Author Topic: Portuguese judicial secrecy laws explained.  (Read 20931 times)

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Offline Alice Purjorick

Re: Portuguese judicial secrecy laws explained.
« Reply #75 on: December 22, 2014, 07:28:26 PM »
So are you saying that The Investigating Judge was leaking lies?

I doubt it.
I thought I had made my point quite clearly. Obviously I didn't; never mind eh?
"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

Re: Portuguese judicial secrecy laws explained.
« Reply #76 on: December 22, 2014, 08:32:53 PM »
I doubt it.
I thought I had made my point quite clearly. Obviously I didn't; never mind eh?

I don't think your point was well made at all bearing in mind the quantity and quality of the information leaked.

I've read your post very carefully, you have said that the Criminal Investigation Judge may authorise releases of information to the press. You give no example despite opining that some leaks may therefore be official and 'within the law'.
The majority of the 'leaks' with which I am familiar were downright lies ... therefore there is an implication there.

Simples ... I think, to determine what is a 'leak' and what is a 'bona fide press release', the latter of which are usually on headed paper and signed by the official responsible (press officer, mibbee?) and the former just 'blow out of windows' in the very windy Algarve.

If you cannot provide a record of authorised information re Madeleine's case released by a judge ... I think it would be safer for you just to state that there is a provision for it in Portuguese law ... and not imply the easing of strictures applied where they obviously were not.
"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 Alice Purjorick

Re: Portuguese judicial secrecy laws explained.
« Reply #77 on: December 22, 2014, 09:35:52 PM »
I don't think your point was well made at all bearing in mind the quantity and quality of the information leaked.

I've read your post very carefully, you have said that the Criminal Investigation Judge may authorise releases of information to the press. You give no example despite opining that some leaks may therefore be official and 'within the law'.
The majority of the 'leaks' with which I am familiar were downright lies ... therefore there is an implication there.

Simples ... I think, to determine what is a 'leak' and what is a 'bona fide press release', the latter of which are usually on headed paper and signed by the official responsible (press officer, mibbee?) and the former just 'blow out of windows' in the very windy Algarve.

If you cannot provide a record of authorised information re Madeleine's case released by a judge ... I think it would be safer for you just to state that there is a provision for it in Portuguese law ... and not imply the easing of strictures applied where they obviously were not.

I think my dear you have just quite adequately made my point for me.
Perhaps you will be kind enough to enumerate all the lies which you "know" the PJ have spread.



"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

Re: Portuguese judicial secrecy laws explained.
« Reply #78 on: December 22, 2014, 09:49:41 PM »
I think my dear you have just quite adequately made my point for me.
Perhaps you will be kind enough to enumerate all the lies which you "know" the PJ have spread.

Glad I was able to help out in making your point for you ... you should give it a shot yourself ... it will save others the trouble of interpretation.

You first ... legal, official releases.  Should be a dawdle that one ... me, I would have to trawl through thousands of newspaper headlines all of which emanated from the Portuguese press and all those sauces close to the investigation.
"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 Jean-Pierre

Re: Portuguese judicial secrecy laws explained.
« Reply #79 on: December 22, 2014, 10:04:53 PM »
Perhaps, as an example, September 2007:

"But a source close to the Portuguese investigation said that the prevailing mood among detectives was that: "The parents have a lot of explaining to do."

The source claimed that two DNA samples found in the McCanns' hire car - one apparently a full match to Madeleine and one partial - were of a type that suggested they had come directly from her body, rather than from clothes she had worn."

(clipped from telegraph article).

If this was an "official" press release, well, words fail me.

ferryman

  • Guest
Re: Portuguese judicial secrecy laws explained.
« Reply #80 on: December 22, 2014, 10:12:08 PM »
Perhaps, as an example, September 2007:

"But a source close to the Portuguese investigation said that the prevailing mood among detectives was that: "The parents have a lot of explaining to do."

The source claimed that two DNA samples found in the McCanns' hire car - one apparently a full match to Madeleine and one partial - were of a type that suggested they had come directly from her body, rather than from clothes she had worn."

(clipped from telegraph article).

If this was an "official" press release, well, words fail me.

Bad, but pales into insignificance by comparison with Gerry not Madeleine's father ...

Offline Alice Purjorick

Re: Portuguese judicial secrecy laws explained.
« Reply #81 on: December 22, 2014, 10:18:54 PM »
Glad I was able to help out in making your point for you ... you should give it a shot yourself ... it will save others the trouble of interpretation.

You first ... legal, official releases.  Should be a dawdle that one ... me, I would have to trawl through thousands of newspaper headlines all of which emanated from the Portuguese press and all those sauces close to the investigation.

After you my dear; you stated you knew. I merely put forward a postulation.
Now if you really are as bright as you keep telling this forum you are, working it out should not be beyond your capabilities.
"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

Re: Portuguese judicial secrecy laws explained.
« Reply #82 on: December 22, 2014, 10:25:59 PM »
After you my dear; you stated you knew. I merely put forward a postulation.
Now if you really are as bright as you keep telling this forum you are, working it out should not be beyond your capabilities.

Gawd!!! ... hope your postulation isn't too painful.  Just before Christmas too ... will it leave a scar?
"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 Benice

Re: Portuguese judicial secrecy laws explained.
« Reply #83 on: December 23, 2014, 08:53:03 AM »
I'm actually more curious as to whether there was an internal inquiry into unauthorised PJ leaks.  &%+((£

Me too.  Wasn't it a PT judge who ordered that Kate's diary should not be released to the public but someone went ahead and did it anyway?  That could only have been by someone at the police station.   You would think  that one action alone  would have resulted in an internal enquiry.     IIRC Lord Leveson took particular interest in the circumstances surrounding the release of the diary - and was going to make further enquiries himself.    (all from memory so am happy to be corrected if necessary).   
The notion that innocence prevails over guilt – when there is no evidence to the contrary – is what separates civilization from barbarism.    Unfortunately, there are remains of barbarism among us.    Until very recently, it headed the PJ in Portimão. I hope he was the last one.
                                               Henrique Monteiro, chief editor, Expresso, Portugal

Offline Carana

Re: Portuguese judicial secrecy laws explained.
« Reply #84 on: December 23, 2014, 09:44:35 AM »
Me too.  Wasn't it a PT judge who ordered that Kate's diary should not be released to the public but someone went ahead and did it anyway?  That could only have been by someone at the police station.   You would think  that one action alone  would have resulted in an internal enquiry.     IIRC Lord Leveson took particular interest in the circumstances surrounding the release of the diary - and was going to make further enquiries himself.    (all from memory so am happy to be corrected if necessary).   

Actually, snippets deemed to cast a negative light on Kate found their way into the PT tabloid all-out media blitz of selected leaks that started as soon as the McCanns left Portugal mid-September 2007.

At the end of the investigation, the judge ordered the copy of the diary to be destroyed (26 June 08), but clearly at least one copy had found its way to a PT media outlet, as more extracts were published by CdaM in July 2008 and a copy was obtained for NOTW.

https://madeleinemccannthetruth.wordpress.com/2011/11/16/leveson-inquiry-kate-mccanns-diary/



Offline Carana

Re: Portuguese judicial secrecy laws explained.
« Reply #85 on: December 23, 2014, 09:49:50 AM »

 4692 to 4706 - Letter to the Tribunal from lawyers acting for ACPO

The requesting entities recognise that part of the material provided by them was in the sequence of the Letters of Request. The requesting entities have always understood that this material would be part of the current process files. However, a large part of the information was provided in an informal manner, expedited spontaneously, so as to guarantee the speed and efficiency of the investigations, namely those covered by International and Community Rights applicable to legal and police cooperation.

However, the requesting entities have learned that a decision was taken with relation to the state of the investigations, notice of its archiving having been given, in accordance with the public announcement of 21st July 2008.

In addition, the requesting entities have noticed that numerous elements from the process have been published during the last weeks in the Portuguese press. Indeed, since the 22nd July 2008 the final report of the PJ has already been circulating on the Internet.
But in some of the press is clear with respect to its intentions with relation to this process, as can be read, for example, in the editorial note on page 5 of the edition of the 22nd July 2008 of Correo da Manha: "The essence lies with the child who remains missing and for this reason the newspaper is not going to stop searching or questioning all the versions of all the protagonists, whatever inconveniences this may cause. The public interest lies here and not in the judicial secrecy." (our highlighting)

http://www.mccannpjfiles.co.uk/PJ/LAWYERS_UK_POLICE.htm
« Last Edit: December 28, 2014, 03:42:52 AM by John »