Does invoking the right to silence carry with it significant risk?

[Alfred R Jones]

Gerry had the same advice yet had no difficulty in answering but then as Stephen points out, Gerry was questioned first. If the deal Kate talks about in her book was put to her before the 48 questions then that would distort her ability to answer.

Please explain what you mean by "distort her ability to answer"?

[Angelo222]

Please explain what you mean by "distort her ability to answer"?

She would have realised that the PJ had formulated a theory in which she and not Gerry were public enemy #1.

She must have been totally confused and terrified at that point with visions of Gerry going home alone with the twins resounding in her head.

[Alfred R Jones]

There can only be one reason why the parent of a missing child won't answer the simplest of police questions.

26

The title of this thread does not reflect the statement in the opening post. 

[Alfred R Jones]

She would have realised that the PJ had formulated a theory in which she and not Gerry were public enemy #1.

She must have been totally confused and terrified at that point.

That's not quite how she describes it in her book.

[Angelo222]

The title of this thread does not reflect the statement in the opening post.

Yes it does and that reason is fear.

[Angelo222]

That's not quite how she describes it in her book.

Feel free to quote.

[Jean-Pierre]

Portugal is not the UK. 

In the UK, the Criminal Justice and Public Order Act (1994) has allowed a court to draw an adverse inference for exercising the right to remain silent.  This is at odds with the International Convention on Human Rights.

No such adverse inference exists in Portugal, and the penal code is quite specific in the rights granted to Arguidos.  Portugal is thus in the same position as the UK prior to 1994, and advice on remaining silence when the police are on a fishing expedition is standard advice, regardless of guilt or innocence. 

The interview and the questions were in no way related to discovering the whereablouts of Madeleine - they were clearly aimed to pin something on the McCanns.  As question 49 shows.

[Alfred R Jones]

Yes it does and that reason is fear.

Fear is not the reason you gave when I asked you before.  The reason you gave was "something to hide". 

[Alfred R Jones]

Feel free to quote.

Feel free to look it up yourself.

[stephen25000]

Portugal is not the UK. 

In the UK, the Criminal Justice and Public Order Act (1994) has allowed a court to draw an adverse inference for exercising the right to remain silent.  This is at odds with the International Convention on Human Rights.

No such adverse inference exists in Portugal, and the penal code is quite specific in the rights granted to Arguidos.  Portugal is thus in the same position as the UK prior to 1994, and advice on remaining silence when the police are on a fishing expedition is standard advice, regardless of guilt or innocence. 

The interview and the questions were in no way related to discovering the whereablouts of Madeleine - they were clearly aimed to pin something on the McCanns.  As question 49 shows.

Was gerry McCann asked the same questions ?

If he was and answered them,  what did she have to fear ?

[Angelo222]

Feel free to look it up yourself.

You made the claim so its up to you to back it up.

[Angelo222]

The interview and the questions were in no way related to discovering the whereablouts of Madeleine - they were clearly aimed to pin something on the McCanns.  As question 49 shows.

Not so.  The interview was aimed at getting to the truth.

[Alice Purjorick]

Gerry had the same advice yet had no difficulty in answering but then as Stephen points out, Gerry was questioned first.  If the deal Kate talks about in her book was put to her before the 48 questions then that would distort her ability to answer.

I still say there is one one reason why suspects invoke their right to silence while being questioned under caution and that is fear.   

Fear of the unknown.
Fear of tripping themselves up.
Fear of dropping a clanger.
Fear of digging a bigger hole than they are already in.

Me? I would go for the first one on the list. Very far reaching is that one.

[stephen25000]

Me? I would go for the first one on the list. Very far reaching is that one.

Numbers 1 and 2 have equal weighting IMO

[ShiningInLuz]

I daresay I could spend a day looking this lot up, but could someone just fill me in re the following?

Who was Kate McCann's lawyer and who was Gerry's?

Is there anything other than Kate's book that says she was advised not to answer questions?  (As opposed, for example, that she had the right not to answer questions, which is quite different.)

Is there anything concrete on the legal advice given to Gerry?

Sorry about my final request folks, but I've never had much interest in the 48 questions issue.  How many questions in total were put to Kate and how many did she answer?