something else you dont seem to have an answer for.......the case was archived under article 271/1.....yet was reopened.....how is that possible given your understanding
I seem to have more answers than you do my friend.
The McCann's lawyers seemed to have a problem with the reviewing and reopening of the investigation too. They appear to be arguing that only brand new information which wasn't in the existing files could be used to reopen the investigation. Not only that, the new information had to invalidate the grounds invoked by the Public Ministry in the filing order.
As I understand it, the grounds invoked (277/1) were that sufficient evidence had been gathered to show "that the arguido did not practice it in any way"
So what new information did the PJ discover or receive which changed that? I suppose only time will tell.
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
Article 279 - Reopening of the investigation
1. Once the period referred to in the previous article has expired, the investigation may be reopened only if new evidence appears to invalidate the grounds invoked by the Public Ministry in the filing order.
http://www.gerrymccannsblogs.co.uk/Annulment_request.htmAccording to the Policia Judiciaria they conducted a review of the material gathered by the archived investigation;
That reanalysis task, which took place during the last two and a half years, helped identify new evidence
http://www.gerrymccannsblogs.co.uk/Nigel/id466.htmAccording to the McCann's lawyers;
the invalidation of the grounds invoked by the Public Ministry's office in the filing order, made under the provisions of article 277-1 of the CPP, can only be based on new facts or elements of evidence unknown by the Public Ministry at the investigation’s time (11) and that, therefore, could not be presented and produced in order to be assessed and pondered in the decision.
However, inside the factual matter established as proved in the minutes,
there is no fact capable of constituting ground for the review or reopening of the investigationhttp://www.gerrymccannsblogs.co.uk/Annulment_request.htm