The pj refused to televise a reconstruction "why" ?
Google translate it, basically, in layman's terms, it is not within the scope of a police investigation to produce means of evidence for a silly TV show, but for a court of law, end of.
CAPÍTULO V Da reconstituição do facto
Artigo 150.º
Pressupostos e procedimento
1 - Quando houver necessidade de determinar se um facto poderia ter ocorrido de certa forma, é admissível a sua reconstituição. Esta consiste na reprodução, tão fiel quanto possível, das condições em que se afirma ou se supõe ter ocorrido o facto e na repetição do modo de realização do mesmo.
2 - O despacho que ordenar a reconstituição do facto deve conter uma indicação sucinta do seu objecto, do dia, hora e local em que ocorrerão as diligências e da forma da sua efectivação, eventualmente com recurso a meios audiovisuais. No mesmo despacho pode ser designado perito para execução de operações determinadas.
3 - A publicidade da diligência deve, na medida do possível, ser evitada.»
http://www.pgdlisboa.pt/leis/lei_mostra_articulado.php?tabela=leis&artigo_id=&nid=199&ficha=101&pagina=&nversao=related
Email sent to Graham Michael / Stuart Prior from Ricardo Paiva
20 March 2008 11:56
(processo/16 - VOLUME XVIa.pdf P86,87 )
Vol. XVI p. 4216 and 4219 (4217 is the same, in Portugese)
Hello good morning Mick.
In answer to the questions raised by the holiday group regarding the re-enactment in Praia da Luz, Mr Paulo Rebelo wishes to clarify them as follows:
1 - Why do the PJ want them to take part in the re-enactment?
The PJ wants them to take part in the re-enactment because they were the ones who experienced the situation. Therefore they are in the best conditions to reproduce it.
2 - What is the aim, what are the PJ trying to achieve with the re-enactment?
The PJ is trying to find out, with accuracy, the circunstances of the events occurred, using for that purpose the exact place of events and the same persons who took part in it.
3 - Why so close to the anniversary?
Only now has the PJ contitions to carry out these procedings, and also because it is desirable that the weather conditions are as similar as possible to those at the time of the events.
4 - Why don't the PJ use actors?
The reason is because only the persons involved can clarify, with accuracy and at the same place, their position and movements.
5 - Will the footageof the re-enactment be released to the press/TV etc?
The PJ won't release any pictures/footage to the press.
6 - What protection is there for the friends in relation to the media coverage/like frenzy?
The place will be isolated and press interference will be avoided to its maximum.
The re-enactment will be carried out in one single day, at the exact time the events occurred.
However, the witnesses are requested to stay in Portugal for a couple of days more, in order to allow the production of all the material which shall be analysed, checked and signed by the persons involved.
Best regards.
Ricardo Paiva
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Email sent to Ricardo Paiva from Graham Michael / cc. Stuart Prior, Gary Watts, Nigel Baraclough
28 March 2008 16:33
(processo/16 - VOLUME XVIa.pdf P89 )
Vol XVI p. 4218
Dear Ricardo,
An update for you, as discussed this morning;
We have spoken on a number of ocasions with the holiday group and they are still undecided whether they will agree to attend Portugal to take part in this process.
As a group, they are waiting to see if Gerry and Kate McCann will be invited to attend and participate in the re-enactment. It is my understanding that if Gerry and Kate do not participate in this process, then the decision will be that they will not attend.
In addition, the group have stated that they would require written reassurances about how the process was going to be conducted before agreeing to attend.
Therefore, until these issues are resolved we are unable to get a firm commitment from the holiday group to attend on either of the proposed dates.
Mick
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Attachment to Stuart Prior from Paulo Rebelo, answering the questions raised by witnesses over the proposed reconstruction (see previous email)
15 April 2008
Processos Volume XVI, pgs. 4190 to 4192
Dear Stuart,
As agreed during our visit to Leicester last week, and in order to provide an answer to the questions raised by various witnesses in the investigation into the disappearance of the minor Madeleine McCann, regarding the possibility of carrying out a re-enactment on the site of the events, I shall inform you of the following:
1 – Regarding the arguido or formal suspect status of Gerald McCann and Kate McCann, it is not the PJ’s competence to take the decision on the respective clearance. Thus, it is not possible to ensure the arguido status will be changed;
2 – There is no need for the witnesses to be accompanied by their children. For efficiency and celerity purposes, we indeed request that the children don’t accompany their parents;
3 – The re-enactment, within the LOR, shall take place probably on May 15, 2008, between 5.30 p.m. and 11 p.m., thus covering the time period before dinner, dinner time and about an hour after having checked that the child had gone missing;
4 – A postponing of the re-enactment will only happen if the weather conditions are extremely bad, once the sites where most part of the events took place weren’t exposed to such conditions. We also add the draft agenda to the proceedings, which we plan to be as follows:
- May 15 – In the morning – Arrival to Portugal of the participants in the proceedings;
- - In the afternoon – The re-enactment
- May 16 – During the day – Preparation, by the PJ, of the records and documents of the proceedings which will be displayed, reviewed and signed by the participants;
- May 17 – In the morning or in the afternoon – Departure of the participants.
5 – The re-enactment will be carried out with the attendance of the nine holidaying friends, as well as, incidentally, any figurant considered to be necessary for a visualization of the events, i.e. a man carrying a child;
6 – The re-enactment site will be isolated, as much as possible, in order to preserve the security and the integrity of the proceedings. However, we can neither assure the evacuation of the population, nor guarantee the press won't interfere out of the security perimeter which will be established. Thus, we will do our best efforts to try and avoid picture taking by the press. However, we can not completely ensure that won't happen;
7 – The re-enactment will only turn out to be efficient if performed by the participants in the events, once the information provided by the same participants needs to be tested and efficiently compared on-site, and that can only be achieved by means of their own performances. Thus, the possibility of using actors has to be put aside;
8 – The request for the presence of witnesses was submitted through the LOR; the notification for the attendance of the arguidos falls under the competence of the Public Prosecutor's Office;
9 – If it is their wish, the witnesses can be assisted by the Foreign Office and, in the proceedings, also by a legal representative, subject to the consent of the Public Prosecutor's Office. Within the scope of the cooperation that has been taking place, the Leicestershire Police has already been invited to be present in the proceedings;
10 – If the conditions to make the re-enactments are achieved, the payments of participants’ airfares and the stay costs will be subject of later evaluation;
11 – The PJ will be responsible for ensuring personal security for all the participants in the proceedings and will facilitate transfers from and to the airport, and from and to the proceedings. The PJ does not foresee any hostile environment or the occurrence of events able to put the participants' physical and psychological integrity at risk;
12 – The witnesses will be invited to participate in the re-enactment, but there are no suspicions over them regarding the commission of any criminal acts;
13 – The translation services of these inquiry proceedings will be provided by private officers of the PJ;
14 –
The PJ considers this re-enactment to be highly important, and hopes the witnesses show their total cooperation, as they have been doing so far, towards finding out the truth.We hope we have provided the answers to all the questions raised by the participants and, for logistics and case preparation purposes, we kindly request to be informed about the participants' respective answers until April 25, 2008.
Best regards,
Paulo Rebelo
CSIC
more here
http://www.mccannfiles.com/id279.html----
We all know the answer from the collective Tapas 9 to this request.
