Author Topic: Kate McCann admits in her book that private criminal investigations in Portugal were illegal.  (Read 128390 times)

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Offline Alice Purjorick

Dorothy Parker. Now there's was a lady with a razor sharp tongue and the intellect to use it to its best effect.

“You can't teach an old dogma new tricks.”

How very true.
Did you misspell in there somewhere my dear?
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline Mr Moderator

Read this quick as most of it is off topic and will no doubt be redacted.

About the same as you I would imagine. There is plenty of information on the net but it is a tedious question of separating sheep from goats and most of us have better things to do; indeed just other things to do.
With regard to whether or not running a private investigation parallel with a police criminal investigation is illegal in Portugal who knows? I would imagine if one wrote to a Portuguese Advogado one would obtain a definitive answer at a price.
The nearest we have is the suggestion in Kate McCann's book that were doing something "technically illegal" and the article in the Daily Telegraph that I have already posted a link to.
According to Wikipedia which is not renowned for its accuracy:
"In some countries, the practice of a detective is not yet recognized in courts and judicial processes. One of these countries is Portugal, where the proof presented loses all the significance when collected by a private detective. Even under this circumstance, the practice of this activity is in demand, and ruled by a code of conduct".
Whether or not the practice is illegal, private investigators everywhere can run foul of obstructing the course of justice. In the United States private investigators have been subject to rigorous examination in knowledge of the law and investigation before being granted a licence. In 2007 in the United Kingdom every man jack could set themselves up as PI without requiring a licence as there was no licensing arrangement then; that may still apply but in 2013 the Home Sec. was proposing a system in the UK similar to the US.

The Portuguese Code of Practice came in on 10 August 2007 but since Método 3 and Oakley were both based outside of Portugal neither complied with it.  Back in 2007 the Portuguese police were the only entity who could legally investigate crime since private investigators were not recognised by the judicial authorities. 

Kate McCann would have taken advice before writing in her book that private criminal investigations were technically illegal in Portugal thus why they employed one who was based in Spain.  She failed to expand on that statement however since to do so would have opened a much larger can of worms.

As stated previously, the illegality is not set by Statute under the Portuguese Penal Code but arises where there is interference in the official investigation. We know that witnesses were harangued and harassed by agents acting on behalf of the McCanns and that is where the damage was done.  They had in effect perverted the course of justice.

From Madeleine by Kate McCann

"Our first investigators, the Spanish company Método 3, began working for us in October. With private investigations technicaly ilegal in Portugal, we felt the closest we could get would be a firm from somewhere on the Iberian Peninsula, which would have the advantage of familiarity with local systems, culture and geography and the best network of contacts in the region."


Closest we could get?  What Kate McCann fails to recognise is that it is irrelevant where the pi's are based since any interference in an official investigation is tantamount to illegal activity under the Portuguese judicial system.  In the event however the point is academic since Método 3 did not restrict their activities to beyond Portugal's borders but undertook work paid for by the Madeleine Fund inside Portugal in direct opposition to the Portuguese Police.

« Last Edit: July 21, 2014, 05:52:29 PM by Mr Moderator »

stephen25000

  • Guest
The Portuguese Code of Practice came in on 10 August 2007 but since Método 3 and Oakley were both based outside of Portugal neither complied with it.  Back in 2007 the Portuguese police were the only entity who could legally investigate crime since private investigators were not recognised by the judicial authorities. 

Kate McCann would have taken advice before writing in her book that private criminal investigations were technically illegal in Portugal thus why they employed one who was based in Spain.  She failed to expand on that statement however since to do so would have opened a much larger can of worms.

As stated previously, the illegality is not set by Statute under the Portuguese Penal Code but arises where there is interference in the official investigation. We know that witnesses were harangued and harassed by agents acting on behalf of the McCanns and that is where the damage was done.  They had in effect perverted the course of justice.

From Madeleine by Kate McCann

"Our first investigators, the Spanish company Método 3, began working for us in October. With private investigations technicaly ilegal in Portugal, we felt the closest we could get would be a firm from somewhere on the Iberian Peninsula, which would have the advantage of familiarity with local systems, culture and geography and the best network of contacts in the region."


Closest we could get?  What Kate McCann fails to recognise is that it is irrelevant where the pi's are based since any interference in an official investigation is tantamount to illegal activity under the Portuguese judicial system.  In the event however the point is academic since Método 3 did not restrict their activities to beyond Portugal's borders but undertook work paid for by the Madeleine Fund inside Portugal in direct opposition to the Portuguese Police.

Excellent summation.

 8@??)( 8@??)( 8@??)(

Offline Mr Moderator

Added

Antonio Martins, President of the National Association of Portuguese Judges, told the newspaper 24 Horas: "It is still up to the state to carry out criminal investigation. That kind of activity has no legal standing.

"Anything that results from private investigation has no substance."

Mr Martins said the private detectives and even the McCanns themselves could be accused of "obstruction of justice".


and...

Carlos Anjos, the head of Portugal's criminal police federation, added: "This can only be another diversion tactic from the McCanns. It is nothing but folklore.

"Portugal does not have legislation in this area. Private detectives who intervene in criminal cases cannot exist.

"The law only tolerates private detectives who gather information and only about matters of the private lives of certain people like extramarital relationships."

A separate police source warned that the involvement of investigators may not only be illegal but could have a detrimental effect on the inquiry.

The high ranking official told newspaper Correio da Manha: "If private investigators come here they will be running a serious risk of being arrested."

www.telegraph.co.uk/news/uknews/1564121/Madeleine-McCann-police-fury-over-private-hunt.html


So there we had it from Antonio Martins, President of the National Association of Portuguese Judges and Carlos Anjos, the head of Portugal's criminal police federation, does anyone believe they are better placed to quote Portuguese Law?

Offline faithlilly

Did you misspell in there somewhere my dear?

I did indeed, damn predictor text !!
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?

Alfred R Jones

  • Guest
Added

Antonio Martins, President of the National Association of Portuguese Judges, told the newspaper 24 Horas: "It is still up to the state to carry out criminal investigation. That kind of activity has no legal standing.

"Anything that results from private investigation has no substance."

Mr Martins said the private detectives and even the McCanns themselves could be accused of "obstruction of justice".


and...

Carlos Anjos, the head of Portugal's criminal police federation, added: "This can only be another diversion tactic from the McCanns. It is nothing but folklore.

"Portugal does not have legislation in this area. Private detectives who intervene in criminal cases cannot exist.

"The law only tolerates private detectives who gather information and only about matters of the private lives of certain people like extramarital relationships."

A separate police source warned that the involvement of investigators may not only be illegal but could have a detrimental effect on the inquiry.

The high ranking official told newspaper Correio da Manha: "If private investigators come here they will be running a serious risk of being arrested."

www.telegraph.co.uk/news/uknews/1564121/Madeleine-McCann-police-fury-over-private-hunt.html


So there we had it from Antonio Martins, President of the National Association of Portuguese Judges and Carlos Anjos, the head of Portugal's criminal police federation, does anyone believe they are better placed to quote Portuguese Law?
Did private investigators operate in Portugal on behalf of the McCanns whilst the investigation was live and were any of them arrested?

Offline Mr Gray

Added

Antonio Martins, President of the National Association of Portuguese Judges, told the newspaper 24 Horas: "It is still up to the state to carry out criminal investigation. That kind of activity has no legal standing.

"Anything that results from private investigation has no substance."

Mr Martins said the private detectives and even the McCanns themselves could be accused of "obstruction of justice".


and...

Carlos Anjos, the head of Portugal's criminal police federation, added: "This can only be another diversion tactic from the McCanns. It is nothing but folklore.

"Portugal does not have legislation in this area. Private detectives who intervene in criminal cases cannot exist.

"The law only tolerates private detectives who gather information and only about matters of the private lives of certain people like extramarital relationships."

A separate police source warned that the involvement of investigators may not only be illegal but could have a detrimental effect on the inquiry.

The high ranking official told newspaper Correio da Manha: "If private investigators come here they will be running a serious risk of being arrested."

www.telegraph.co.uk/news/uknews/1564121/Madeleine-McCann-police-fury-over-private-hunt.html


So there we had it from Antonio Martins, President of the National Association of Portuguese Judges and Carlos Anjos, the head of Portugal's criminal police federation, does anyone believe they are better placed to quote Portuguese Law?

neither martins nor Carlos Anjos say that a private investigation is illegal...they say they MAY be charged with obstruction...that's all

ferryman

  • Guest
neither martins nor Carlos Anjos say that a private investigation is illegal...they say they MAY be charged with obstruction...that's all

More specifically:


The high ranking official told newspaper Correio da Manha: "If private investigators come here they will be running a serious risk of being arrested."

The implicit message is clear:

Keep your private investigators off our patch and you'll be fine ...

The McCanns did.

And they were/are fine ...
 
   


stephen25000

  • Guest
More specifically:


The high ranking official told newspaper Correio da Manha: "If private investigators come here they will be running a serious risk of being arrested."

The implicit message is clear:

Keep your private investigators off our patch and you'll be fine ...

The McCanns did.

And they were/are fine ...

The mccanns didn't get their hands dirty, their employees did.

Offline Alice Purjorick

More specifically:


The high ranking official told newspaper Correio da Manha: "If private investigators come here they will be running a serious risk of being arrested."

The implicit message is clear:

Keep your private investigators off our patch and you'll be fine[/i] ...

The McCanns did.

And they were/are fine ...

The child disappeared in Portugal, sir. If the investigators were not in Portugal is does rather invite two questions.
If the investigators were not in Portugal where were they?.

What did investigators hope to achieve conducting investigations outside Portugal?
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline Brietta

The PJ didn’t seem too concerned about the involvement of M3 in Madeleine’s case … the fact that they met with them and received information from them concerning the case … suggests that within the set parameters there was no illegality involved.
 
So they were well aware of the involvement of Private Investigators ... they may not have been ecstatically happy about it ... but, as can be seen from the files, they actually carried out an investigation of part of the information given to them by M3.



Volume XIII Pages 3434 - 3436
Service Information 2007.11.14
To: Coordinator of the Criminal Investigation
From: Joao Carlos, Inspector

Concerning the investigation of the disappearance of the British minor, Madeleine McCann, I present you Sir with the following:

On the 19th of October, we were contacted by the Commissary General, located in Madrid, by the Chief of the Kidnapping Unit, Alberto Carbas, who passed to us the information that the McCann family had contracted a Spanish company known as 'METODO 3', composed of Spanish private detectives. This business, or in other words, the costs of the activities of this business were being covered by a Scottish multi-millionaire whose name is BRIAN KENNEDY and whose objective was to locate the British minor.

With this information, we were asked if we were available and interested in meeting with a representative of this Spanish business, and also with the Commissary General and Chief of the Kidnapping Unit of the Police of our neighbouring country, whose operation is in Madrid.

The meeting had as its objective to receive on behalf of the private detectives, from that moment and for their own wishes, relevant information with the aim to ascertain the truth, and to state that they would not interfere in police work, and at most they would serve as a complement to some useful information. They firmly state that they are not working directly for the McCann family, but for Brian Kennedy and that their sole purpose is to locate the missing child, or to gather the inescapable truth of what happened.
They did not ask for any information regarding the investigation, nor was any offered to them, for obvious reasons as this is found incorporated in the Portuguese penal process.

On the 13th of the current year, in the presence of the signatory and inspectors Paulo Ferreira and Ricardo Paiva, a meeting was held, in this department, with Brian Kennedy, the director of the detective company, Francisco Marco and an advisor of this same company, Antonio Jimenez, ex-chief of the Kidnapping Unit of Catalan. From the beginning, Brian Kennedy was questioned, and ascertained that the meeting only had this scope--of transmitting that his objective in all of this was purely charitable in that he is interested [in helping to stop] the bad treatment of minors and in missing children. He affirmed that he only was interested in discovering the truth and nothing more even if the McCann family, the friends, or any other person is found to be involved in the disappearance.

During the course of this meeting, the director of METODO 3 gave us a small book (attached), with information relative to the disappearance of the minor. This information, as we were told, was received via telephone and that they had already opened a line in Spain, specifically to receive and deal with information.

In this book, written in Spanish, we can analyse three pieces of information:

1. In the first case, we observed that there was report of facts which occurred in August/September of 2006, and which appears to us somewhat extemporaneous, as it cannot now be related to the material under investigation.
2. In the second point, we should remember that the computers of Sergey Malinka were searched and that nothing of suspicion was found there or related to paedophilia.
3. In that which concerns the third point, we are currently carrying out diligences with the intent to confirm or disprove the related information.

With nothing more to report.
Joao Carlos, Inspector                                                                                     

http://www.mccannpjfiles.co.uk/PJ/BRIAN-KENNEDY.htm
"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"....

ferryman

  • Guest
The PJ didn’t seem too concerned about the involvement of M3 in Madeleine’s case … the fact that they met with them and received information from them concerning the case … suggests that within the set parameters there was no illegality involved.
 
So they were well aware of the involvement of Private Investigators ... they may not have been ecstatically happy about it ... but, as can be seen from the files, they actually carried out an investigation of part of the information given to them by M3.



Volume XIII Pages 3434 - 3436
Service Information 2007.11.14
To: Coordinator of the Criminal Investigation
From: Joao Carlos, Inspector

Concerning the investigation of the disappearance of the British minor, Madeleine McCann, I present you Sir with the following:

On the 19th of October, we were contacted by the Commissary General, located in Madrid, by the Chief of the Kidnapping Unit, Alberto Carbas, who passed to us the information that the McCann family had contracted a Spanish company known as 'METODO 3', composed of Spanish private detectives. This business, or in other words, the costs of the activities of this business were being covered by a Scottish multi-millionaire whose name is BRIAN KENNEDY and whose objective was to locate the British minor.

With this information, we were asked if we were available and interested in meeting with a representative of this Spanish business, and also with the Commissary General and Chief of the Kidnapping Unit of the Police of our neighbouring country, whose operation is in Madrid.

The meeting had as its objective to receive on behalf of the private detectives, from that moment and for their own wishes, relevant information with the aim to ascertain the truth, and to state that they would not interfere in police work, and at most they would serve as a complement to some useful information. They firmly state that they are not working directly for the McCann family, but for Brian Kennedy and that their sole purpose is to locate the missing child, or to gather the inescapable truth of what happened.
They did not ask for any information regarding the investigation, nor was any offered to them, for obvious reasons as this is found incorporated in the Portuguese penal process.

On the 13th of the current year, in the presence of the signatory and inspectors Paulo Ferreira and Ricardo Paiva, a meeting was held, in this department, with Brian Kennedy, the director of the detective company, Francisco Marco and an advisor of this same company, Antonio Jimenez, ex-chief of the Kidnapping Unit of Catalan. From the beginning, Brian Kennedy was questioned, and ascertained that the meeting only had this scope--of transmitting that his objective in all of this was purely charitable in that he is interested [in helping to stop] the bad treatment of minors and in missing children. He affirmed that he only was interested in discovering the truth and nothing more even if the McCann family, the friends, or any other person is found to be involved in the disappearance.

During the course of this meeting, the director of METODO 3 gave us a small book (attached), with information relative to the disappearance of the minor. This information, as we were told, was received via telephone and that they had already opened a line in Spain, specifically to receive and deal with information.

In this book, written in Spanish, we can analyse three pieces of information:

1. In the first case, we observed that there was report of facts which occurred in August/September of 2006, and which appears to us somewhat extemporaneous, as it cannot now be related to the material under investigation.
2. In the second point, we should remember that the computers of Sergey Malinka were searched and that nothing of suspicion was found there or related to paedophilia.
3. In that which concerns the third point, we are currently carrying out diligences with the intent to confirm or disprove the related information.

With nothing more to report.
Joao Carlos, Inspector                                                                                     

http://www.mccannpjfiles.co.uk/PJ/BRIAN-KENNEDY.htm

Great find, Brietta

But scarcely conducive to the theMcCannsbrokethelawandaregoingtobearrestedanyminute line some want to pursue ...

You absolute killjoy ...

Online Wonderfulspam

I think arrestedanyminute is unlikely.

There are the never ending amount of false sightings & all those Luz residents with phones, hair & sofas that still need investigating.
Christian Brueckner Fan Club

Offline faithlilly

The PJ didn’t seem too concerned about the involvement of M3 in Madeleine’s case … the fact that they met with them and received information from them concerning the case … suggests that within the set parameters there was no illegality involved.
 
So they were well aware of the involvement of Private Investigators ... they may not have been ecstatically happy about it ... but, as can be seen from the files, they actually carried out an investigation of part of the information given to them by M3.



Volume XIII Pages 3434 - 3436
Service Information 2007.11.14
To: Coordinator of the Criminal Investigation
From: Joao Carlos, Inspector

Concerning the investigation of the disappearance of the British minor, Madeleine McCann, I present you Sir with the following:

On the 19th of October, we were contacted by the Commissary General, located in Madrid, by the Chief of the Kidnapping Unit, Alberto Carbas, who passed to us the information that the McCann family had contracted a Spanish company known as 'METODO 3', composed of Spanish private detectives. This business, or in other words, the costs of the activities of this business were being covered by a Scottish multi-millionaire whose name is BRIAN KENNEDY and whose objective was to locate the British minor.

With this information, we were asked if we were available and interested in meeting with a representative of this Spanish business, and also with the Commissary General and Chief of the Kidnapping Unit of the Police of our neighbouring country, whose operation is in Madrid.

The meeting had as its objective to receive on behalf of the private detectives, from that moment and for their own wishes, relevant information with the aim to ascertain the truth, and to state that they would not interfere in police work, and at most they would serve as a complement to some useful information. They firmly state that they are not working directly for the McCann family, but for Brian Kennedy and that their sole purpose is to locate the missing child, or to gather the inescapable truth of what happened.
They did not ask for any information regarding the investigation, nor was any offered to them, for obvious reasons as this is found incorporated in the Portuguese penal process.

On the 13th of the current year, in the presence of the signatory and inspectors Paulo Ferreira and Ricardo Paiva, a meeting was held, in this department, with Brian Kennedy, the director of the detective company, Francisco Marco and an advisor of this same company, Antonio Jimenez, ex-chief of the Kidnapping Unit of Catalan. From the beginning, Brian Kennedy was questioned, and ascertained that the meeting only had this scope--of transmitting that his objective in all of this was purely charitable in that he is interested [in helping to stop] the bad treatment of minors and in missing children. He affirmed that he only was interested in discovering the truth and nothing more even if the McCann family, the friends, or any other person is found to be involved in the disappearance.

During the course of this meeting, the director of METODO 3 gave us a small book (attached), with information relative to the disappearance of the minor. This information, as we were told, was received via telephone and that they had already opened a line in Spain, specifically to receive and deal with information.

In this book, written in Spanish, we can analyse three pieces of information:

1. In the first case, we observed that there was report of facts which occurred in August/September of 2006, and which appears to us somewhat extemporaneous, as it cannot now be related to the material under investigation.
2. In the second point, we should remember that the computers of Sergey Malinka were searched and that nothing of suspicion was found there or related to paedophilia.
3. In that which concerns the third point, we are currently carrying out diligences with the intent to confirm or disprove the related information.

With nothing more to report.
Joao Carlos, Inspector                                                                                     

http://www.mccannpjfiles.co.uk/PJ/BRIAN-KENNEDY.htm

Seems the information gleaned from the meeting was via a Spanish information line so not really relevant. We, however, do not know what diligences Metodo3 carried out in Portugal and still have only Kate's claim that they were 'technically illegal.

As an aside it doesn't seem the PJ were too impressed with the 'information' that was offered.
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 faithlilly

I think arrestedanyminute is unlikely.

There are the never ending amount of false sightings & all those Luz residents with phones, hair & sofas that still need investigating.

Looks like SY officers may have a job for life.

Result !
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?