Was Kate McCann right to decline to answer the 48 questions?

[Robittybob1]

Once she had been constituted arguida that could not happen.
Had the police wished to have her incriminate herself they would have let her remain a witness.

"Sometimes when the police suspect someone, they call that person in as a witness.

"They don't constitute him as arguido and they extract as much information from him as they can, because as a witness he cannot refuse to collaborate with the police.

"Now the moment he is constituted as arguido, as the defendant, then he can not only refuse to answer questions because they can incriminate him, but also he has the right to be accompanied in the questionings by his own solicitor."

You have quotes here but not specifying the source.  Where do the quotes come from?  The method seems rather questionably dubious.

[Carana]

If I had reason to suspect that the purpose was to stitch me up, which Kate seemingly did, I'm fairly sure I'd take the lawyer's advice as well.

As someone once said, "you have the right to remain silent, but anything you do say will be scrunched up and rammed down your throat".

A lecture by a law professor (a former defense attorney) and... a cop:

Don't talk to cops.

 [youtube]https://www.youtube.com/watch?v=d-7o9xYp7eE[/youtube]

[faithlilly]

If I had reason to suspect that the purpose was to stitch me up, which Kate seemingly did, I'm fairly sure I'd take the lawyer's advice as well.

As someone once said, "you have the right to remain silent, but anything you do say will be scrunched up and rammed down your throat".

A lecture by a law professor (a former defense attorney) and... a cop:

Don't talk to cops.

 [youtube]https://www.youtube.com/watch?v=d-7o9xYp7eE[/youtube]

If by answering all the questions truthfully it may take the focus off her and redirect the investigation's focus on to who actually did take Madeleine don't you think for Kate that was worth a punt ?

[Alice Purjorick]

You have quotes here but not specifying the source.  Where do the quotes come from?  The method seems rather questionably dubious.

Some windbag of a know from nothing Portuguese advogado who knows less than the average punter on here.
I'll dig it out later.
Or you could do some of your own research on the topic.

[Carana]

If by answering all the questions truthfully it may take the focus off her and redirect the investigation's focus on to who actually did take Madeleine don't you think for Kate that was worth a punt ?

She'd answered all the questions up until arguida time.

If what she describes in her book is accurate about the lawyer disappearing for a while and then hinting that it might be in her interest to consider confessing (and if that isn't accurate, I've no doubt that we'd have heard all about it), then I'm fairly sure I'd have been suspicious as well. I don't have the book to hand, so I can't cite the passage.

Some of the questions seem fairly commonplace, e.g. what did she see upon entering the flat, but I find a number of others difficult to answer in a way that couldn't be "misunderstood".

--- Asked about her professional life, and in how many hospitals and in which she had worked, she did not respond. Being a doctor, and asked about her speciality, she did not respond. Asked about if she worked in shifts, in emergencies [the emergency section of a hospital] or other services she did not respond. If she worked every day, she did not respond. Asked if at a particular time she stopped working and why, she did not respond.

She'd trained as an anaesthetist, prior to retraining as a GP.

--- Asked whether or not it is true that the twins have difficulty sleeping, that they are restless and that that causes her uneasiness, she did not respond.

--- Asked whether or not it is true that at certain times she felt desperate [driven to despair; angered; exasperated] by the attitude of the children and that that left her much disquiet [unease], she did not respond.

According to extracts from her diary (assuming that were accurately described), the twins did have trouble settling down on occasion, and there was a toddler tantrum incident in the car one day.

I'm aware that she wouldn't have known the questions in advance, but I have no problem imagining how answers to those (and numerous others) could feed into a prosecution case.

In her view, they'd stopped looking for her anyway.  If she'd got banged up on remand (and Gerry would probably have been as well, IMO), how on earth could they carry on searching for their missing child?

[Carana]

Some windbag of a know from nothing Portuguese advogado who knows less than the average punter on here.
I'll dig it out later.
Or you could do some of your own research on the topic.

Lol
I dug out the relevant articles on this years ago, and, from memory, the windbag was correct. The laws have since changed slightly, but that's neither here nor there.

[jassi]

She'd answered all the questions up until arguida time.

If what she describes in her book is accurate about the lawyer disappearing for a while and then hinting that it might be in her interest to consider confessing (and if that isn't accurate, I've no doubt that we'd have heard all about it), then I'm fairly sure I'd have been suspicious as well. I don't have the book to hand, so I can't cite the passage.

Some of the questions seem fairly commonplace, e.g. what did she see upon entering the flat, but I find a number of others difficult to answer in a way that couldn't be "misunderstood".

--- Asked about her professional life, and in how many hospitals and in which she had worked, she did not respond. Being a doctor, and asked about her speciality, she did not respond. Asked about if she worked in shifts, in emergencies [the emergency section of a hospital] or other services she did not respond. If she worked every day, she did not respond. Asked if at a particular time she stopped working and why, she did not respond.

She'd trained as an anaesthetist.

--- Asked whether or not it is true that the twins have difficulty sleeping, that they are restless and that that causes her uneasiness, she did not respond.

--- Asked whether or not it is true that at certain times she felt desperate [driven to despair; angered; exasperated] by the attitude of the children and that that left her much disquiet [unease], she did not respond.

According to extracts from her diary (assuming that were accurately described), the twins did have trouble settling down on occasion, and there was a toddler tantrum incident in the car one day.

I'm aware that she wouldn't have known the questions in advance, but I have no problem imagining how answers to those (and numerous others) could feed into a prosecution case.

In her view, they'd stopped looking for her anyway.  If she'd got banged up on remand (and Gerry would probably have been as well, IMO), how on earth could they carry on searching for their missing child?

Would we?
Only the lawyer involved would know if it were true. Would he say anything years later when the book was published, or would he just ignore it and get on with his life ?

[Benice]

Would we?
Only the lawyer involved would know if it were true. Would he say anything years later when the book was published, or would he just ignore it and get on with his life ?

Kate's book would have been scrutinised to the Nth degree to ensure that there was nothing in it that could be proved to be untrue or be regarded as libellous - before it went to publication.  IMO

The fact that no-one has attempted to sue her or even publicly complained that something written about them personally in the book is completely untrue - would indicate that the book contains nothing to give anyone mentioned within it a reason to challenge its veracity. IMO

[Angelo222]

Kate's book would have been scrutinised to the Nth degree to ensure that there was nothing in it that could be proved to be untrue or be regarded as libellous - before it went to publication.  IMO

The fact that no-one has attempted to sue her or even publicly complained that something written about them personally in the book is completely untrue - would indicate that the book contains nothing to give anyone mentioned within it a reason to challenge its veracity. IMO

It might not be libellous but it reminds me of a precocious child throwing a tantrum.

[Carana]

Would we?
Only the lawyer involved would know if it were true. Would he say anything years later when the book was published, or would he just ignore it and get on with his life ?

I was referring to what apparently transpired at the police station - and I haven't seen any denial by the PJ.

The lawyer did speak out to correct the "misunderstanding" over the alleged "plea deal". He was apparently explaining the type of sentence she could expect in various scenarios.

Technically, the PJ didn't actually put a plea deal to her... but if her account is accurate, a back-door route via the lawyer would amount to much the same thing, IMO.

[Angelo222]

I was referring to what apparently transpired at the police station - and I haven't seen any denial by the PJ.

The lawyer did speak out to correct the "misunderstanding" over the alleged "plea deal". He was apparently explaining the type of sentence she could expect in various scenarios.

I agree.  Police have numerous tools at their discretion which they use to extract a confession. 

[kizzy]

I think from the outset, like now.

Reputation etc etc has always been at the forefront for the mccanns.

If only as much care had been put into looking after maddie, instead of themselves

Its always been about them, even now.

He answered questions, she didn't. always a plan to safeguard themselves.

all the above post IMO

[Alice Purjorick]

You have quotes here but not specifying the source.  Where do the quotes come from? The method seems rather questionably dubious.

Sr Artur Rego.
Plug "Rights of an Arguido" into your search engine then dick about until you find the BBC News Channel 8th Sept 2007. You will then find: "Artur Rego, a Portuguese lawyer, told BBC News:"


If you think Sr Rego is talking blx tell him and the BBC. I am sure both will value your input.

[Brietta]

Sr Artur Rego.
Plug "Rights of an Arguido" into your search engine then dick about until you find the BBC News Channel 8th Sept 2007. You will then find: "Artur Rego, a Portuguese lawyer, told BBC News:"


If you think Sr Rego is talking blx tell him and the BBC. I am sure both will value your input.

What action can the courts take against an arguido?


The police can use their powers to bring the suspect before a judge to ask for restrictions to be imposed on their movements.

If they do, they could be banned from leaving their house or the area, or held in custody while the case continues.

In this case, the suspect is not subject to a judge's order, but has signed an identity and residence statement.

It prevents the person moving house or leaving the country. If they stay anywhere other than their given place of residence for more than five days they have to notify police.
http://news.bbc.co.uk/1/hi/uk/6657977.stm

The police allowed Kate and Gerry McCann to leave Portugal as scheduled ... so apart from being questioned, they didn't appear to be too concerned about imposing any restrictions on them as might have been expected.

[slartibartfast]

What action can the courts take against an arguido?


The police can use their powers to bring the suspect before a judge to ask for restrictions to be imposed on their movements.

If they do, they could be banned from leaving their house or the area, or held in custody while the case continues.

In this case, the suspect is not subject to a judge's order, but has signed an identity and residence statement.

It prevents the person moving house or leaving the country. If they stay anywhere other than their given place of residence for more than five days they have to notify police.
http://news.bbc.co.uk/1/hi/uk/6657977.stm

The police allowed Kate and Gerry McCann to leave Portugal as scheduled ... so apart from being questioned, they didn't appear to be too concerned about imposing any restrictions on them as might have been expected.

Maybe the Portuguese knew who they were and where they lived.