So why, pray tell, is asking a witness to demonstrate what they claimed happened in an oral statement to see whether it physically could be possible, an excercise in futility?
Seems eminently sensible to me to test out the veracity of a witnesses claim.
Or is it that it's only futile because it sought to test the veracity of the McCann's and their friends?
I've used the example before and make no apology for using it again: the Stockwell Underground Tube Station shooting of Jean-Paul de Menezes.
Eye-witnesses "saw" Mr De Menezes, wearing a knee-length, heavyweight coat, pole-volting barriers and sprinting onto the train.
The truth: he was wearing a light-weight denim jacket with no lead in sight. He made a leisurely entrance onto the platform and stopped to buy a paper. He entered the train in an orthodox way, was pinned to the floor and shot.
What odds a (Portuguese-style) "reconstitution" unveiling the truth of that?
CCTV footage of actual events as they occurred
did unveil the truth!
When Portuguese justice discards
reconstitutions, a massive step forward in the quest for justice will have been made in Portuguese law.