Cadaver dogs are unreliable - Eugene Zapata

[G-Unit]

When one reads through the changes made in Portuguese law ... it clarifies in my opinion the rush to have Madeleine's parents constituted arguidos before they came into force and is precisely why it wasn't "tested".

In my opinion if there was no evidence to lay charges after the event ... it stands to reason there was no prior evidence to justify the imposed arguido status.

In my opinion the opportunity for abuse of power involved in the PJ being the sole arbitrators of the imposition of arguidoship might very well have been one of the motivating factors for the necessary change in the law.

Snip

THE 15th revision to the Criminal Procedure Code of the law number 48/2007, which was published on August 29, came into effect on September 15.
The main reasons for this review relate to impositions of International Law, as some rules have been found to be unconstitutional, and the slowness in the criminal process itself.
____________________________________________________________________________

In relation to the investigation stage of a crime, a provision has been included where if there is no grounds that a crime has been committed, an inquiry will not be initiated, which was not the case before.

To name someone as “arguido” the criminal police force now requires validation by a judge.

To protect the suspect’s rights, before the first interview, the person must be informed of the facts that are attributed to them and of the existing evidence, as long as this does not jeopardise the investigation or the fundamental rights of third parties.

Interviews now have a maximum duration of four hours, where previously there was no time limit, and can be resumed for the same period of time but only with a minimum interval of an hour.
Statements made in violation of these limits are considered void.
____________________________________________________________________________

Witnesses can also use the assistance of a lawyer, who can inform them of their rights but cannot intervene in the questioning.On the justice secrecy issue, the changes that were made created a less rigid system. From now on, secrecy may be set aside pending prevailing interests.

http://portugalresident.com/revisions-of-the-criminal-procedure-code

It all rests on that difference of opinion, doesn't it? Insufficient evidence v No evidence. It would have been one judge's opinion and we don't know what he would have decided.

[Robittybob1]

It all rests on that difference of opinion, doesn't it? Insufficient evidence v No evidence. It would have been one judge's opinion and we don't know what he would have decided.

I'd imagine it didn't take much evidence either, even the hint of a discrepancy might be enough.  I'm surprised that Neil Berry didn't get made an arguido.

[Mr Gray]

It all rests on that difference of opinion, doesn't it? Insufficient evidence v No evidence. It would have been one judge's opinion and we don't know what he would have decided.

No evidence is insufficient evidence... The archiving report said no evidence... They were the ones who reviewed all the evidence... I think it's clear there is no real evidence against the mccanns... I also think it's clear that  neither the  UK or Portuguese police are investigating the mccanns

[ShiningInLuz]

When one reads through the changes made in Portuguese law ... it clarifies in my opinion the rush to have Madeleine's parents constituted arguidos before they came into force and is precisely why it wasn't "tested".

In my opinion if there was no evidence to lay charges after the event ... it stands to reason there was no prior evidence to justify the imposed arguido status.

In my opinion the opportunity for abuse of power involved in the PJ being the sole arbitrators of the imposition of arguidoship might very well have been one of the motivating factors for the necessary change in the law.

Snip

THE 15th revision to the Criminal Procedure Code of the law number 48/2007, which was published on August 29, came into effect on September 15.
The main reasons for this review relate to impositions of International Law, as some rules have been found to be unconstitutional, and the slowness in the criminal process itself.
____________________________________________________________________________

In relation to the investigation stage of a crime, a provision has been included where if there is no grounds that a crime has been committed, an inquiry will not be initiated, which was not the case before.

To name someone as “arguido” the criminal police force now requires validation by a judge.

To protect the suspect’s rights, before the first interview, the person must be informed of the facts that are attributed to them and of the existing evidence, as long as this does not jeopardise the investigation or the fundamental rights of third parties.

Interviews now have a maximum duration of four hours, where previously there was no time limit, and can be resumed for the same period of time but only with a minimum interval of an hour.
Statements made in violation of these limits are considered void.
____________________________________________________________________________

Witnesses can also use the assistance of a lawyer, who can inform them of their rights but cannot intervene in the questioning.On the justice secrecy issue, the changes that were made created a less rigid system. From now on, secrecy may be set aside pending prevailing interests.

http://portugalresident.com/revisions-of-the-criminal-procedure-code

Was not the date, made public by the McCanns, for their planned departure from Portugal before this change?

[Eleanor]

Absolutely  ...  and the criteria for any case at all against Madeleine's parents did not exist as far as the Portuguese prosecutors are concerned.

Snip

To this can be added that, in reality, none of the indications that led to their constitution as arguidos was later confirmed or consolidated. If not, let us see: the information concerning a previous alert of the media – before the police – was not confirmed, the traces that were marked by the dogs were not ratified in laboratory, and the initial indications from the above transcribed email, better clarified at a later date, ended up being revealed as innocuous.
 
Even if, hypothetically, one could admit that Gerald and Kate McCann might be responsible over the child’s death, it would still have to be explained how, where through, when, with what means, with the help of whom and where to they freed themselves of her body within the restricted time frame that would have been available to them to do so. Their daily routine, until the 3rd of May, had been circumscribed to the narrow borders of the ‘Ocean Club’ resort and to the beach that lies next to it, unknowing the surrounding terrain and, apart from the English friends that were with them on holiday there, they had no known friends or contacts in Portugal.

http://madeleinemccann.org/blog/2014/04/20/the-pjs-final-report-the-archiving-dispatch/#adi9

The Final Report sums it up perfectly.

[G-Unit]

No evidence is insufficient evidence... The archiving report said no evidence... They were the ones who reviewed all the evidence... I think it's clear there is no real evidence against the mccanns... I also think it's clear that  neither the  UK or Portuguese police are investigating the mccanns

I wouldn't rely on the archiving report if I were you. That's what the McCanns did and they lost their case.

[Mr Gray]

I wouldn't rely on the archiving report if I were you. That's what the McCanns did and they lost their case.

What is wrong with the, archiving report... What else can we rely on.... Are you saying there is evidence.... If so quote it

[Eleanor]

I wouldn't rely on the archiving report if I were you. That's what the McCanns did and they lost their case.

Damn it, and The McCanns still haven't been arrested.

[Brietta]

Was not the date, made public by the McCanns, for their planned departure from Portugal before this change?

What do you think is the relevance if any?  We have discussed the situation many times on the forum so I imagine you will have some thoughts.  Bearing in mind that the prosecutors deemed Madeleine's disappearance was not a tale from a book it was happening in real life and the McCann family were and are living it.

[G-Unit]

Damn it, and The McCanns still haven't been arrested.

More significantly (for them) they haven't been cleared as they have claimed.

[Brietta]

I wouldn't rely on the archiving report if I were you. That's what the McCanns did and they lost their case.

Do you place your reliance on the interim report whose author also became a convicted criminal for torturing a man?

[Brietta]

More significantly (for them) they haven't been cleared as they have claimed.

I wonder what Murat would say to that were you to ask him or his lawyer in the street ... but of more interest to me ... is what the European Court of Human Rights might make of it.

[Eleanor]

More significantly (for them) they haven't been cleared as they have claimed.

What has Being Cleared got to do with anything?

[G-Unit]

I wonder what Murat would say to that were you to ask him or his lawyer in the street ... but of more interest to me ... is what the European Court of Human Rights might make of it.

The Supreme Court never discussed Robert Murat, just the erroneous claims made by the McCann's lawyers.

[Brietta]

The Supreme Court never discussed Robert Murat, just the erroneous claims made by the McCann's lawyers.

What does that post mean? ... I am afraid you have lost me.