LAWYERS FOR THE McCANNS & THE PROSECUTION

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

Re: LAWYERS WORKING ON THE McCANN CASE

Postby beachy » Mon Apr 07, 2008 5:02 am

blossom wrote:Excerpt from Newsdesk The First Post (last Nov.):

'The London-based lawyer, speaking anonymously, claims that the client in question wants to "reveal the whole truth" about the McCanns, but is fearful that it will attract the ire of the many politicians and lobby groups who have attached themselves to the case.

The McCanns' spokesman Clarence Mitchell has called the report "utter rubbish", saying all seven of the friends who ate with the McCanns on May 3, the night Madeleine disappeared, share the same lawyer.'

HawkEyes, isn't this a Conflict of Interest - e.g. if one party wanted to change their statement and by doing so incriminated another? Also is the Fund money also paying the other Tapas members' portion of fees?'


The rules of the Law Society of England and Wales say that the same lawyer cannot represent two clients who have a conflict of interest.

Janine Griffiths-Baker, a faculty member of the University of Bristol School of Law, explains this in her recent book "Serving Two Masters: Conflicts of Interest in the Modern Law Firm."

Under the current Law Society rule, a solicitor may not represent two or more clients "where there is a conflict or a significant risk of conflict between the interests of those clients." The rule itself makes no provision for client consent; moreover, a footnote expressly states that even if both clients consent, the solicitor may not act. This approach is similar to the approach of most European countries, which also prohibit the representation of conflicting interests without regard to what the client wants.
beachy
Hardened Criminal
 
Posts: 1860
Joined: Wed Jan 23, 2008 5:16 pm

Re: LAWYERS WORKING ON THE McCANN CASE

Postby HawkEyes1 » Mon Apr 07, 2008 5:30 am

beachy wrote: The rules of the Law Society of England and Wales say that the same lawyer cannot represent two clients who have a conflict of interest.

Janine Griffiths-Baker, a faculty member of the University of Bristol School of Law, explains this in her recent book "Serving Two Masters: Conflicts of Interest in the Modern Law Firm."

Under the current Law Society rule, a solicitor may not represent two or more clients "where there is a conflict or a significant risk of conflict between the interests of those clients." The rule itself makes no provision for client consent; moreover, a footnote expressly states that even if both clients consent, the solicitor may not act. This approach is similar to the approach of most European countries, which also prohibit the representation of conflicting interests without regard to what the client wants.

Many thanks, beachy, for adding this excellent citation!

Clarence Mitchell apparently still believes that the same lawyers will represent all Tapas 9, but to me it always seemed like a conflict of interest, as I have posted before.
User avatar
HawkEyes1
On Parole
 
Posts: 1323
Joined: Wed Jan 23, 2008 10:45 pm

Re: LAWYERS WORKING ON THE McCANN CASE

Postby HawkEyes1 » Fri Apr 11, 2008 2:52 pm

More good news tonight with the publication of the UK government LCN DNA study, posted on the BBC's website at 23:50 GMT, Thursday, April 10, 2008.

It will be interesting to see how Kingsley Capley will respond to the results of this new study, since they were counting on using the defence files from the Omagh bombing case to dispute the PJ/FSS's LCN DNA evidence from Apartment 5A and the tailgate well of the Renault Scenic in the McCann Case.

DNA technique 'fit for purpose'
A controversial method for obtaining DNA profiles is "fit for purpose" in the criminal justice system, an independent review has concluded. The government-commissioned study said low copy number DNA analysis, which forms a profile from just a few human cells, was "scientifically robust". But study leader Professor Brian Caddy made recommendations for improved sample collection and interpretation.

The review followed increasing doubts over the reliability of the technique. Professor Caddy's study concluded it was fundamentally sound but not being used as effectively as possible.

Omagh trial
Low copy number (LCN) DNA testing was briefly suspended last year after the judge in the Omagh bombing trial questioned its scientific credibility. Mr Justice Weir expressed doubts about the technique after it wrongly linked a sample taken from a car bomb in Northern Ireland to a 14-year-old boy in Nottingham.

The Police Service of Northern Ireland suspended its use after the acquittal of Omagh bomb suspect Sean Hoey.

Police in England and Wales also suspended the technique, but it was reinstated as admissible evidence after a review of relevant cases by the Crown Prosecution Service found no problems. But fears remained that dozens of high-profile convictions secured with the help of the technique, including for murder, rape and terrorist offences, could be unsafe.

Professor Caddy was commissioned by the government's Independent Forensic Science Regulator to head a review.

National standard
The review made 21 recommendations for improved low template testing. These include establishing a national training standard for police forensic teams and scenes of crime officers on collecting samples, and ensuring there is no contamination.

Because of the minute quantities of material involved, the potential for contamination by outside sources is much greater in low template testing.

The review called for a national standard for "DNA clean" crime scene recovery kits, and for a consensus between the three forensic science firms who operate the technique on how to interpret results.

It recommended an advisory panel guide the courts on how to interpret low template DNA evidence and said any profile obtained using those techniques should be presented to a jury in a criminal trial with caveats.

Professor Caddy said: "I am satisfied low template DNA is fit for purpose within the criminal justice system. "I found that the technique, as developed by all the forensic suppliers, is scientifically robust and appropriate for use in police investigations."

Failure rates
He added: "The drive is towards the setting of standards of recovering DNA from crime scenes, and having set those standards, making sure they are properly implemented."

Andrew Rennison, the Forensic Science Regulator, said: "I'm satisfied the science is safe and fit for purpose, but there is work to be done around collection and interpretation." He is in discussion with the Crown Prosecution Service, National Policing Improvement Agency and Home Office, and will make his own recommendations to ministers soon.

Home Office Minister Meg Hillier said: "I am very pleased that they conclude that the science behind the technique is robust."

The study noted failure rates for low template DNA analysis are high - one police force estimated success rate in achieving a full profile at about 6%.

LCN DNA evidence has been used in high-profile cases around the world, including the Peter Falconio murder trial in Australia, that of serial rapist Antoni Imiela in the UK, and the search for Madeleine McCann.

http://news.bbc.co.uk/2/hi/uk_news/7188027.stm


Note: LCN DNA evidence, although not allowed to stand in the Omagh bombing case, has been used by the Forensic Science Service in Birmingham since 1999.
User avatar
HawkEyes1
On Parole
 
Posts: 1323
Joined: Wed Jan 23, 2008 10:45 pm

Re: LAWYERS WORKING ON THE McCANN CASE

Postby HawkEyes1 » Fri Apr 11, 2008 4:49 pm

I have now added a new section to the OP entitled PORTUGUESE LAWYERS/INSTRUCTION JUDGES FOR THE PROSECUTION. It appears just below the section, entitled LAWYERS FOR GERRY & KATE McCANN, on page 1.

viewtopic.php?f=1&t=7054

The three key figures concerned with prosecuting the McCann Case in Portugal are:

Luis Bilro Verão
Portugal's Public Prosecutor, who oversees the investigation of the Madeleine McCann Case along with Jose Cunha de Magalhaes e Meneses.

As lead prosecutor, he said back in September 2007 that the police had failed to produce new evidence against the couple during the 13 days since they were made official suspects in the death of their daughter. In his first official statement, he said that the McCanns remained arguidos, or official suspects, and that the investigation against them continued.

Since that time, there has been sufficient evidence to warrant the sending of the rogatory letters to the UK to request requestioning of the Tapas 9.



Jose Cunha de Magalhaes e Meneses
Meneses is the Public Prosecutor of the Portimão Court, who was assigned the unenviable task of reviewing the ten boxes of evidence (all 400,000 pages) in the Madeleine McCann Case.

Meneses will be reviewing the latest evidence with Paulo Rebelo on his return from this week's interrogations of the Tapas 7. The meeting is expected to be crucial in determining whether the McCanns remain official police suspects.



Pedro Daniel dos Anjos Frias
A criminal instruction judge (Juiz de Instrução Criminal) in Portugal, Frias has been assigned to the Madeleine McCann Case.

It was he who was asked to approve the new interviews and searches requested by the PolÍcia Judiciária, when detectives wanted to reinterview Gerry and Kate McCann after they refused to answer 40 key questions. Although the rogatory letters eventually were approved in March, the PJ made a decision not to reinterview the McCanns during the week of April 6, 2008, when they would be interrogating the Tapas 7 friends along with their Leicestershire counterparts in Enderby. The PJ, however, have since requested that the Gerry and Kate McCann return to Portugal for a reconstruction of the "abduction."


Edited only to add link. Also INSTRUCTION to JUDGES
Last edited by HawkEyes1 on Tue Apr 15, 2008 9:29 pm, edited 2 times in total.
User avatar
HawkEyes1
On Parole
 
Posts: 1323
Joined: Wed Jan 23, 2008 10:45 pm

Re: LAWYERS FOR THE McCANNS & THE PROSECUTION

Postby HawkEyes1 » Sat Apr 12, 2008 1:40 am

As a result of a new section for the Portuguese prosecution team in the OP of this thread, I have changed the title to reflect that addition:

As of April 11, 2008, the title now reads:

LAWYERS FOR THE McCANNS & THE PROSECUTION
User avatar
HawkEyes1
On Parole
 
Posts: 1323
Joined: Wed Jan 23, 2008 10:45 pm

Re: LAWYERS FOR THE McCANNS & THE PROSECUTION

Postby HawkEyes1 » Tue Apr 15, 2008 12:29 am

Another lawyer has been added to the McCann list. He is:

Christopher McCall, QC
A Queen's Counsel in the Maitland Chambers in London and a former junior counsel to the Attorney-General on charity matters, who, along with Bates Wells & Braithwaite, was asked to advise the Board of Directors on Madeleine's Fund on whether it would be legally permissible to pay the costs of Gerry and Kate McCann's legal defence from the fund. They advised in the affirmative, but that the costs would be subject to conditions of repayment in the event of a guilty conviction. With that advice, the Board then decided against paying these costs.

Legal directories rate Christopher McCall in the front rank in the fields of private client work, traditional Chancery, and charity. On charities, Chambers rates him as "one of the sharpest minds in the country"; "... engages his superior technical knowledge of the subject." (2008); "very much ahead of most at the charities Bar." "His "encyclopaedic knowledge of charity law", particularly in tax-related matters, complemented by his "elegant and learned style," earns him a reputation for being a true leader in this field."

http://www.maitlandchambers.com/barrist ... emberID=28
User avatar
HawkEyes1
On Parole
 
Posts: 1323
Joined: Wed Jan 23, 2008 10:45 pm

Re: LAWYERS FOR THE McCANNS & THE PROSECUTION

Postby HawkEyes1 » Tue Apr 15, 2008 9:31 pm

It is known that a Leicestershire law firm flew out to Portugal to meet with the McCanns shortly after Madeleine disappeared. If any posters know the name of the firm, please let me know, and i will add it to the OP.

Many thanks!
User avatar
HawkEyes1
On Parole
 
Posts: 1323
Joined: Wed Jan 23, 2008 10:45 pm

Re: LAWYERS FOR THE McCANNS & THE PROSECUTION

Postby pike1 » Sat Apr 19, 2008 5:22 am

HawkEyes
I read on another thread [and I can`t find it now...so much to read] that one of the men who is leading the McCanns defence is also President of the Portuguese Bar Association....is this actually the case??
Who would have arranged this?
Is his name Rogerio Alves?
Were you asking if there was a connection between him and a lawyer called Marinho Pinto?
"Always tell the truth.That way you don`t have to remember what you said"[Mark Twain]

The 3 Arguidos Cookery Book : great recipes!

viewtopic.php?f=16&t=3620&p=355600#p355600
User avatar
pike1
Hardened Criminal
 
Posts: 1929
Joined: Wed Jan 23, 2008 1:54 pm
Location: south of watford gap

Re: LAWYERS FOR THE McCANNS & THE PROSECUTION

Postby HawkEyes1 » Sat Apr 19, 2008 9:34 pm

pike1 wrote:HawkEyes
I read on another thread [and I can`t find it now...so much to read] that one of the men who is leading the McCanns defence is also President of the Portuguese Bar Association....is this actually the case??
Who would have arranged this?
Is his name Rogerio Alves?
Were you asking if there was a connection between him and a lawyer called Marinho Pinto?

Hi, pike 1, you mean to tell me that you didn't check the GLOSSARY and the OP of this thread for the answer, especially the former thread, after you have contributed so much to it? Tut, tut!

In fact, I have recently updated the information there. Rogerio Alves WAS President of the Portuguese Bar Association, when he became the fourth lawyer for the defence of the McCanns back in September of 2007. He may have been approached by Pinto de Abreu, who was already volunteering his services free-of-charge to the McCanns and beginning the lawsuit against the now defunct Tal and Qual.

Alves is now the Immediate Past-President, while Marinho Pinto is the current President of the Portuguese Bar Association, but I was wondering what other connections there were between the two men, and Luz has now provided that information on the ROGATORY LETTERS... thread.
User avatar
HawkEyes1
On Parole
 
Posts: 1323
Joined: Wed Jan 23, 2008 10:45 pm

Re: LAWYERS FOR THE McCANNS & THE PROSECUTION

Postby bugalugs1970 » Tue May 20, 2008 9:11 pm

Beachy suggested this info be added to a sticky and this seemed the most appropriate one. The prosecution will be using forensic evidence, this link below is basic in information but imformative to the layman as to what type of forensics could be called upon during trial.


http://www.exploreforensics.co.uk/Types ... egory.html

Below are our 7 articles in the 'types of forensics' category:

Computer Forensics ExplainedIn today's ever changing criminal world the use of computers for fraud and the pursuit of other crimes has increased to dramatic proportions. So much so that specialist departments have been formed ...
Forensic AccountingForensic Accounting is a field of forensic science that - although it may not sound particularly interesting - has its place and is very useful when it comes to investigating fraud cases. It is ...
Forensic DentistryForensic Dentistry is the area of forensic medicine concerned with the examination of teeth, especially in the cases of victims who cannot be identified by conventional means or when an attacker ...
Forensic GraphologyForensic Graphology is the study of handwriting especially that found in ransom notes, poison pen letters or blackmail demands. Forensic Graphology and Crime Solving Although this is a ...
Forensic MedicineWhere forensic science is the study of those things that may contribute - or be attributed - to the death of a victim, forensic medicine is the natural progression and is the study of how the body ...
Forensic PsychologyForensic psychology is the forensic study of the mind and the ways in which the mind works, especially in the instances of violent crime. Determining The Reasons During the course of an ...
Forensic ScienceTo put forensic science in simply layman's terms: it is the application of scientific procedures in conjunction with the law. Forensic science is the umbrella term for a collection of scientific ...


worth a look.
I'm on the payroll........WHAT...you didn't know!!!!!!
http://petitions.pm.gov.uk/Savekids/
http://www.truthformadeleine.com
User avatar
bugalugs1970
Mafia Boss
 
Posts: 2270
Joined: Wed Jan 23, 2008 9:24 pm
Location: Squirrel stalking in Breacon Beacons

Re: LAWYERS FOR THE McCANNS & THE PROSECUTION

Postby HawkEyes1 » Tue May 20, 2008 10:30 pm

bugalugs1970 wrote:Beachy suggested this info be added to a sticky and this seemed the most appropriate one. The prosecution will be using forensic evidence, this link below is basic in information but imformative to the layman as to what type of forensics could be called upon during trial.


http://www.exploreforensics.co.uk/Types ... egory.html

...

Many thanks, bugalugs!

This information will be extremely useful during trial. I plan to ask the administrators to move this thread back to the main forum, closer to the time.
User avatar
HawkEyes1
On Parole
 
Posts: 1323
Joined: Wed Jan 23, 2008 10:45 pm

Re: LAWYERS FOR THE McCANNS & THE PROSECUTION

Postby HawkEyes1 » Wed May 28, 2008 9:15 am

Today, I have added to the master list on page 1 another lawyer used by Gerry and Kate McCann, this time not for their defence but to draft the alert system for the European Commission. He is Geoffrey Robertson, founder and head of Doughty Street Chambers, the UK's leading human rights practice, which comprises some 80 barristers and 30 staff. He is a Bencher of the Middle Temple; and a Recorder (part-time judge) in London; an executive Member of Justice, and a trustee of the Capital Cases Trust. He is visiting Professor in Human Rights at Queen Mary College, University of London.

Mr Robertson was present with the McCanns at the European Parliament, when they made their presentation on April 15, 2008.

http://www.telegraph.co.uk/news/uknews/1584458/Madeleine-McCann's-parents-to-address-MEPs.html

http://www.geoffreyrobertson.com/
User avatar
HawkEyes1
On Parole
 
Posts: 1323
Joined: Wed Jan 23, 2008 10:45 pm

Previous

Return to Maddy - Reference Forum and Investigations

Who is online

Users browsing this forum: No registered users and 3 guests
cron