Author Topic: Do witness statements have any relevance at a trial?  (Read 32805 times)

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Offline Robittybob1

Re: Do witness statements have any relevance at a trial?
« Reply #255 on: June 12, 2019, 11:21:19 PM »
Thanks, Rob. I'll try to have a look tomorrow.
Thank you.  Annie Wiltshire, Jayne's sister is now deceased so we can't get both reports any longer, but they did report their experiences in several press releases years ago.
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Offline G-Unit

Re: Do witness statements have any relevance at a trial?
« Reply #256 on: June 13, 2019, 12:02:07 PM »
Thank you.  Annie Wiltshire, Jayne's sister is now deceased so we can't get both reports any longer, but they did report their experiences in several press releases years ago.

Jayne Jensen's account is cut into three segments. In the first one she refers to 'us'; she and her sister. Then she changes to 'I' because she's left her sister in the bar and has gone back up alone and arrives at where the commotion was. CUT

At 15:39 she has changed to 'we'. 'We' bumped into Jez who told us it was Gerry's little girl. CUT

At 15:53 she's back to 'I' again. It is 'I' who hears Kate howling, not 'we'.

Although the three segments follow sequentially the change of pronouns suggests that she was speaking of different occasions. She gives the impression in the newspapers that it was the fiollowing day when they saw Wilkins because she's talking about the following day when she mentions him.
https://www.dailymail.co.uk/news/article-504950/British-witnesses-We-saw-blond-men-balcony-Madeleine-apartment.html
 .
« Last Edit: June 13, 2019, 12:10:03 PM by G-Unit »
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Offline Robittybob1

Re: Do witness statements have any relevance at a trial?
« Reply #257 on: June 13, 2019, 12:15:13 PM »
Jayne Jensen's account is cut into three segments. In the first one she refers to 'us'; she and her sister. Then she changes to 'I' because she's left her sister in the bar and has gone back up alone and arrives at where the commotion was. CUT

At 15:39 she has changed to 'we'. 'We' bumped into Jez who told us it was Gerry's little girl. CUT

At 15:53 she's back to 'I' again. It is 'I' who hears Kate howling, not 'we'.

Although the three segments follow sequentially the change of pronouns suggests that she was speaking of different occasions. She gives the impression in the newspapers that it was the fiollowing day when they saw Wilkins because she's talking about the following day when she mentions him.
https://www.dailymail.co.uk/news/article-504950/British-witnesses-We-saw-blond-men-balcony-Madeleine-apartment.html
 .
I think it needs to be clarified as to when they met up with Jez.
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Offline jassi

Re: Do witness statements have any relevance at a trial?
« Reply #258 on: June 13, 2019, 12:26:13 PM »
I think it needs to be clarified as to when they met up with Jez.

The way it is written in the Mail, it was the following morning that they met Jez.

Have you evidence to contradict that?

I suppose the definitive statement is that made to the police. Is that available ?
« Last Edit: June 13, 2019, 12:31:08 PM by jassi »
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Offline Robittybob1

Re: Do witness statements have any relevance at a trial?
« Reply #259 on: June 13, 2019, 12:37:29 PM »
The way it is written in the Mail, it was the following morning that they met Jez.

Have you evidence to contradict that?

I suppose the definitive statement is that made to the police. Is that available ?
How do you make it read that it was the next day?

This sentence has "next day"in it: "The next day, said Mrs Jensen, Mr Murat introduced himself to her and her sister."
but I think that just applies to when they met Robert Murat.
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Offline jassi

Re: Do witness statements have any relevance at a trial?
« Reply #260 on: June 13, 2019, 12:42:04 PM »
How do you make it read that it was the next day?

This sentence has "next day"in it: "The next day, said Mrs Jensen, Mr Murat introduced himself to her and her sister."
but I think that just applies to when they met Robert Murat.


I don't agree with you. The way it is written is quite clear - IMO

" The next day, said Mrs Jensen, Mr Murat introduced himself to her and her sister.

"It was hideous when we realised that the little girl had not been found. It really began to hit home that something horrible had happened.

"I thought maybe she had fallen down a manhole, or hit her head. I didn't think she had been taken at that point and we helped search bins and scrubland."

As they and the other holidaymakers combed the area, Mrs Jensen met another member of her tennis coaching group, TV producer Jez Wilkins.

"Jez told me it was Gerry's daughter we were looking for. I hadn't realised before that moment.


Have you anything that suggests this meeting was the previous evening ?
« Last Edit: June 13, 2019, 12:51:36 PM by jassi »
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline G-Unit

Re: Do witness statements have any relevance at a trial?
« Reply #261 on: June 13, 2019, 12:43:38 PM »
There are some statements in the files which are most peculiar in my opinion. Paul Gordon for exanple, who stayed in 5A the week before the McCanns did. He made a statement on 6th May; a very quick response.

His statement isn't typical of UK police statements, however. It's typed on plain paper,  is unsigned and doesn't name the interviewer.

Consequently it's not worth the paper it's written on in my opinion.
https://www.mccannpjfiles.co.uk/PJ/PAUL_GORDON.htm
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Offline Venturi Swirl

Re: Do witness statements have any relevance at a trial?
« Reply #262 on: June 13, 2019, 12:53:37 PM »
There are some statements in the files which are most peculiar in my opinion. Paul Gordon for exanple, who stayed in 5A the week before the McCanns did. He made a statement on 6th May; a very quick response.

His statement isn't typical of UK police statements, however. It's typed on plain paper,  is unsigned and doesn't name the interviewer.

Consequently it's not worth the paper it's written on in my opinion.
https://www.mccannpjfiles.co.uk/PJ/PAUL_GORDON.htm
His signature appears right at the bottom under the photofit.  You seem to be suggesting that there is something dodgy going on....?
"Surely the fact that their accounts were different reinforces their veracity rather than diminishes it? If they had colluded in protecting ........ surely all of their accounts would be the same?" - Faithlilly

Offline G-Unit

Re: Do witness statements have any relevance at a trial?
« Reply #263 on: June 13, 2019, 01:07:42 PM »
His signature appears right at the bottom under the photofit.  You seem to be suggesting that there is something dodgy going on....?

It does, but the photofit was done by Operation Task and is signed by the operator and the witness. It isn't connected with his May 2007 statement though; it was done seven months later in January 2008.
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Offline Venturi Swirl

Re: Do witness statements have any relevance at a trial?
« Reply #264 on: June 13, 2019, 01:12:49 PM »
It does, but the photofit was done by Operation Task and is signed by the operator and the witness. It isn't connected with his May 2007 statement though; it was done seven months later in January 2008.
OK.  Do you think it's possible that these statements were faked?
"Surely the fact that their accounts were different reinforces their veracity rather than diminishes it? If they had colluded in protecting ........ surely all of their accounts would be the same?" - Faithlilly

Offline G-Unit

Re: Do witness statements have any relevance at a trial?
« Reply #265 on: June 13, 2019, 02:21:07 PM »
OK.  Do you think it's possible that these statements were faked?

The statement dated 6th May doesn't look like it was produced by a UK police force. It looks more like an unsigned letter.
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Offline Venturi Swirl

Re: Do witness statements have any relevance at a trial?
« Reply #266 on: June 13, 2019, 05:25:30 PM »
The statement dated 6th May doesn't look like it was produced by a UK police force. It looks more like an unsigned letter.
And what do you deduce from this observation that you have drawn to our attention?  Nothing at all, I bet!
"Surely the fact that their accounts were different reinforces their veracity rather than diminishes it? If they had colluded in protecting ........ surely all of their accounts would be the same?" - Faithlilly

Offline G-Unit

Re: Do witness statements have any relevance at a trial?
« Reply #267 on: June 13, 2019, 05:59:38 PM »
And what do you deduce from this observation that you have drawn to our attention?  Nothing at all, I bet!

It isn't a police statement because it isn't signed and it doesn't include this;

 a declaration by the maker that it is true to the best of his/her knowledge and belief and that it was made knowing that, if it were tendered in evidence, the maker would be liable to prosecution if s/he wilfully stated in it anything which he knew to be false or did not believe to be true (known as a `perjury declaration');
http://www.hse.gov.uk/enforce/enforcementguide/investigation/witness-witness.htm

In the UK it would be inadmissible as evidence therefore. I expect the same applies in Portugal.

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Offline Venturi Swirl

Re: Do witness statements have any relevance at a trial?
« Reply #268 on: June 13, 2019, 06:02:42 PM »
It isn't a police statement because it isn't signed and it doesn't include this;

 a declaration by the maker that it is true to the best of his/her knowledge and belief and that it was made knowing that, if it were tendered in evidence, the maker would be liable to prosecution if s/he wilfully stated in it anything which he knew to be false or did not believe to be true (known as a `perjury declaration');
http://www.hse.gov.uk/enforce/enforcementguide/investigation/witness-witness.htm

In the UK it would be inadmissible as evidence therefore. I expect the same applies in Portugal.
What was it doing in the official police files then?
"Surely the fact that their accounts were different reinforces their veracity rather than diminishes it? If they had colluded in protecting ........ surely all of their accounts would be the same?" - Faithlilly

Offline G-Unit

Re: Do witness statements have any relevance at a trial?
« Reply #269 on: June 13, 2019, 06:35:47 PM »
What was it doing in the official police files then?

It was sent to Portugal with his two rogatory interviews in May 2008.
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