McCanns appeal to the European Court of Human Rights

[Alice Purjorick]

The fact amaral had a connection ti the case makes no difference IMO... That will be up to the court....I don't expect sceptics to agree with me but to suggest the McCanns have no case is ridiculous.  The cases I have shown indicate that there should be evidence to support the claim and the view expressed should be balanced.  There is no evidence Maddie died in the apartment... The Portuguese court totally ignored the lack of evidence.  The book and the SC judgement have labelled the McCanns criminals... I feel they have a very strong case.... I don't expect sceptics to accept that

Oh what?
 

[Mr Gray]

You want them to review the evidence which is fourth instance

No I don't want them to review anything... They will want to know if amarals claims have any veracity... To understand that they will need to look at the evidence that supports them

[Alice Purjorick]

I'm not wrong at all... Explain why you THINK... I'm wrong..

It's a basic 8 vs 10....nothing to do with 4th instance.... Plus perhaps the presumption  of innocence

Which is protected in Portuguese law by arguido status.

[Mr Gray]

Which changes with the wind.
It's moved along way over 152 pages.

Cite from where my opinion has, changed... At least I'm offering an opinion unlike you who has been reduced to sniping little, remarks... You seem to have nothing if value to say on the subject

[Mr Gray]

Which is protected in Portuguese law by arguido status.

But not afforded to the McCanns.. Have you read the application to annul the SC judgement

[Mr Gray]

There was, a good point made yesterday by Slarti... I believe

That the interim report considered the McCanns guilty of hiding a, cadaver.... Since when have the police had the power to decide innocence or guilt

[Montclair]

There was, a good point made yesterday by Slarti... I believe

That the interim report considered the McCanns guilty of hiding a, cadaver.... Since when have the police had the power to decide innocence or guilt

LOL! How do you expect the police to investigate a crime if they can't come to the conclusion that the suspect committed it? Their report is then handed over to the prosecutors who then decide whether to take it to trial!

[Snowgirl]

There was, a good point made yesterday by Slarti... I believe

That the interim report considered the McCanns guilty of hiding a, cadaver.... Since when have the police had the power to decide innocence or guilt

The police come to conclusions only l Concealment of a cadaver is a conclusion reached but if eventually proven would be a crime.

[G-Unit]

There was, a good point made yesterday by Slarti... I believe

That the interim report considered the McCanns guilty of hiding a, cadaver.... Since when have the police had the power to decide innocence or guilt

According to the McCann's lawyers an archiving under 277/1 equals a legally binding declaration of innocence. Not only that, it's res judicata (a case in which there has been a final judgment and is no longer subject to appeal). So the police and the prosecutors declared them innocent according to their lawyers.

Article 277 - Archiving of the investigation

1 - The Public Ministry shall, by dispatch, close the investigation, as soon as it has gathered sufficient evidence that the crime was not confirmed, that the arguido did not practice it in any way or that the procedure is legally inadmissible.....

As far as the appellants are aware of, the archiving at stake was carried out, in the course of the investigation, because sufficient proof had been gathered that the then arguidos did not commit any facts of a criminal relevance...

That is to say, therefore, that the filing order uttered according to article 277-1 of the CPP, after the deadline of article 278 (10) of the same legal compendium, is res judicata and is only subject to review according to the terms of articles 279 and 449-2 of the CPP.
http://www.gerrymccannsblogs.co.uk/Annulment_request.htm

 

[Mr Gray]

.
The police come to conclusions only l Concealment of a cadaver is a conclusion reached but if eventually proven would be a crime.

Amaral said he could prove Maddie, died in the apartment..

[Mr Gray]

According to the McCann's lawyers an archiving under 277/1 equals a legally binding declaration of innocence. Not only that, it's res judicata (a case in which there has been a final judgment and is no longer subject to appeal). So the police and the prosecutors declared them innocent according to their lawyers.

Article 277 - Archiving of the investigation

1 - The Public Ministry shall, by dispatch, close the investigation, as soon as it has gathered sufficient evidence that the crime was not confirmed, that the arguido did not practice it in any way or that the procedure is legally inadmissible.....

As far as the appellants are aware of, the archiving at stake was carried out, in the course of the investigation, because sufficient proof had been gathered that the then arguidos did not commit any facts of a criminal relevance...

That is to say, therefore, that the filing order uttered according to article 277-1 of the CPP, after the deadline of article 278 (10) of the same legal compendium, is res judicata and is only subject to review according to the terms of articles 279 and 449-2 of the CPP.
http://www.gerrymccannsblogs.co.uk/Annulment_request.htm

Quote for... Legally binding declaration of innocence...

Your posts, seem to get more absurd by the day

[G-Unit]

Quote for... Legally binding declaration of innocence...

Your posts, seem to get more absurd by the day

They have claimed that the McCanns were cleared by the archiving dispatch.
They have claimed that the archiving dispatch is res judicata.

Add them together and you get something equivalent to an acquittal. The absurdity isn't mine, it lies in the desperate arguments made by these lawyers.

[Snowgirl]

Amaral said he could prove Maddie, died in the apartment..

Amaral et al might well have proved it ...eventually .....but he didn’t say the McCanns had killed Madeleine ?

[Mr Gray]

They have claimed that the McCanns were cleared by the archiving dispatch.
They have claimed that the archiving dispatch is res judicata.

Add them together and you get something equivalent to an acquittal. The absurdity isn't mine, it lies in the desperate arguments made by these lawyers.

So it's a phrase, you have made up... Afaiac they see the, archiving despatch as, evidence of innocence... Which it is.  .imo

[Mr Gray]

Amaral et al might well have proved it ...eventually .....but he didn’t say the McCanns had killed Madeleine ?

But he claimed he could prove it... Which he couldnt