Why didn't the McCanns ask that the case not be shelved?

[AnneGuedes]

If they had been "exonerated", what difference would it make to have the files translated? What a lame excuse!

This is a strange pretext. Has Ferryman a source ?
I think, Montclair, they had more than 20 days because of the Justice holidays.
The investigation arguido delay was over, so they could be assistants of the process (necessarily accompanied by a lawyer). As assistants they could require interventions and there, yes, they needed to have the files studied. But they had the financial support of a Fund that had precisely been created on that purpose.
I'm not sure whether, depending on the developments of the instruction inquiry, there was no risk to be arguidos again. It seems that it was their fear or the fear of their lawyers... Otherwise it doesn't make sense they recruited Mr Halligen instead of having the PJ for free! Though two witnesses in the trial stated that the arguido status wasn't the problem for the McCanns, it certainly was for the TP7 when they mentioned the removing of the arguido status as a requisite before collaborating in the reconstitution.

[Montclair]

....edited out deleted quote ....


How long did they have to make this request Montclair?

And from when did that time start?  Was it the day of the archiving or the day they received the files?

Reason I am asking is this.

If they only had so many days to lodge an appeal to stop the archiving, they had to do so, giving valid reasons as to why.  For example, leads not properly explored during the investigation which would have been in the files, written in Portuguese.

So if they only had say 20-30 days.  The McCanns would have had to get the files translated correctly.  Then go through them with lawyers or people who knew how the appeal process worked.  Cross reference this piece of information with that piece of information.  All very time consuming.  So is it not feasible to assume that the McCanns knew that they would not be able to get the files translated, cross-referenced etc before the time period expired?

Remember Kate McCann had a copy of all the files, including the reports of British children that were molested in the Algarve and those reports relating to the attempted molestations.

Are you trying to make me believe that when a case is archived, you just write a simple note to the Public Prosecutor and say "Don't archive this case" and he simply replies "OK then, the case will remain open"?

Why did the parents have to have the files translated before asking for the "fase de instrução"? It was reported on television that the Ministério Público extended the deadline for the parents to ask for the case to remain open, so I assume that they did not have to give any evidence from the files. I also expect that their lawyer would have known what to do and would have informed them accordingly. It wasn't that difficult. After all, their daughter was missing and that should have been their main priority.

As for these cases of British children being molested in the Algarve, don't make me laugh. If this really had happened it would have all over the British newspapers at the time, the parents would not have kept quiet. Never any news about it here and it certainly would not have been hidden.

So you think that the Portuguese judicial systems stinks? What a xenophobic remark!

[gilet]

If they had been "exonerated", what difference would it make to have the files translated? What a lame excuse!

Not a lame excuse at all.

What a cynical comment, more like!

How could they challenge the archival without being fully aware of the reasons for the archival? They needed to study the files to know on what basis to challenge the decision.

[DCI]

Not a lame excuse at all.

What a cynical comment, more like!

How could they challenge the archival without being fully aware of the reasons for the archival? They needed to study the files to know on what basis to challenge the decision.

Yes study the files, and ask for it to stay open, by August the 10th.

How come the "Final Report" was circulating the internet, by the 22nd July, the report was only released on the 21st.

[Rachel Granada]

Why have my "Price of a stamp" comments been removed please, Mods?

This falsehood has been touted by Amaral for some time.  "It would only cost them a price of a stamp to re-open the process".

The posts were perfectly valid to the topic. Extremely valid, in fact.

Please re-instate my posts if you want to be seen as a fair and balanced forum.

BUMP

[faithlilly]

He could have asked for it to be opened, that was his resposibilty. But he chose to write on every lead 'this is not relevant to the investigation'. Whether the new information warranted a reopening, or not.
Portuguese judicial system stinks, I don't need to take a course to see that!

You really should stop believing everything they print in newspapers.

Unless of course you have another, more reliable source for your claim ?

[DCI]

You really should stop believing everything they print in newspapers.

Unless of course you have another, more reliable source for your claim ?

It wasn't in a newspaper, it was in court 

[Montclair]

It wasn't in a newspaper, it was in court 

Yes, Isabel Duarte said it and she knew very well that it was not the case. The ultimate decision as to the reopening of the case lies with the Ministério Público not with one inspector of the PJ, who never had the authority to do so.

[Montclair]

Not a lame excuse at all.

What a cynical comment, more like!

How could they challenge the archival without being fully aware of the reasons for the archival? They needed to study the files to know on what basis to challenge the decision.

The reasons for the archiving of the investigation were given in the archiving report. They had a lawyer in Portugal who could have dealt very easily with the situation and given them advice as to the steps to take. There was no need to wait until the police files were translated. What do you think other arguidos, who have half the time to make the decision, do in Portugal? That's what lawyers are for. Didn't they consult their lawyer?

[AnneGuedes]

Remember Kate McCann had a copy of all the files, including the reports of British children that were molested in the Algarve and those reports relating to the attempted molestations.[/b]

There are no such files on the DVD and the deputy AG Melchior Gomes made clear that the files concerning sex offenders weren't included.

[DCI]

There are no such files on the DVD and the deputy AG Melchior Gomes made clear that the files concerning sex offenders weren't included.

TTSOFAFM, is correct.

They weren't included on the DVD's, but they existed. The McCann's, I presume got them when they asked for files in a UK court, from Leicester police.

From the Public Prosecutor's Office

Conclusion on 03-07-2008

Apenso VI - 1 Information, lists of suspects of sexual crimes contains elements that refer to matters from the private sphere of citizens that do not have any reference to these case files, as they were sent as informative data to be returned and for the purposes of helping the investigation, their function stopping there. The remaining of these documents in the case files would be a violation of the global defence of private rights of the citizens involved by means of the public divulgation of these elements, in relation to which the interest of the investigation was not justified. There for these reasons please return the two volumes that make up the Apenso Vi - 1 to the PJ, they should be returned to the UK police forces which sent them and to the other police forces that delivered them, according to article no. 86 no. 7 of the CPP.

Letter from Lawyers acting for UK Police Forces

http://www.mccannpjfiles.co.uk/PJ/LAWYERS_UK_POLICE.htm

[AnneGuedes]

That's what lawyers are for. Didn't they consult their lawyer?

Of course. And their Portuguese lawyers were indeed anglophones.
I bet the Portuguese authorities sighed of relief that the McCanns didn't request the instruction inquiry.
It wasn't though tout est bien qui finit bien, but all is bad that ends bad, because the search for Madeleine had been up to the September deadline between Scylla and Charybdis, having been brilliantly entrusted to Metodo3 and then Halligen.

[AnneGuedes]

They weren't included on the DVD's, but they existed. The McCann's, I presume got them when they asked for files in a UK court, from Leicester police.

Have you a source about their existence ?
About the way the McCanns got them, you presume.. But you remember how the LC reacted when their files were requested..

[AnneGuedes]

It wasn't in a newspaper, it was in court 

It wasn't in court, it had nothing to do with the book ban, it was outside the tribunal, she told the vultures and other vampires as she called them (this time she has another look) that she had been to Portimão and seen a lot of sightings with some Madeleine alike little girls.

[Montclair]

TTSOFAFM, is correct.

They weren't included on the DVD's, but they existed. The McCann's, I presume got them when they asked for files in a UK court, from Leicester police.

From the Public Prosecutor's Office

Conclusion on 03-07-2008

Apenso VI - 1 Information, lists of suspects of sexual crimes contains elements that refer to matters from the private sphere of citizens that do not have any reference to these case files, as they were sent as informative data to be returned and for the purposes of helping the investigation, their function stopping there. The remaining of these documents in the case files would be a violation of the global defence of private rights of the citizens involved by means of the public divulgation of these elements, in relation to which the interest of the investigation was not justified. There for these reasons please return the two volumes that make up the Apenso Vi - 1 to the PJ, they should be returned to the UK police forces which sent them and to the other police forces that delivered them, according to article no. 86 no. 7 of the CPP.

Letter from Lawyers acting for UK Police Forces

http://www.mccannpjfiles.co.uk/PJ/LAWYERS_UK_POLICE.htm

The Leicestershire did not give those files to the McCanns although the parents tried to get them by going to court.