The interview system we’d encountered on our previous visit – questions asked in Portuguese and verbally translated into English; answers given in English, translated into Portuguese and typed up by the interviewing officer – was exhausting for everyone. At the end of the interview the statement prepared by the officer would be printed out in Portuguese, verbally translated, on the spot, into English, and then signed by the interviewee. It was obvious that at every stage of the process the scope for mistakes in translation and misunderstandings was considerable.
I sat in the waiting area for eight hours before I was told that it was now too late for me to be interviewed and I should go home and come back the next day. Gerry was there for thirteen hours. When he finally returned to the apartment he related how Matt had been almost hysterical during his interview. Gerry had heard him shouting and crying. Apparently, it had been put to Matt that he’d handed Madeleine out through the window to a third party. It was like something out of Life on Mars.
Alan Pike was concerned about my wellbeing and asked for my rescheduled interview to be postponed for a few days. The PJ couldn’t have considered it all that important: it was 6 September before I was interviewed again.
McCann, Kate (2011-05-12). Madeleine (pp. 123-124). Random House UK. Kindle Edition.
Well let us put into context what Kate McCann is actually saying. She sat there waiting to be interviewed and then told to go home. The interviews were open to misunderstandings, people seem to forget that the McCanns never spoke Portuguese.
As for Alan Pike postponing Kate's scheduled interview on the 11th May, that previous night Kate McCann was informed by her husband that he heard their friend, Matt Oldfield, distressed at the accusations being directed at him that he handed Madeleine through the window to another person. The cold stark realisation must have hit the McCanns then that the Police were trying to accuse their friends and ultimately them of harming Madeleine.
Goncalo Amaral in Chapter 1 says this about being made an arguido
It is legally impossible to continue to take statements from someone as a witness if these statements risk later turning against him. While a witness is making a statement about an ongoing case and at a given moment it is realised that he could himself be involved in an illegal act, he is constituted arguido. Thus, from then on, he has rights and duties. Contrary to what one reads in the press - above all the English -, the arguido is protected and acquires the right to silence which no one can reproach him for - which would not be the case if he were being heard as a witness.
Now surely the question should be, if the PJ thought that Matthew Oldfield had passed Madeleine through the window to another person why wasn't he made an arguido and given his right to silence? Or was this just another case of trying to make someone confess to something they didn't do, and then make them an arguido?
It is no wonder the McCanns accepted the offer of professional legal advice, you and I would do exactly the same thing, if something happened abroad or even on our home ground.
One of the offers of help we’d received came from a paralegal based in Leicester, via a colleague of Gerry’s. He worked for a firm specializing in family law, the International Family Law Group (IFLG). It was difficult to know what this company could do but we decided it would be worth meeting them to discuss the possibilities. So on the afternoon of Friday 11 May, the paralegal, accompanied by a barrister, flew out to Portugal.
McCann, Kate (2011-05-12). Madeleine (p. 124). Random House UK. Kindle Edition.
And we must not forget that it wasn't the McCanns that approached Michael Caplan first, after being made arguidos. It was Rachael Oldfield who put them in touch with Angus MacBride and Michael Caplan once the McCanns were made arguidos. Kate clearly speaks of how they were introduced to their lawyers.
Saturday 8 September. We were on tenterhooks all day, waiting to hear whether we would be allowed to go home. Rachael had found a couple of criminal lawyers in London she was sure could help us. Michael Caplan and Angus McBride of Kingsley Napley had worked on several high-profile cases, including the Pinochet extradition proceedings and the Stevens inquiry. Gerry gave them a call.
McCann, Kate (2011-05-12). Madeleine (p. 254). Random House UK. Kindle Edition.
Rachael Oldfield is a trained lawyer and had practiced law until going into another profession. So it is obvious she would have contacts and would know people or friends of friends, in the legal profession. She was in a position to help her friends, who had been made arguidos, and she did exactly what any person would do, especially knowing that the PJ tried to make her own husband confess to handing Madeleine through a window.
It is hardly surprising that trust was lost between the Tapas group - including the McCanns - and the PJ. And people wonder why the Tapas members wouldn't hop on a plane back for a reconstruction, it is abundantly clear that they feared being accused of a heinous crime. So they did what you and I would do, they sought proper legal advice before deciding whether to return to Portugal or not. And upon that legal advice they decided not to return. Kate and Gerry McCannn, however, agreed to return to Portugal for a reconstruction, they knew that they were legally bound to return to Portugal as and when required, due to them being arguidos.
So the truth of the matter is this, the McCanns
never went running to lawyers, the help and legal assistance came via their friends and colleagues who knew people who worked for law firms.
Chinagirl, well said.
