Portuguese judicial secrecy laws explained.

[Eleanor]

Well now, The Book was published just a few days after the case was shelved.  That must have been written a bit smartish.

[Eleanor]

Not necessarily.

The BBC lawyers would have checked into it, and she probably sought legal advice as well. Authorisation may even have been sought and given as there is a provision which allows information to be released in certain circumstances (article 86, point 9).

And then there is that, of course.

[Carana]

Reading it again, point 9 may not be the correct one. There are provisions for information to be released. One of them concerns public appeals for information.

[stephen25000]

It is interesting to observe, yet again the attacks on the Portuguese system.

The mccanns and associates leaked like a sieve. Both sides did and continue to do so.

It would be the same over here.

Some just need to get over it.

[Carana]

What IS in clear breach of judicial secrecy is all the half-baked McCannswhadunnit leaks floating out of PJ windows...

Traditionally, the rule of Secrecy of Justice aims to guarantee the effectiveness of a criminal inquiry and a fair investigation and trial. More recently, this rule has been defended on the basis of the rights to privacy, to a good name and reputation of victims, defendants or other parties involved in criminal proceedings, and also on the basis of the presumption of innocence.

[Eleanor]

What IS in clear breach of judicial secrecy is all the half-baked McCannswhadunnit leaks floating out of PJ windows...

Traditionally, the rule of Secrecy of Justice aims to guarantee the effectiveness of a criminal inquiry and a fair investigation and trial. More recently, this rule has been defended on the basis of the rights to privacy, to a good name and reputation of victims, defendants or other parties involved in criminal proceedings, and also on the basis of the presumption of innocence.

Oh Really.

[ferryman]

So I assume you agree that Tanner did break the judicial secrecy laws ?

Well, certainly there was the comment of David Payne that they were unable to discuss the investigation with journalists because of Portuguese secrecy laws, scandalously misrepresented by like-minded souls to yourself as: we have a pact of silence ...

But as Jean-Pierre has pointed out, that law would scarcely have had teeth in a different country.

The law is enforceable in Portugal, and I certainly hope that Amaral is brought to book (as well as for patent libel) for breaching secrecy laws in writing it.

[stephen25000]

Well, certainly there was the comment of David Payne that they were unable to discuss the investigation with journalists because of Portuguese secrecy laws, scandalously misrepresented by like-minded souls to yourself as: we have a pact of silence ...

But as Jean-Pierre has pointed out, that law would scarcely have had teeth in a different country.

The law is enforceable in Portugal, and I certainly hope that Amaral is brought to book (as well as for patent libel) for breaching secrecy laws in writing it.

The 'knowledge' in the book was freely available already to the public.

Didn't you know that ?

[ferryman]

The 'knowledge' in the book was freely available already to the public.

Didn't you know that ?

We are not discussing imparting of "knowledge" (and I use the term very loosely where Amaral's book is concerned) but breach of the secrecy laws.

[faithlilly]

Well, certainly there was the comment of David Payne that they were unable to discuss the investigation with journalists because of Portuguese secrecy laws, scandalously misrepresented by like-minded souls to yourself as: we have a pact of silence ...

But as Jean-Pierre has pointed out, that law would scarcely have had teeth in a different country.

The law is enforceable in Portugal, and I certainly hope that Amaral is brought to book (as well as for patent libel) for breaching secrecy laws in writing it.

So DP would have flouted Portuguese secrecy laws if he had discussed elements of the investigation yet Tanner didn't when she did the self same thing. How does that work ?

[stephen25000]

We are not discussing imparting of "knowledge" (and I use the term very loosely where Amaral's book is concerned) but breach of the secrecy laws.

Both sides were doing it ferryman.

Pay attention.

[ferryman]

So DP would have flouted Portuguese secrecy laws if he had discussed elements of the investigation yet Tanner didn't when she did the self same thing. How does that work ?

As I understand it, technically, Jane Tanner did.

But (very properly) no one is holding her to account for it.

[Jean-Pierre]

It is interesting to observe, yet again the attacks on the Portuguese system.

The mccanns and associates leaked like a sieve. Both sides did and continue to do so.

It would be the same over here.

Some just need to get over it.

Dont be stupid Stephen. Where is anyone attacking the Portuguese system?   

[stephen25000]

Dont be stupid Stephen. Where is anyone attacking the Portuguese system?   

That in itself is a stupid comment.

You and other mccann supporters try to denigrate the PJ, Amaral and the Portuguese system, etc., at every opportunity.

[Jean-Pierre]

That in itself is a stupid comment.

You and other mccann supporters try to denigrate the PJ, Amaral and the Portuguese system, etc., at every opportunity.

The Portuguese legal system is what it is.  Like all systems it has its good points and its not so good points, but it is the way they do things.  Nobody is "attacking" it.

The PJ?  Again the PJ is a large impersonal organisation, it is what it is and is part of the state machinery which allows Portugal to function.  Individuals within the PJ and aother areas have been critisised on this forum, of course.  No individual is above critisism.

Amaral - well, what can I say.  Personally I dont think he a did a very good job as coordinator, and given he was transferred it seems that view has support in Portugal. 

Since he "retired" there has been much to denigrate.