LATEST NEWS - WEEK BEGINNING 19th NOVEMBER 2007

Reference Forum for all information regarding translations and PT Law etc and other useful information.

Postby kizzy » Sat Nov 24, 2007 9:48 pm

The Telegraph

23rd November 2007

'Madeleine McCann is probably dead'

http://tinyurl.com/2j97t3
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Postby kizzy » Sat Nov 24, 2007 9:49 pm

The Telegraph

23rd November 2007

Madeleine McCann's mother takes drug test

http://www.telegraph.co.uk/news/main.jh ... ddy223.xml
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Postby kizzy » Sat Nov 24, 2007 9:50 pm

Correio da Manha

23 November 2007

By Lee Sanders / Lusa

Questionings: They can watch the diligences
PJ inspectors will go to England


The Policia Judiciaria will be present when the McCanns and the friends that were spending their holidays with them are questioned again. Although the Portuguese police has no authority to perform autonomous questionings on British soil, according to what CM was able to establish, the inspectors that are connected to the investigation into the disappearance of the English girl will personally hear all the answers that the potential suspects will give.

"It's the same that would happen if English authorities or from any other country had an investigation that involved Portugal", a source that is connected to the investigation has explained to CM. "The diligences are performed by the national authorities, accompanied by representatives from those who made the request". This means that when the interrogations with the dozens of questions that are going to be sent with the rogatory letters take place, "inspectors from the Policia Judiciaria will be present, to watch the diligence and to remember possible questions or any other thing that may be overlooked by the English authorities", the same source added.

What is still unknown is the date when those questionings are going to take place. This is because the sending of the rogatory letters depends on the arrival in Portugal of the results of forensics tests that are being performed in the forensic sciences lab in Birmingham.

A source that is connected to the investigation has again confirmed yesterday that the results have not arrived yet, "but the PJ knows why they are late and there is no problem whatsoever", the source explained. The results of the analyses - which are going to join those which have already been delivered by the English lab - are not decisive for the interrogations to take place. As CM was able to report on Tuesday, it has been decided that those will be performed. But the results that have not been delivered yet may change some of the questions that are to be asked from the McCanns or from the friends that were on holidays with them.

On the other hand, there are new diligences pending which the Judiciaria is preparing to perform, as CM reported yesterday. The PJ maintains that the investigation line "is not going to change", and continues to point to the death of the child that disappeared on May 3 from Praia da Luz. Those diligences will take place over the coming days, and the PJ is keeping them in total secrecy.

Translated by Astro - Mirror Forum

http://www.correiomanha.pt/noticia.asp? ... l=10&p=200
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Postby kizzy » Sat Nov 24, 2007 9:51 pm

24Horas

23 November 2007

The apartment where the McCanns stayed in the Algarve belongs to a... McCann

Strange coincidence

The house where the McCanns stayed in Praia da Luz, Lagos, belongs to a woman who is also called McCann, and not to the Ocean Club. When confronted with the possibility that this is a relative of Maddie's parents, Clarence Mitchell, the spokesman for the parents, denied the fact, saying it's "a strange and remarkable coincidence".

Fraction A, allotment 5, located at Rua Dr. Agostinho Silva, Urbanizacao Montes da Luz, Praia da Luz, is registered under matrix 3666. In 2001, the residence was bought by a sort of society that was composed of Daniel John Aldred, Michael William McCann, his daughter (from a first marriage) Donna Michelle Aldred, and his wife, Ruth Margaret McCann.

Michael McCann, who was born in Devonport, Plymouth, was a widower when he married Ruth Margaret Pittaway, who is presently 53 years old, also a widow, in 1987. In 2005, Michael and Ruth decided to buy the Aldred's part, and remained with 50% of the apartment each.

Later, in July 2006, Michael McCann died in Liverpool, and in November of the same year, Ruth McCann inherited her partner's part, and remained as sole proprietor of the apartment.

No break-in

As 24Horas was able to establish with judicial sources, Ruth was never heard by the Portuguese authorities. On the other hand, Clarence Mitchell, Kate and Gerry's spokesman, guaranteed that this was the first time that the couple travelled to Portugal.

When the authorities searched the house to collect residues, they didn't detect any signs of a break-in. "A stranger could hardly access the house without leaving signs of a break-in, which was not detected during the examination of the site", a judicial officer who is connected to the process has revealed to 24Horas.

The versions of the McCann couple and their friends who dined at the Tapas Bar are not coincidental: "Some say the door was closed and the window to Maddie's bedroom was opne. Others say both were closed", an investigator revealed. The apartment has been sealed by judicial order, since May 4.

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

Questions go at snail speed

The rogatory letter that contains over one hundred questions for the McCanns, their friends and relatives, will have to go through diplomatic channels

Twisting and turning, the rogatory letter that contains over one hundred questions that the Policia Judiciaria wants to be asked to the McCann couple, their relatives and their friends who were in Praia da Luz, Lagos, Algarve, in May, is going to go through a series of bureaucratic acts that could stretch over more than six months.

According to judicial sources, this type of diligence is started with a request from the authorities that are in charge of the investigation, in this case the PJ, to the procurator who is in charge of the process, at the Public Ministery in Portimao. These two steps were made, but now procurator Magalhaes e Menezes is waiting for the arrival of the final results from the tests that were sent to an English lab.

When he makes a decision, the prosecutor has to deliver the letter to the judge, who then sends it to the Republic's General Attorney. The latter sends the document to the Ministery of Justice, which then sends it to the Ministery of Foreign Affairs.

But this is not all. The letter is sent to the English Foreign Office, which then sends it to the British Ministery of Justice, which makes the letter arrive to the Lord Chancellor - the local General Attorney. From there, the document flies into the hands of the Birmingham Court, who will have to nominate a Judge and a Procurator. That procurator will decide which police force will comply with the rogatory letter, interrogating the persons.

"The average time for a rogatory letter to be answered is six months", says Joao Pedroso, a lawyer and a former member of the Superior Council of Magistrates.

Translated by Astro - Mirror Forum

http://www.24horasnewspaper.com/tota...o=2698&link=27
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Postby kizzy » Sat Nov 24, 2007 9:52 pm

Daily Express

23 November 2007

By Nick Fagge in Praia da Luz

MADELEINE: MUM FACES TEN YEARS IN JAIL

http://www.dailyexpress.co.uk/posts/view/26201
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Postby kizzy » Sat Nov 24, 2007 9:53 pm

The Daily Mail

Last updated at 23:05pm on 23rd November 2007

By HELEN WEATHERS

I know Robert Murat would never take Madeleine, says his ex-wife

http://www.dailymail.co.uk/pages/live/a ... ge_id=1770
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Postby kizzy » Sat Nov 24, 2007 9:53 pm

The Daily Star

24th November 2007

KATE TOOK DRUG TEST

http://www.dailystar.co.uk/news/view/22 ... DRUG-TEST/
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Postby kizzy » Sat Nov 24, 2007 9:54 pm

The Mirror

24th November 2007

NO ALIBI

http://www.mirror.co.uk/news/topstories ... -20154212/
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Postby kizzy » Sat Nov 24, 2007 9:54 pm

The Guardian

24th November 2007

Kate McCann 'agreed to drug tests'

http://www.guardian.co.uk/uklatest/stor ... 09,00.html
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Postby kizzy » Sat Nov 24, 2007 9:54 pm

The Sun

24th November 2007

Maddie woman's alibi is 'false'

http://www.thesun.co.uk/sol/homepage/ne ... 502388.ece
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Postby kizzy » Sat Nov 24, 2007 9:55 pm

TV Guia

23-29 Nov. 2007

by Paulo Aido

McCANNS RISK 10 YEARS IN PRISON

If it's proven they were involved in the crime of abandoning their daughter, the McCanns may be sentenced to a prison term of up to 10 years

Nobody would say, immediately after May 3, when the disappearance of Madeleine was known, that those two parents, with crying and hopeless voices, might be sentenced in court for everything that had happened to their daughter.

At the time they generated a feeling of solidarity that spread from the borders of Praia da Luz into the whole world. But the truth is that six months later, the development of the story permits casting over them a less complacent glance.

If what's been made public is confirmed, it's very possible the McCanns will have to face the courts.

SERIOUS CHARGES

At this moment, there is a growing possibility that Kate and Gerry will face charges of serious negligence or, ultimately, homicide. Several suspicions are cast over them, from abandonment of minors to much more serious charges of homicide by negligence and hiding a corpse.

The fact that they were made arguidos on Sept. 7 is a sign they may be charged. The 42 year old lawyer Jos├® Ol├¡mpio, with large court experience, explains this juridical situation: "The fact that the McCanns were made arguidos means, among other things, that there's justified suspicions of a crime having been commited".

However, the attorney cautions that "an inquiry about certain people against whom there's strong suspicions of committing a crime may not necessarily result in a trial".

In order to get there, to the trial, it's necessary that the Minist├®rio P├║blico [public prosecutor] makes charges or that a "despacho de pron├║ncia" [an order that charges are brought] has been issued by an instruction judge.

TRIAL

At this moment, and due the case being under secret of justice, the most we can do is "anticipate" ' as Jos├® Ol├¡mpio explains ' "some of the several possible scenarios".

Thus, it's admissible that the Minist├®rio P├║blico, if it charges Madeleine's parents, may do it for the crime of abandonment, associating it to the crime of homicide by negligence.

In the eventuality of the trial taking place, the McCanns will have to answer to Portuguese Justice, in Portimão, because the competent court is the one in which area the crime took place.

In principle, the possibility of the couple being sentenced in the UK would be precluded.

SCENARIO A

Contrary to the theory more explored by the media up to now, and confirming what the private investigators of the Spanish firm Metodo3 have been stating, the trail of little Maddie is found. The proof that the child is alive CLEARS THE PARENTS of the homicide charges, but may leave open the evaluation of the matter of the crime of abandonment.

SCENARIO B

The child never shows up again, or the girl's body is found. Thus, several CHARGES can be brought against the parents.

CHARGE 1

CRIME OF ABANDON.

Regarding this crime, the Penal Code says that anyone who endangers the life of another person, abandoning her defenceless ' and having that responsibility and that duty ' "is punished with a prison sentence from 1 to 5 years. This sentence may be aggravated in its minimum limit to 2 years", explains Jos├® Ol├¡mpio, "if the fact has been committed by an ascendant or a descendant", that precisely describes the Maddie case. In case the crime of abandonment results in death, "the agent is punished with a prison sentence from 3 to 10 years".

CHARGE 2

HOMICIDE BY NEGLIGENCE.

The crime of homicide is translated in the fact of someone killing another person. Thus, what should one mean by negligence? Portuguese law says that "a person acts with negligence when it doesn't proceed with the care that, according to circumstances, it is obliged or able toÔǪ". That is, it's the case in which someone won't have acted with the care it was demanded of that person. In this case, the law states that anyone kills a person by negligence shall be punished with a prison sentence of up to 3 years or with a monetary fine. In any case, explains Jos├® Ol├¡mpio, "the sentence measure may be aggravated with prison up to 5 years in the case of gross negligence, that is, because the agent acted with a clamorous lack of elementary care".

CHARGE 3

HIDING A CORPSE.

Associated to the crime of homicide, the crime of hiding a corpse has also been mentioned in the Maddie case. In this scenario, the law determines that anyone who "destroys or hides a corpse" shall be punished with a prison sentence of up to 2 years or a penalty fine of up to 240 days.

Translated by Joaohonesto - Mirror Forum
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Postby kizzy » Sat Nov 24, 2007 9:56 pm

24Horas

24th November 2007

Policia Judiciaria investigated the McCann couple's financial situation

She could have been sold


Very detailed. This is how the inspectors, security officers and scientifical technicians from the Policia Judiciaria evaluate the investigations that have been made into the case of the disappearance of Maddie McCann, on May 3, from an apartment in Praia da Luz, Lagos, in the Algarve.

A senior judicial officer who has followed the investigations since the beginning, offers an example: "For several days, the PJ team that has been in charge of the case investigated the possibility that the child could have been sold by her own parents, due to possible finantial difficulties."

The main suspicion was cast over Kate McCann, given her history of depression which pointed, according to evaluation made by technicians from the PJ, to a possible deviant behaviour that is related to bipolarity, an illness that can place persons in a state of great euphoria, or in deep sadness.

But due to the communication difficulties with British medical authorities, where professional secrecy is strictly observed, just like in Portugal, it was not possible to obtain any clinical report about the arguida or about her husband.

"The fact that both are doctors and that they are highly regarded in England, made the investigations into their clinical history even more difficult, so it remains in the gods' secret", one of the case's investigators admitted to 24Horas, stressing that the same happened when the Portuguese authorities tried to obtain the couple's finantial data and the registry of the telephone calls that were made by the McCanns, and their friends and relatives who were in Praia da Luz, last May.

Enigmatic sentence

But this was not the only lead that was investigated by the PJ. According to judicial sources, the sentence that was allegedly said by Kate McCann when she entered the Ocean Club restaurant Tapas Bar indicated that she might know the child's possible abductors.

Kate reportedly cried out: "They've taken her." A statement that the authorities consider to be "enigmatic", and which Kate herself failed to provide a "plausible explanation" for, when she was questioned by the PJ.

The theory of the possible sale of the child by one of the elements of the couple has not been entirely dismissed, because, as a judicial officer stated, "all leads remain open until the case is completely clarified". But it lost strength when it became clear that the couple experienced no finantial difficulties.

All the evidence that has been collected until now points to the child's accidental death and the concealment of the cadaver. "The investigation is proceeding and no lead has been excluded", a source with the investigation concluded.

Translated by Astro - Mirror Forum

http://www.24horasnewspaper.com/total.p ... 99&link=08
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Postby kizzy » Sat Nov 24, 2007 9:57 pm

Correio da Manha

24th November 2007

Tests: fundamental evidence for the Judiciaria
PJ goes to Birmingham


The experts from the Scientific Police Laboratory are going to Birmingham, where the English forensics lab is located, in order to analyse the results from tests that were performed on the residues that were collected within the Maddie case. This investigation diligence was decided recently, and will allow the investigators to analyse the lab's reports and to acquire knowledge about the techniques that are used by the English.

According to what CM was able to establish, the staff from the national [Portuguese] Scientific Police Lab may also bring back the last tests that are still in the hands of the English, and which may help the investigation.

The biological residues were essentially collected inside the car that was used by the McCanns and in the apartment that was used by the family, and the authorities believe that they may become a fundamental piece of evidence to sustain the public accusation.

The authorities also believe that the scientific evidence, which points to the presence of Madeleine in the car that was rented by the McCanns 22 days after the child's disappearance from the Ocean Club, may be fundamental to sustain the thesis that the child died that night and that her parents somehow concealed her cadaver.

To know the circumstances of the child's death, remains the investigation's main unknown issue, a situation that may only be clarified if the little girl's body is found. The PJ continues searching for the British child's cadaver, while trying to reconstruct the last few hours that passed before the alert to her disappearance was raised.

The presence of the investigators in Birmingham will be used to give the analyses more credibility, and to try to anticipate every possible explanation that will be given by the McCanns.

Translated by Astro - Mirror Forum

http://www.correiodamanha.pt/noticia.as ... al=181&p=0
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Postby kizzy » Sat Nov 24, 2007 9:58 pm

Sky News

Updated:14:17, Saturday November 24, 2007

Madeleine: Murat Girlfriend 'Not Suspect'

http://news.sky.com/skynews/article/0,, ... html?f=rss
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Postby kizzy » Sat Nov 24, 2007 9:58 pm

Evening Echo

24th November 2007

Madeleine police 'have not contacted suspect's girlfriend'

http://www.eecho.ie/news/story/?trs=mhmhqlqlsngb
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