Author Topic: Kate's refusal on legal advice to answer those 48 questions.  (Read 78527 times)

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Offline Eleanor

Re: Kate's refusal on legal advice to answer those 48 questions.
« Reply #135 on: June 12, 2014, 06:32:25 PM »
I have no proper basis for an opinion either way. The man had a career spanning 20 odd years.
But if one know there is a time limit after which one cannot perform a specific task then one is bleedin' stupid to run oneself out of time.

It wasn't quite like that though, as it.  Portugal were about to change the law regarding Arguidos and a need for evidence.  Amaral knew he didn't have any evidence.

Offline faithlilly

Re: Kate's refusal on legal advice to answer those 48 questions.
« Reply #136 on: June 12, 2014, 06:40:37 PM »
Dr Kate McCann or Kate Marie Healy as she is referred to here was questioned extensively prior to being made an arguida.

You are surely raising the incompetence of the PJ interviewing procedure if they did not ask the really essential questions which she was obliged to answer but waited until she had the protection of her arguida status when she was not obliged.
Just how 'essential' these questions were is revealed when one actually reads them

Or was it a propaganda ploy, designed to promote the smear of a mother who would not answer these 48 simple questions to obstruct the police investigating her daughter's disappearance?
If so, it appears to have had the desired effect as people like you are still promoting the '48 Questions' only for the detriment of Kate Marie Healey.

 
58 to 65 Witness statement of Kate Marie Healy 2007.05.04
Processo 01  Pages 58 to 65 
TRANSLATIONS  BY ANNA ESSE /ALBYM
 Kate Marie Healy's statement 04/05/07 @ 14.20pm
 Kate's interview took place on the day after Madeleine's disappearance, 04/05/07 at 2.20pm.
On the subject of the proceedings:
The interviewee was heard as a victim, being the mother of the minor.
///////
2539 to 2551 Interrogation of Kate Marie Healy 2007.09.06 with pictures of 5 A, Tapas table and layout of 5A   
10-PROCESSO 10 VOLUME Xa (Pages 2539 to 2551)
Kate Marie Healy's statement 06/09/07 @ 3.00pm
TRANSLATIONS  BY CARMERINA32
KATE MARIE HEALY ' STATEMENT
(from DVD)
September 6/2007 3pm at Portimao
Of British nationality, cannot speak or write Portuguese, therefore an interpreter is present taken from a list provided by the Consulate, ADSR.
Also present Carlos Pinto de Abreu, attorney.
KMH confirms all of what was stated before the Policy on May 4, 2007, the day following the events under investigation.
The interview was stopped at 5PM for a rest period, to be recommenced at 5:15 PM.
At this moment, and because it was so late, 11 PM, the interview was interrupted and will be continued tomorrow morning.
///////
Procedural Rights and Duties Defendant/ "Arguido" K McCann
10 Processos Vol X Pages 2553 to 2554
also OUTROS APENSOS IX, Volume I Pages 35 to 36 
Portimao Criminal Investigation Department
Being Held as a Defendant
(Procedural rights and duties set forth in section 61 of the Code of Criminal Procedure and Act n? 34/2004 of July 29, 2004)
Defendant: Kate Marie Healy (identified on page 58)
Date he (sic) was held a defendant: 07-09-2007
Defence counsel: Dr Carlos Pinto de Abreu, CP 9786L
Procedural Rights - Not to answer the questions asked by any entity about the facts he is charged with and about the contents of his statement concerning them,


The arguido status protects the individual from incriminating themselves and the witness MUST be made an arguido before any questions which may put them in that position are asked by the PJ. This is what happened to the McCanns.

What part of this don't you understand ?
Brietta posted on 10/04/2022 “But whether or not that is the reason behind the delay I am certain that Brueckner's trial is going to take place.”

Let’s count the months, shall we?

Offline Brietta

Re: Kate's refusal on legal advice to answer those 48 questions.
« Reply #137 on: June 12, 2014, 06:56:04 PM »
The arguido status protects the individual from incriminating themselves and the witness MUST be made an arguido before any questions which may put them in that position are asked by the PJ. This is what happened to the McCanns.

What part of this don't you understand ?

I understand it ... perhaps it is something you should point out to those who do not ...

ie the 48 question shock horror brigade.

But you've got to admit - an absolutely brilliant propaganda tool to smear madeleine's mother - which has stood the test of time - seven years to be exact.
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline Mr Gray

Re: Kate's refusal on legal advice to answer those 48 questions.
« Reply #138 on: June 12, 2014, 07:16:36 PM »
As The Met are talking of the investigation carrying on for possibly months that makes a nonsense of your statement.

no it doesn't...amaral came to his conclusion within days it seems

Offline faithlilly

Re: Kate's refusal on legal advice to answer those 48 questions.
« Reply #139 on: June 12, 2014, 08:12:17 PM »
I understand it ... perhaps it is something you should point out to those who do not ...

ie the 48 question shock horror brigade.

But you've got to admit - an absolutely brilliant propaganda tool to smear madeleine's mother - which has stood the test of time - seven years to be exact.

Then Kate should have answered those 48 questions. She placed the weapon in the sceptics hands.
Brietta posted on 10/04/2022 “But whether or not that is the reason behind the delay I am certain that Brueckner's trial is going to take place.”

Let’s count the months, shall we?

Offline Carana

Re: Kate's refusal on legal advice to answer those 48 questions.
« Reply #140 on: June 12, 2014, 08:15:59 PM »
Once again, the investigation was not a one man show and it wasn't up to Gonçalo Amaral to decide whether to make the McCanns arguidos or not. It was a decision made with the judges from the Ministério Público, the head of the PJ Alípio Ribeiro and the other officers, such as Guilhermino de Encarnação. All this criticism of Gonçalo Amaral and the way he "ran" the investigation is totally pointless seeing that he was not the person who called the shots or made the important decisions. But there are those who continue with this battle because they do not know who else to blame.

He may well have consulted with Encarnação and applied for permission from a magistrate.

However, what's Alípio Ribeiro got to do with the decision? He seemed to think it wasn't a bright idea to have done so at that time...

Alípio Ribeiro on McCann's Case (original statement): Question: Do you consider or not that there was a precipitation in establishing Kate and Gary (the journalist doesn’t say Gerry) as arguidos (suspects) in this process?

Alípio Ribeiro: In this moment, at this point in time, with the experience that I have of the magistracy from the Public Ministry… even, as you may know the constitution of arguidos in the processes are not… the director of the Judiciary, doesn’t give orders, constitute or not constitute, and he cannot. …maybe, there should have been another assessment. For that I have no doubts.

Question: There was some precipitation then?

Alípio Ribeiro: There was some precipitation. (asserting)

http://joana-morais.blogspot.com/2008/02/mccann-case-statements-of-alipio.html



Offline faithlilly

Re: Kate's refusal on legal advice to answer those 48 questions.
« Reply #141 on: June 12, 2014, 08:29:27 PM »
He may well have consulted with Encarnação and applied for permission from a magistrate.

However, what's Alípio Ribeiro got to do with the decision? He seemed to think it wasn't a bright idea to have done so at that time...

Alípio Ribeiro on McCann's Case (original statement): Question: Do you consider or not that there was a precipitation in establishing Kate and Gary (the journalist doesn’t say Gerry) as arguidos (suspects) in this process?

Alípio Ribeiro: In this moment, at this point in time, with the experience that I have of the magistracy from the Public Ministry… even, as you may know the constitution of arguidos in the processes are not… the director of the Judiciary, doesn’t give orders, constitute or not constitute, and he cannot. …maybe, there should have been another assessment. For that I have no doubts.

Question: There was some precipitation then?

Alípio Ribeiro: There was some precipitation. (asserting)

http://joana-morais.blogspot.com/2008/02/mccann-case-statements-of-alipio.html

I'm sure he did think it was too soon because more information could have been gained from them as witnesses rather than arguidos, as Kate so ably demonstrated,
Brietta posted on 10/04/2022 “But whether or not that is the reason behind the delay I am certain that Brueckner's trial is going to take place.”

Let’s count the months, shall we?

Offline Eleanor

Re: Kate's refusal on legal advice to answer those 48 questions.
« Reply #142 on: June 12, 2014, 08:38:52 PM »
I'm sure he did think it was too soon because more information could have been gained from them as witnesses rather than arguidos, as Kate so ably demonstrated,

Catch 22.  They couldn't be asked leading questions.  And then they didn't have to answer leading questions.

Offline faithlilly

Re: Kate's refusal on legal advice to answer those 48 questions.
« Reply #143 on: June 12, 2014, 08:49:56 PM »
Catch 22.  They couldn't be asked leading questions.  And then they didn't have to answer leading questions.

But they could have been asked questions which added to the PJ's knowledge of the indicent without the McCanns implicating themselves.
Brietta posted on 10/04/2022 “But whether or not that is the reason behind the delay I am certain that Brueckner's trial is going to take place.”

Let’s count the months, shall we?

Offline Eleanor

Re: Kate's refusal on legal advice to answer those 48 questions.
« Reply #144 on: June 12, 2014, 08:55:14 PM »
But they could have been asked questions which added to the PJ's knowledge of the indicent without the McCanns implicating themselves.

I couldn't agree more.  This would have been much the better option.

Offline Mr Gray

Re: Kate's refusal on legal advice to answer those 48 questions.
« Reply #145 on: June 12, 2014, 08:56:58 PM »
But they could have been asked questions which added to the PJ's knowledge of the indicent without the McCanns implicating themselves.

yes what a fool amaral was

Offline faithlilly

Re: Kate's refusal on legal advice to answer those 48 questions.
« Reply #146 on: June 12, 2014, 09:01:29 PM »
yes what a fool amaral was

He certainly made mistakes but has admitted that himself and to be fair his mistakes could have, theoretically, let the McCanns off the hook as well as wrongly convict them.
Brietta posted on 10/04/2022 “But whether or not that is the reason behind the delay I am certain that Brueckner's trial is going to take place.”

Let’s count the months, shall we?

Offline Mr Gray

Re: Kate's refusal on legal advice to answer those 48 questions.
« Reply #147 on: June 12, 2014, 09:10:35 PM »
He certainly made mistakes but has admitted that himself and to be fair his mistakes could have, theoretically, let the McCanns off the hook as well as wrongly convict them.

not much of an expert

Offline Montclair

Re: Kate's refusal on legal advice to answer those 48 questions.
« Reply #148 on: June 12, 2014, 09:17:24 PM »
yes what a fool amaral was

Some people here are so blinded by their prejudices and hate that they ignore any information that goes against their anger against one person. Perhaps one day you may actually understand the fact that Gonçalo Amaral did not lead the investigation and did not make these decisions all by himself. He did not have the power nor the authority, but you need a scapegoat.
The person who first brought up the possibility that Madeleine had died was Mark Harrison, who was recommended by the Leicestershire police.
« Last Edit: June 12, 2014, 09:19:07 PM by Montclair »

Offline Mr Gray

Re: Kate's refusal on legal advice to answer those 48 questions.
« Reply #149 on: June 12, 2014, 09:22:29 PM »
Some people here are so blinded by their prejudices and hate that they ignore any information that goes against their anger against one person. Perhaps one day you may actually understand the fact that Gonçalo Amaral did not lead the investigation and did not make these decisions all by himself. He did not have the power nor the authority, but you need a scapegoat.
The person who first brought up the possibility that Madeleine had died was Mark Harrison, who was recommended by the Leicestershire police.

no prejudice here just a sound understanding of the facts...it was obvious that as soon as it was established that maddie was missing that death was a possibility