 278, or in another case, under number 2 of article 279 of the Penal Process Code, or by requesting the opening of the instruction under article 287, number 1, item b, of the Penal Process Code.

Finally, it should be noted that an archiving decision may be a fair decision, although of the possible justice, and, especially, to underline heavily that the archiving of the present files does not equal a definite and irreversible closing of the process. This process, as long as the prescription deadline for the possibly committed crimes does reach its term, and if new evidence that justifies it, appears, can always be reopened, officiously or through the request of an assistant, again ordinate to a final decision of accusation or non accusation.

Therefore, after all seen, analysed and duly pondered, with all that is left exposed, it is determined:

a) The archiving of the Process concerning arguido Robert James Queriol Eveleigh Murat, because there are no indications of the practise of any crime under the dispositions of article 277 number 1 of the Penal Process Code;

b) The archiving of the Process concerning Arguidos Gerald Patrick McCann and Kate Marie Healy, because there are no indications of the practise of any crime under the dispositions of article 277 number 1 of the Penal Process Code.

Article 277 number 3 of the Penal Process Code is to be fulfilled.

Under article 214 number 1 item a) of the Penal Process Code, the coercion measures that have been imposed on the arguidos are declared extinct.

Portimão, 21.07.08

The Republic's Prosecutor

(José de Magalhaes e Menezes)

The Joint General Prosecutor

(signature)

(Joao Melchior Gomes)

http://www.mccannpjfiles.co.uk/PJ/LEGAL_SUMMARY.htm


This means that at the end of the inquiry phase, they must close this phase (article 276), either by arciving the process (Article 277) or proceeding to charge, and opening the instruction phase (article 286 and 287).

So what has heppened? They have closed the Inquiry phase by archiving the process under Article 277 (1) and using the form of words that he has, "because there are no indications of the practise of any crime under the dispositions of article 277 number 1 of the Penal Process Code" - he is saying that they have not committed (practiced) and crime and they are therefore cleared.

If the case is reopened, because new evidence has come to light, it is not necessarily the case that the McCanns would become arguidos again. It would depend on the nature and reason for reopening the case. It is perfectly possible that they may be witnesses, or not involved at all.

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Re: Understanding the Portuguese criminal process

Post by Me on 13.12.11 11:56

@Xavier wrote:
This means that at the end of the inquiry phase, they must close this phase (article 276), either by arciving the process (Article 277) or proceeding to charge, and opening the instruction phase (article 286 and 287).

So what has heppened? They have closed the Inquiry phase by archiving the process under Article 277 (1) and using the form of words that he has, "because there are no indications of the practise of any crime under the dispositions of article 277 number 1 of the Penal Process Code" - he is saying that they have not committed (practiced) and crime and they are therefore cleared.

How can a prosecutor (i.e. civil servant) "clear" them? Surely only a court and Judge can do that?

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What is certain is that since the start of the investigation there were  incongruent and even contradictory situations concerning the witness statements; the telephone records of calls that were made and received on mobile phones that belonged to the couple and to the group of friends that were on holidays with them; the movements of people right after the disappearance of the little girl was noticed, concerning the state in which the bedroom from where the child disappeared from was found (closed window? open window? partially open window?) etc., and the mystery would only become even thicker due to the clues that were left by the already mentioned sniffer dogs. - The Words of a JUDGE in relation to the McCanns

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Re: Understanding the Portuguese criminal process

Post by Xavier on 13.12.11 12:00

@Me wrote:
@Xavier wrote:Hmmmmm. Not easy to answer. But I will have a go.

Firstly, it is unusual that details of an investigation are revealed in as much detail as they are in this one - it is something unique to Portugal. It is both a commendably open approach and also potentially damaging.

It is not forbidden to discuss the evidence ina negative light. However, there is a fine dividing line between discussing the information provided and using information selectively to draw conculsions of guilt. And to focus on one aspect of the investigation (eg Tavares interim statement) and ignore the archiving statement of the PP.

To try to find an analogy (always difficult and dont shoot me for trying). Take the Jo Yates murder case. It is a fact that her landlord was arrested on suspicion of murder, held for two days before being released on bail. This information is in the public domain. If you now used that information to suggest that he was guilty of a crime then you would (rightly) expose yourself to action for defamation. ,

Not going to shoot you but there is a huge difference with the Jo Yates case in that that was solved and it was proven that someone else committed the murder. Therefore to accuse the landlord now, given that fact, would clearly be defamation.

In the case of Maddie no one has been found guilty, no evidence has been found after 4 years to support the theory of abduction and if you include both the interim and final archicving report as one the conclusions of both are different but both say that the Mccann's have failed to prove their innoncence of involvement / exoneration.

OK - (difficult to find a precise analogy). A question. Had Tabak not been found guilty of murder do you think it would be OK to claim in blogs, and print, that the landlord was guilty, citing the fact that the police had indeed arrested him previously as justification?

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Re: Understanding the Portuguese criminal process

Post by happychick on 13.12.11 12:03

@Xavier wrote:If the case is reopened, because new evidence has come to light, it is not necessarily the case that the McCanns would become arguidos again. It would depend on the nature and reason for reopening the case. It is perfectly possible that they may be witnesses, or not involved at all.

And yet something still stops them from buying a first class stamp to request the case is reopened.

Whatever could it be?

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Re: Understanding the Portuguese criminal process

Post by Guest on 13.12.11 12:08

@Xavier wrote:
@Gillyspot wrote:Xavier I wasn't having a go at you in my post on another thread

As far as I am aware under Portuguese law the McCanns' are not cleared by the A G Statement and if the case is reopened then they will become arguidos again.

Am I right or wrong in this?

Gillyspot. Apologies if I sounded irritated. Aftermath of office drinks party.

It is an interesting question. Lets have a look at what was said.

Nevertheless, anyone who feels unsatisfied about the epilogue of the investigations, will have the possibility to react against it, having the possibility of eventually changing that epilogue, by prompting diligences based on new evidence, as long as that person has the legitimacy to request them and the requested diligences are serious, pertinent and consequent. They may do so in three ways: by requesting the reopening of the inquiry, under article 279, number 1 of the Penal Process Code; by appealing hierarchically against this dispatch under number 2 of article 278, or in another case, under number 2 of article 279 of the Penal Process Code, or by requesting the opening of the instruction under article 287, number 1, item b, of the Penal Process Code.

Finally, it should be noted that an archiving decision may be a fair decision, although of the possible justice, and, especially, to underline heavily that the archiving of the present files does not equal a definite and irreversible closing of the process. This process, as long as the prescription deadline for the possibly committed crimes does reach its term, and if new evidence that justifies it, appears, can always be reopened, officiously or through the request of an assistant, again ordinate to a final decision of accusation or non accusation.

Therefore, after all seen, analysed and duly pondered, with all that is left exposed, it is determined:

a) The archiving of the Process concerning arguido Robert James Queriol Eveleigh Murat, because there are no indications of the practise of any crime under the dispositions of article 277 number 1 of the Penal Process Code;

b) The archiving of the Process concerning Arguidos Gerald Patrick McCann and Kate Marie Healy, because there are no indications of the practise of any crime under the dispositions of article 277 number 1 of the Penal Process Code.

Article 277 number 3 of the Penal Process Code is to be fulfilled.

Under article 214 number 1 item a) of the Penal Process Code, the coercion measures that have been imposed on the arguidos are declared extinct.

Portimão, 21.07.08

The Republic's Prosecutor

(José de Magalhaes e Menezes)

The Joint General Prosecutor

(signature)

(Joao Melchior Gomes)

http://www.mccannpjfiles.co.uk/PJ/LEGAL_SUMMARY.htm


This means that at the end of the inquiry phase, they must close this phase (article 276), either by arciving the process (Article 277) or proceeding to charge, and opening the instruction phase (article 286 and 287).

So what has heppened? They have closed the Inquiry phase by archiving the process under Article 277 (1) and using the form of words that he has, "because there are no indications of the practise of any crime under the dispositions of article 277 number 1 of the Penal Process Code" - he is saying that they have not committed (practiced) and crime and they are therefore cleared.

If the case is reopened, because new evidence has come to light, it is not necessarily the case that the McCanns would become arguidos again. It would depend on the nature and reason for reopening the case. It is perfectly possible that they may be witnesses, or not involved at all.


I don't think archiving means cleared. Archiving is putting in a place for future reference.

ar·chive



noun /ˈärˌkīv/ 
archives, plural


1.A collection of historical documents or records providing information about a place, institution, or group of people
- source materials in local archives
- a section of archive film


2.The place where such documents or records are kept
- to get into the archives I had to fill in a request form



verb /ˈärˌkīv/ 
archived, past participle; archived, past tense; archives, 3rd person singular present; archiving, present participle


1.Place or store (something) in such a collection or place


2.Transfer (data) to a less frequently used storage medium such as magnetic tape, typically external to the computer system and having a greater storage capacity





--------------------------------------------------------------------------------

Web definitions

put into an archive

a depository containing historical records and documents

wordnetweb.princeton.edu/perl/webwn

(archives) collection of records especially about an institution

wordnetweb.princeton.edu/perl/webwn

An archive is a collection of historical records, as well as the place they are located. Archives contain primary source documents that have accumulated over the course of an individual or organization's lifetime.

en.wikipedia.org/wiki/Archive


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Re: Understanding the Portuguese criminal process

Post by Xavier on 13.12.11 12:11

@Me wrote:
@Xavier wrote:
This means that at the end of the inquiry phase, they must close this phase (article 276), either by arciving the process (Article 277) or proceeding to charge, and opening the instruction phase (article 286 and 287).

So what has heppened? They have closed the Inquiry phase by archiving the process under Article 277 (1) and using the form of words that he has, "because there are no indications of the practise of any crime under the dispositions of article 277 number 1 of the Penal Process Code" - he is saying that they have not committed (practiced) and crime and they are therefore cleared.

How can a prosecutor (i.e. civil servant) "clear" them? Surely only a court and Judge can do that?

I think perhaps it would be helpful to have a deeper understanding of the role of the PP in the Portuguese criminal justice system.

http://www.euro-justice.com/member_states/portugal/country_report/2811/

There is a lot to take in there.

To my mind the beginning of chaper three may help: The accusatorial system requires that nobody can be judged without having been previously accused and that it is the indictment at the end of the inquiry phase, which defines the limits of the court trial.

If you now refer to the way in which the inquiry phase was closed, you will see that there is nothing to "clear" them of.

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Re: Understanding the Portuguese criminal process

Post by Me on 13.12.11 12:11

@Xavier wrote:
@Me wrote:
@Xavier wrote:Hmmmmm. Not easy to answer. But I will have a go.

Firstly, it is unusual that details of an investigation are revealed in as much detail as they are in this one - it is something unique to Portugal. It is both a commendably open approach and also potentially damaging.

It is not forbidden to discuss the evidence ina negative light. However, there is a fine dividing line between discussing the information provided and using information selectively to draw conculsions of guilt. And to focus on one aspect of the investigation (eg Tavares interim statement) and ignore the archiving statement of the PP.

To try to find an analogy (always difficult and dont shoot me for trying). Take the Jo Yates murder case. It is a fact that her landlord was arrested on suspicion of murder, held for two days before being released on bail. This information is in the public domain. If you now used that information to suggest that he was guilty of a crime then you would (rightly) expose yourself to action for defamation. ,

Not going to shoot you but there is a huge difference with the Jo Yates case in that that was solved and it was proven that someone else committed the murder. Therefore to accuse the landlord now, given that fact, would clearly be defamation.

In the case of Maddie no one has been found guilty, no evidence has been found after 4 years to support the theory of abduction and if you include both the interim and final archicving report as one the conclusions of both are different but both say that the Mccann's have failed to prove their innoncence of involvement / exoneration.

OK - (difficult to find a precise analogy). A question. Had Tabak not been found guilty of murder do you think it would be OK to claim in blogs, and print, that the landlord was guilty, citing the fact that the police had indeed arrested him previously as justification?

I still find that Yates analogy tenuous at best. In the case of the landlord, on the basis, that no evidentiary details were released regarding why he was suspected and arrested then absolutely not, it would be defamatory to claim he murdered her.

This case is much different in that the majority of evidence gathered has been released allowing people to see the evidence against the McCann’s and whilst circumstantial and incomplete it was still sufficient for the Judge in the Amaral book trial to conclude:

We need, the judges say, to stress the following: the facts that led to the applicants' constitution as arguidos within the inquiry were later on not sufficiently valued by the Public Ministry's Prosecutors to lead to a criminal accusation, but those very same facts, seen from a different angle, may lead to a different conclusion from that of the prosecutors.
So whilst the evidence has not been fully tested in a court there appears to be enough evidence there at this stage to at least be able to view the facts of the case and speculate that the parents were indeed involved, according to this Judge.

____________________
What is certain is that since the start of the investigation there were  incongruent and even contradictory situations concerning the witness statements; the telephone records of calls that were made and received on mobile phones that belonged to the couple and to the group of friends that were on holidays with them; the movements of people right after the disappearance of the little girl was noticed, concerning the state in which the bedroom from where the child disappeared from was found (closed window? open window? partially open window?) etc., and the mystery would only become even thicker due to the clues that were left by the already mentioned sniffer dogs. - The Words of a JUDGE in relation to the McCanns

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Re: Understanding the Portuguese criminal process

Post by Xavier on 13.12.11 12:17

Candyfloss and Happychick - you need to consider that the legal sense of Archiving is different from the dictionary definition. It is more in the sense of closing or bringing to an end (of the Inquiry phase). Which can either mean "close - only to be reopened with new evidence" or "proceed to instruction phase - charge, etc.

Happychick - unless new evidence is presented, it is not in their power to request the reopening. There has to be a reason to reopen the case. It is true that either party can request reopening, but it is not an automatic process - thyey would have to provide a reason.

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