According to the AG Final Report - A Neglectful or Intended Homicide ?

[Rachel Granada]

How do you know they weren't right - as this has not been decided yet?  Maybe they nailed it first time and are, in fact, awesomely good.  It is, without doubt, a possibility.

If they'd "nailed it", the McCanns would be behind bars.

As it happens, they weren't even arrested which I know gets up your nose CEd, but there you go!

[icabodcrane]

What is significant,  I think,  is that when the case was archived  the possibility that Madeleine had died in the apartment as a consequence of her parents negligence,  was recognised

When related to the current trial, then,  how can it be  'libel'  to purport a theory that was still  recognised as a possibility when the case was shelved  ?   

[Mr Gray]

What is significant,  I think,  is that when the case was archived  the possibility that Madeleine had died in the apartment as a consequence of her parents negligence,  was recognised

When related to the current trial, then,  how can it be  'libel'  to purport a theory that was still  recognised as a possibility when the case was shelved  ?

because amaral called his book the TRUTH

[icabodcrane]

because amaral called his book the TRUTH

It just doesn't seem like a very strong case to me

Amaral believes that it  is  truth that Madeleine died in the apartment as a result of her parents' negligence   ...    and the Public Prosecutor agrees  that she might have

[John]

You are absolutely correct. That is one alternative not in the Archival report. Isn't that peculiar?

Isn't that what a neglectful homicide is Gilet...an accident following neglect?

[icabodcrane]

Isn't that what a neglectful homicide is Gilet...an accident following neglect?

What else  can  it mean  ?

It's what  we call  negligent manslaughter  ...   isn't it  ? 

[icabodcrane]

A shame that that point wasn't made in the OP then.

But nonetheless I thank you again for exposing the fact that the conclusion of the case what that there was absolutely no conclusion as to what had happened to Madeleine McCann and that all those possibilities remain open to this day.

You'll need to take that up with John ...  I didn't start this thread,  my post was a reply to a thread started by ferryman who disagreed that the Public Prosecutor had included the possibility of negligent homicide as an explanation for Madeleine's disappearance when he archived the case

[Redblossom]

You'll need to take that up with John ...  I didn't start this thread,  my post was a reply to a thread started by ferryman who disagreed that the Public Prosecutor had included the possibility of negligent homicide as an explanation for Madeleine's disappearance when he archived the case

Not only disagreed, but accused people of being deceitful by including that word
 

Another Ferryman lead balloon
 

PS DCI, if that passage was not from the final archiving report, which it was by the way, letter and parts a and b of the report,can you link to the archiving report??? Where it apparently does NOT feature in???
 >@@(*&)

[Redblossom]

What else  can  it mean  ?

It's what  we call  negligent manslaughter  ...   isn't it  ?

I thnk what gilet/davel were saying  is that the final report did not have the *conclusion* that Madeleine died from an accident at home, just the possibility....whereas its the theoretical conclusion in Mr Amarals book

[Luz]

The Archival Report has to be taken as a whole, it cannot be dismantled and each bit discussed independently.

What resulted from that report was that despite many indications that a crime was committed and that certain persons could have been involved, the investigation was not concluded in order to charge those persons.

As the actual Procedure Penal Code demands that the investigation do not surpass certain time limits without the production of "proof", it was necessary to Archive the investigation in order to hold the counting of time - otherwise there was a risk that the crime would "prescribe" (impossible to be taken to a Trial).

[AnneGuedes]

Thats not from the Public Prosecutor's final report though. Its the summary, from a Letter to the Attorney General regarding investigation details.

A letter of 58 pages ?

[AnneGuedes]

Isn't that what a neglectful homicide is Gilet...an accident following neglect?

The final report doesn't contemplate here unintentional homicide, i.e manslaughter. For instance Madeleine wakes up because of a burglar, he gives her a blow because she's about to scream, she falls and breaks her crown.

[Redblossom]

The final report doesn't contemplate here unintentional homicide, i.e manslaughter. For instance Madeleine wakes up because of a burglar, he gives her a blow because she's about to scream, she falls and breaks her crown.

i think they did


Considering the participated facts, conjugated with the information that was offered. namely by the witnesses, and with the information that was made available through the development of the inquiry, the investigation equated the verification of several hypotheses: abduction, for the purpose of sexual exploration or others (i.e. posterior adoption, child traffic, organ traffic), without homicide; abduction, followed by homicide with (or without) concealment of a cadaver, hypotheses that were considered under the double sides of the abduction (if it existed) having occurred due to feelings of vengeance of the abductor(s) towards the parents (directed abduction) or simply taking advantage of the circumstance that the child was in a situation of actual vulnerability (opportunity abduction), accidental death, with posterior concealment of the cadaver and, underlying all of these possibilities, abandonment, substantiated as a crime under article 138 of the Penal Code. The possibility of theft, whose author would have been disturbed by the child Madeleine and who, in order to prevent her from disturbing him, neutralised her in a violent manner, and, afterwards, took her with him, dead or alive, in order to leave no trace that could eventually lead to his identification.

Eta sorry, that counts for intentional

[AnneGuedes]

i think they did


Considering the participated facts, conjugated with the information that was offered. namely by the witnesses, and with the information that was made available through the development of the inquiry, the investigation equated the verification of several hypotheses: abduction, for the purpose of sexual exploration or others (i.e. posterior adoption, child traffic, organ traffic), without homicide; abduction, followed by homicide with (or without) concealment of a cadaver, hypotheses that were considered under the double sides of the abduction (if it existed) having occurred due to feelings of vengeance of the abductor(s) towards the parents (directed abduction) or simply taking advantage of the circumstance that the child was in a situation of actual vulnerability (opportunity abduction), accidental death, with posterior concealment of the cadaver and, underlying all of these possibilities, abandonment, substantiated as a crime under article 138 of the Penal Code. The possibility of theft, whose author would have been disturbed by the child Madeleine and who, in order to prevent her from disturbing him, neutralised her in a violent manner, and, afterwards, took her with him, dead or alive, in order to leave no trace that could eventually lead to his identification.

Eta sorry, that counts for intentional

That could as well be unintentional. I see the report doesn't contemplate an accidental death including an author, as in the case of a child pushing another one to play and the other one falling (surely the worst that can happen) or even an adult giving a blow out of exasperation to an unbearable child..

[gilet]

That could as well be unintentional. I see the report doesn't contemplate an accidental death including an author, as in the case of a child pushing another one to play and the other one falling (surely the worst that can happen) or even an adult giving a blow out of exasperation to an unbearable child..

You are correct. The report does not countenance accidental death as was noted yesterday.

Goncalo Amaral is out on his own with that one. Its not supported by the report at all.