McCanns appeal to the European Court of Human Rights

[faithlilly]

It can sometimes get complicated with two connected threads. On the other thread there was a recent discussion as to whether his money had been released yet or whether it was still withheld due to this apparent ECtHR application.

Anyway, that was just a thought that popped into my head because of the other thread. On this one, I'm more interested in whether what G-Unit brought up could be the basis of an acceptable application and, if so, how that would be judged.

Are you really suggesting that Amaral would have his own money taken from him again if the ECHR rules against Portugal. Really ? Why ?

[G-Unit]

Why? There are two identical paragraphs (a and b) in the archival ruling as one concerns Murat and the other Kate and Gerry. Both are 277/1.

277/1 is used when enough evidence has been gathered. 277/2 is used when it hasn't been possible to gather enough evidence.

The McCann's friends and acquaintances prevented the gathering of 'enough' evidence by refusing to attend the reconstitution. The PJ Final Report makes that quite clear;

Addressing now, and specifically, the question relative to the diligence known as the "reconstitution of the facts" (Article 150º of the Penal Process Code), which was not performed due to the refusal of some of the integral members of the holiday group to return to our country
http://www.mccannpjfiles.co.uk/PJ/P_J_FINAL_REPORT.htm

Their refusal halted the gathering of evidence and led to the archiving. That's why 277/2 was the correct article imo.

[Venturi Swirl]

277/1 is used when enough evidence has been gathered. 277/2 is used when it hasn't been possible to gather enough evidence.

The McCann's friends and acquaintances prevented the gathering of 'enough' evidence by refusing to attend the reconstitution. The PJ Final Report makes that quite clear;

Addressing now, and specifically, the question relative to the diligence known as the "reconstitution of the facts" (Article 150º of the Penal Process Code), which was not performed due to the refusal of some of the integral members of the holiday group to return to our country
http://www.mccannpjfiles.co.uk/PJ/P_J_FINAL_REPORT.htm

Their refusal halted the gathering of evidence and led to the archiving. That's why 277/2 was the correct article imo.

It halted the gathering of sufficient evidence to use against the McCanns and their friends, is it any wonder some of them refused to attend?

[jassi]

So is it fair to say that it is down to the Tapas 7 that the McCanns are in the situation they now find themselves?

[Venturi Swirl]

So is it fair to say that it is down to the Tapas 7 that the McCanns are in the situation they now find themselves?

Banged up in a Portuguese jail you mean?  Oh wait...

[faithlilly]

So is it fair to say that it is down to the Tapas 7 that the McCanns are in the situation they now find themselves?

That’s the largest irony jassi.

[G-Unit]

It halted the gathering of sufficient evidence to use against the McCanns and their friends, is it any wonder some of them refused to attend?

On the other hand it could have allowed the authorities to gather enough evidence;

to dismiss once and for all any doubts that may subsist concerning the innocence of the missing [child's] parents.
http://www.mccannpjfiles.co.uk/PJ/LEGAL_SUMMARY.htm

Short term gain, long term loss in my opinion. The doubts weren't dismissed,  so the archiving dispatch didn't 'clear' them as they claimed in the libel trial.

[jassi]

On the other hand it could have allowed the authorities to gather enough evidence;

to dismiss once and for all any doubts that may subsist concerning the innocence of the missing [child's] parents.
http://www.mccannpjfiles.co.uk/PJ/LEGAL_SUMMARY.htm

Short term gain, long term loss in my opinion. The doubts weren't dismissed,  so the archiving dispatch didn't 'clear' them as they claimed in the libel trial.

Who'd have friends, huh?

[Venturi Swirl]

On the other hand it could have allowed the authorities to gather enough evidence;

to dismiss once and for all any doubts that may subsist concerning the innocence of the missing [child's] parents.
http://www.mccannpjfiles.co.uk/PJ/LEGAL_SUMMARY.htm

Short term gain, long term loss in my opinion. The doubts weren't dismissed,  so the archiving dispatch didn't 'clear' them as they claimed in the libel trial.

Perhaps you could explain how a reconstruction would have removed all the doubts?  Rhetorical question.  Of course it couldn't!

[G-Unit]

Perhaps you could explain how a reconstruction would have removed all the doubts?  Rhetorical question.  Of course it couldn't!

I didn't say it would, I said it may have done. That's not even the point, which is that the refusal halted the investigation by preventing the gathering of evidence.

[jassi]

It could have demonstrated how accurate the Tapas timeline was.

[Robittybob1]

Perhaps you could explain how a reconstruction would have removed all the doubts?  Rhetorical question.  Of course it couldn't!

I think it is the other way around.  The fact that they started resisting to attend the reconstruction removed the doubts the PJ had that the Tapas 9 were involved IMO.

If they were innocent they would all agree to attend, but they resisted.

[jassi]

I think it is the other way around.  The fact that they started resisting to attend the reconstruction removed the doubts the PJ had that the Tapas 9 were involved IMO.

If they were innocent they would all agree to attend, but they resisted.

I think that a fair assessment.

[faithlilly]

I think it is the other way around.  The fact that they started resisting to attend the reconstruction removed the doubts the PJ had that the Tapas 9 were involved IMO.

If they were innocent they would all agree to attend, but they resisted.

You don’t half talk some nonsense Rob.....I refuse to give my DNA....oh you must be innocent then. Ridiculous.

[Venturi Swirl]

It could have demonstrated how accurate the Tapas timeline was.

And then what?