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

[jassi]

Yes we know it for sure as far as some of the questions are concerned.

Only some?

[Brietta]

Only some?

Proof positive for 'only some' ... what may have been asked of her at the marathon questioning session immediately prior to her arguido questioning might have been incompetently handled leading to them forgetting to ask all the important stuff they later put to her.

So how about actually indulging in expressing an opinion and leave the niggling one liners to others who are incapable of doing that ... when you do, you actually come up with posts which are worth something and contribute to the forum.  imo of course

[jassi]

Proof positive for 'only some' ... what may have been asked of her at the marathon questioning session immediately prior to her arguido questioning might have been incompetently handled leading to them forgetting to ask all the important stuff they later put to her.

So how about actually indulging in expressing an opinion and leave the niggling one liners to others who are incapable of doing that ... when you do, you actually come up with posts which are worth something and contribute to the forum.  imo of course

Am I not entitled to ask questions ?

[pathfinder73]

Proof positive for 'only some' ... what may have been asked of her at the marathon questioning session immediately prior to her arguido questioning might have been incompetently handled leading to them forgetting to ask all the important stuff they later put to her.

So how about actually indulging in expressing an opinion and leave the niggling one liners to others who are incapable of doing that ... when you do, you actually come up with posts which are worth something and contribute to the forum.  imo of course

The day before they never asked her any questions about the disappearance. These questions were asked the next day as an arguido but she refused to answer them. Here's the one she answered - pathetic!

Q.  Are you aware that in not answering the questions you are jeopardising the investigation, which seeks to discover what happened to your daughter?

KM.  'Yes, if that’s what the investigation thinks.'

[ShiningInLuz]

Kate had already answered the questions asked on previous occasions but in my opinion, in accordance with the Portuguese Penal Code the answers could not be used against her because she had not been in effect "read her rights" ~ she had to be an arguida for that. 

In my opinion you are entirely wrong about 'hindsight'.

In her book, detailed experiencing this in real time and in real life and made her intelligent analysis of the situation as it affected her and Madeleine's separate cases at the time which in my opinion gave her the resolve not to indulge in providing hostages to fortune against them both.

In my opinion it was the correct thing to do under the circumstances at the time.

That's not how it went, according to the PJ Files.

That's not how it went, according to Kate's book 'madeleine', p246 onwards in hardback.

Arguida first, then the 48 questions.

[Mr Gray]

If these questions were so important why did the pj wait 4 months to ask them

[Brietta]

The day before they never asked her any questions about the disappearance. These questions were asked the next day as an arguido but she refused to answer them. Here's the one she answered - pathetic!

Q.  Are you aware that in not answering the questions you are jeopardising the investigation, which seeks to discover what happened to your daughter?

KM.  'Yes, if that’s what the investigation thinks.'

You are wrong.  Kate was asked about Madeleine's disappearance ... unless you suggest the misunderstood forensic results bore no relevance in the eyes of the PJ to what happened to Madeleine.


46   When the presence of human blood was signalled in the boot of the same vehicle Kate McCann said she could not explain anything more than she already had.

47   Confronted with the result of the sample of Madeleine's DNA, whose analysis was carried out by a British laboratory, found behind the sofa and in the boot of the vehicle, as previously described, Kate McCann said she could not explain anything more than she already had.

48   Did you have any responsibility or involvement in the disappearance of your daughter Madeleine?

49   Are you aware that the fact of your not answering the questions put to you jeopardise the investigation that was aimed at finding out what happened to your daughter, she answered: "Yes, if the investigation thinks that." http://news.bbc.co.uk/1/hi/uk/7542939.stm

I think the question which is the clincher as far as the direction in which the PJ had been taking the investigation until stopped in their tracks by Kate's adherence to her legal advice is:
48   Did you have any responsibility or involvement in the disappearance of your daughter Madeleine?

The PJ were not looking for Madeleine ... their objective was nailing the arguida, Kate ... and there are those who purport to think she should have given up on Madeleine and acquiesced to that?

[Brietta]

That's not how it went, according to the PJ Files.

That's not how it went, according to Kate's book 'madeleine', p246 onwards in hardback.

Arguida first, then the 48 questions.

Thursday 6th September 2007
Portuguese police start interviewing Kate McCann, as a witness, in the presence of her lawyer.
 
Gerry states in his blog: 'The suggestion that Kate is involved in Madeleine's disappearance is ludicrous. Anyone who knows anything about the 3rd May knows that Kate is completely innocent. We will fight this all the way and will not stop looking for Madeleine'.

Friday 07 September 2007
Kate McCann leaves the police station in the early hours of the morning after 11 hours of questioning. She is instructed to return for further questioning hours later.
 
Kate arrives for second session of questioning
 
Justine McGuiness gives an interview whilst Kate is being interviewed for the second time
 
John Corner, a close friend of the McCanns, describes how he is stunned by the way the enquiry is going. Interviewed whilst Kate was being interviewed for second time.
 
Watch BBC interview here
 
After shorter second interview, Kate is declared an official suspect, 'arguida', in the disappearance of her daughter.
http://www.gerrymccannsblogs.co.uk/Nigel/id29.htm

[Carana]

Thursday 6th September 2007
Portuguese police start interviewing Kate McCann, as a witness, in the presence of her lawyer.
 
Gerry states in his blog: 'The suggestion that Kate is involved in Madeleine's disappearance is ludicrous. Anyone who knows anything about the 3rd May knows that Kate is completely innocent. We will fight this all the way and will not stop looking for Madeleine'.

Friday 07 September 2007
Kate McCann leaves the police station in the early hours of the morning after 11 hours of questioning. She is instructed to return for further questioning hours later.
 
Kate arrives for second session of questioning
 
Justine McGuiness gives an interview whilst Kate is being interviewed for the second time
 
John Corner, a close friend of the McCanns, describes how he is stunned by the way the enquiry is going. Interviewed whilst Kate was being interviewed for second time.
 
Watch BBC interview here
 
After shorter second interview, Kate is declared an official suspect, 'arguida', in the disappearance of her daughter.
http://www.gerrymccannsblogs.co.uk/Nigel/id29.htm

Looking at the files,

On 6 Sept, her witness interview began at 3pm and ended at 11 pm and she was to go back the next day.

http://www.mccannpjfiles.co.uk/PJ/Processopdf10page41Kateinterrogatio.jpg
http://www.mccannpjfiles.co.uk/PJ/Processopdf10page50Kateinterrogatio.jpg

On 7 May, the arguida interview started at 11 am and ended at 2:30 pm.
http://www.mccannpjfiles.co.uk/P10/10VOLUME_Xa_Page_2557.jpg
http://www.mccannpjfiles.co.uk/P10/10VOLUME_Xa_Page_2560.jpg

I expect that there was some hanging around, and on 7th, there would have been going through the arguido status thing.

If there were any left over bits to finish the next day, but prior to arguida time, I can't see anything in the files.

Of interest, is that the arguido statement appears to have been signed by the interpreter, whereas the witness ones don't (unless I've missed them).

[Robittybob1]

Thursday 6th September 2007
Portuguese police start interviewing Kate McCann, as a witness, in the presence of her lawyer.
 
Gerry states in his blog: 'The suggestion that Kate is involved in Madeleine's disappearance is ludicrous. Anyone who knows anything about the 3rd May knows that Kate is completely innocent. We will fight this all the way and will not stop looking for Madeleine'.

Friday 07 September 2007
Kate McCann leaves the police station in the early hours of the morning after 11 hours of questioning. She is instructed to return for further questioning hours later.
 
Kate arrives for second session of questioning
 
Justine McGuiness gives an interview whilst Kate is being interviewed for the second time
 
John Corner, a close friend of the McCanns, describes how he is stunned by the way the enquiry is going. Interviewed whilst Kate was being interviewed for second time.
 
Watch BBC interview here
 
After shorter second interview, Kate is declared an official suspect, 'arguida', in the disappearance of her daughter.
http://www.gerrymccannsblogs.co.uk/Nigel/id29.htm

From a procedural aspect did Kate and Gerry know the were going to be made arguidos prior to the questioning.  Like as we've discussed if she was being interviewed as a witness she was not allowed to not answer, but if she was an arguido she didn't have to answer and she was allowed to have a lawyer present. 

The whole process get tricky as we discussed recently the PJ keep a person as a witness as long as possible so they can ask questions without a lawyer present. 

I know it was announced to the public that K and G were made arguidos but when did they get told themselves?

[John]

In my opinion the fact that one risible 'explanation' heaped one upon the other was put forward in explanation weakens any case being made.
Before my time ... but still dragged out from time to time for an airing ... was the blue sports bag; Amaral had to make do with a studio background of Gerry and a golf bag to illustrate that one: I seem to remember one suggestion that Madeleine's body had been smuggled out of Portugal in a diplomatic bag: then there was "the clone" and so it goes on.
But in my opinion not one of them has really played to the gallery as much as the paroxysms of naked hatred aimed at the woman who refused to 'co-operate' with the police in her missing daughter's case; totally disregarding the fact that it had nothing to do with advancing Madeleine's inquiry but was all about 'solving' her case by incriminating her mother.

If that had succeeded that would have been the end of any further questions being asked on Madeleine's behalf ... and there is precedent which supports that opinion.

I agree with you that some of the theories which have been espoused over the last ten years are indeed risible.  But back to the subject of the topic, the unanswered 48 questions. Kate McCann had the opportunity to set the record straight but for some reason she chose not to confront the PJ head on.  I have long wondered if she had known then that her responses would be made known to the public at large, would she still have refused to answer?

I firmly believe she did enormous damage to her credibility by refusing to give simple straightforward answers to what were really basic questions.

[jassi]

Perhaps as a sort of festive quiz we could try and match the 48 questions to the answers she is supposed to have already given.

[G-Unit]

I agree with you that some of the theories which have been espoused over the last ten years are indeed risible.  But back to the subject of the topic, the unanswered 48 questions. Kate McCann had the opportunity to set the record straight but for some reason she chose not to confront the PJ head on.  I have long wondered if she had known then that her responses would be made known to the public at large, would she still have refused to answer?

I firmly believe she did enormous damage to her credibility by refusing to give simple straightforward answers to what were really basic questions.

There was one very interesting question too;

41   Is it true or not that in England you went so far as thinking about handing over Madeleine to a relative to look after?
http://news.bbc.co.uk/1/hi/uk/7542939.stm

Answering that question would have been very difficult in my opinion as it suggests the PJ knew what the correct answer was.

[Mr Gray]

I agree with you that some of the theories which have been espoused over the last ten years are indeed risible.  But back to the subject of the topic, the unanswered 48 questions. Kate McCann had the opportunity to set the record straight but for some reason she chose not to confront the PJ head on.  I have long wondered if she had known then that her responses would be made known to the public at large, would she still have refused to answer?

I firmly believe she did enormous damage to her credibility by refusing to give simple straightforward answers to what were really basic questions.

I would say most of the uk public dont have a clue about the 48 questions....of thos who do as we ahve seen some support and some dont...im impressed with G for saying she understands why kate didnt answer them.

There is really just opinion on this topic...its a shame we dont have so reel professional opinion...if we did I feel it would support Kate

[Mr Gray]

There was one very interesting question too;

41   Is it true or not that in England you went so far as thinking about handing over Madeleine to a relative to look after?
http://news.bbc.co.uk/1/hi/uk/7542939.stm

Answering that question would have been very difficult in my opinion because the fact that it was asked suggests the PJ knew what the correct answer was.

I doubt that has any truth in it at all