Author Topic: Does invoking the right to silence carry with it significant risk?  (Read 74542 times)

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Offline Jean-Pierre

Re: Does invoking the right to silence carry with it significant risk?
« Reply #60 on: May 17, 2015, 09:54:12 PM »
Not so.  The interview was aimed at getting to the truth.

Really?  Perhaps you could explain how questions 43 to 47 aimed at "getting to the truth"?

Offline Benice

Re: Does invoking the right to silence carry with it significant risk?
« Reply #61 on: May 17, 2015, 10:11:35 PM »
No Dave, it was because her lawyer thought her guilty considering all the evidence the PJ had against them.  To quote Kate again from her book...

"If  you  were  Portuguese,’  Carlos  said  with  an  air  of resignation,  ‘this  would  be  enough  to  put  you  in prison."

So there you have it, one Law for the Portuguese and another for HM citizens.


 All what evidence? 

The PJ's claim to Carlos that samples  from the apartment and the car had revealed Madeleine's blood?

The crumpled page the police had discovered in her friends bible which they appeared to think was her bible?

The fact that she had asked for a priest?  Apparently people in Portugal don't talk to priests in times of need as we do in this country, only when they want forgiveness.

A witness claimed to have seen them both carrying a big black bag and acting suspiciously?  The fact that this was untrue, and it would have been a case of one person's word against another - apparently didn't matter.
---------------------

The above is the 'evidence Carlos was referring to  when he said it was enough to put them in prison!

All I can say is if that's what they consider to be 'evidence' sufficient to put someone in prison in Portugal - then I'm gobsmacked.

I'm surprised that list of 'evidence'  didn't include Amarals belief that saying...  'we've let someone down'.. is another way for UK doctors to say someone has died -  IIRC.

Not only did they have an arguido suspected of being implicated in torture as lead investigator  - as well as the language barrier to contend with - and being subjected to a vicious campaign via the press -  they also had the differences in our cultures actually being used as evidence against them.

Unbelievable ignorance and incompetence IMO.     No wonder the McCanns despaired at that moment.

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 Jean-Pierre

Re: Does invoking the right to silence carry with it significant risk?
« Reply #62 on: May 17, 2015, 10:24:58 PM »
This is a good example as to why it is a very good idea to remain silent.

The PJ made a number of false claims, presumably in a very clumsy attempt to elicit a confession. Or enter into a form of plea bargain as noted above.

However, silence means that they have to either put up or shut up - if they do not actually have the evidence claimed then what can they do?

Angelo - in your assertion that silence = guilt you are being either naïve or disingenuous.

 

Offline Mr Gray

Re: Does invoking the right to silence carry with it significant risk?
« Reply #63 on: May 17, 2015, 10:28:10 PM »
No Dave, it was because her lawyer thought her guilty considering all the evidence the PJ had against them.  To quote Kate again from her book...

"If  you  were  Portuguese,’  Carlos  said  with  an  air  of resignation,  ‘this  would  be  enough  to  put  you  in prison."

So there you have it, one Law for the Portuguese and another for HM citizens.

it didn't say that in the book

Offline Jean-Pierre

Re: Does invoking the right to silence carry with it significant risk?
« Reply #64 on: May 17, 2015, 10:34:17 PM »
No Dave, it was because her lawyer thought her guilty considering all the evidence the PJ had against them.  To quote Kate again from her book...

"If  you  were  Portuguese,’  Carlos  said  with  an  air  of resignation,  ‘this  would  be  enough  to  put  you  in prison."

So there you have it, one Law for the Portuguese and another for HM citizens.

So are you suggesting that Portugal is a police state, Angelo?  Where a person can be put in prison on the uncorroborated word of a policeman?  Extraordinary insult to the Portuguese. 

This is something that happened back in the Salazar days. 
« Last Edit: May 17, 2015, 10:55:14 PM by Jean-Pierre »

Offline Angelo222

Re: Does invoking the right to silence carry with it significant risk?
« Reply #65 on: May 17, 2015, 10:52:11 PM »
it didn't say that in the book

 Maybe your version has a wonky translation?   @)(++(*
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline Miss Taken Identity

Re: Does invoking the right to silence carry with it significant risk?
« Reply #66 on: May 17, 2015, 11:25:51 PM »
Kate and Gerry being NHS doctors would have had extensive training in looking for signs of child abuse, and the stats regarding that-  is prevalent in families. I am not just talking physical and sexual but also mental abuse. They would know that the family are the first to be investigated, so lets not come across as being silly about dem bad ole Portuguese police.

If they were innocent they would have had nothing to fear, yes feel uncomfortable about their reputations and what people were saying about them, but they would have had nothing to fear as far as being charged and imprisoned was concerned.

Their version of accounts did seem to  match and are quite easy to pull apart with scrutiny, they were arrogant to think they would not be called to question.

The last question 48... Well that says it all really.
'Never underestimate the power of stupid people'... George Carlin

Offline Angelo222

Re: Does invoking the right to silence carry with it significant risk?
« Reply #67 on: May 18, 2015, 08:42:52 AM »
Kate and Gerry being NHS doctors would have had extensive training in looking for signs of child abuse, and the stats regarding that-  is prevalent in families. I am not just talking physical and sexual but also mental abuse. They would know that the family are the first to be investigated, so lets not come across as being silly about dem bad ole Portuguese police.

If they were innocent they would have had nothing to fear, yes feel uncomfortable about their reputations and what people were saying about them, but they would have had nothing to fear as far as being charged and imprisoned was concerned.

Their version of accounts did seem to  match and are quite easy to pull apart with scrutiny, they were arrogant to think they would not be called to question.

The last question 48... Well that says it all really.

Nicely put MTI.  Kate didn't fully trust her lawyer Carlos as she herself admits that he was unconvinced by their plight.  The lawyers secretary Sofia even had to reassure Kate that it would be alright and to stick with Carlos.

Kate wasn't to know then that her every response would later be reported in its entirety in the PJ files.

The right to silence is a right which should not be invoked lightly.  Forthright answering of all police questions is always the best course in such circumstances.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline Jean-Pierre

Re: Does invoking the right to silence carry with it significant risk?
« Reply #68 on: May 18, 2015, 09:34:42 AM »
Nicely put MTI.  Kate didn't fully trust her lawyer Carlos as she herself admits that he was unconvinced by their plight.  The lawyers secretary Sofia even had to reassure Kate that it would be alright and to stick with Carlos.

Kate wasn't to know then that her every response would later be reported in its entirety in the PJ files.

The right to silence is a right which should not be invoked lightly.  Forthright answering of all police questions is always the best course in such circumstances.

How many police interviews have you been involved in Angelo?

Offline Benice

Re: Does invoking the right to silence carry with it significant risk?
« Reply #69 on: May 18, 2015, 09:39:21 AM »
Nicely put MTI.  Kate didn't fully trust her lawyer Carlos as she herself admits that he was unconvinced by their plight.  The lawyers secretary Sofia even had to reassure Kate that it would be alright and to stick with Carlos.

Kate wasn't to know then that her every response would later be reported in its entirety in the PJ files.

The right to silence is a right which should not be invoked lightly.  Forthright answering of all police questions is always the best course in such circumstances.

So if you knew attempts to frame you for a crime you didn't commit were being made by the police - would you do everything in your power to help them to fit you up?    Why would any sane person want to do that?

It's not as if we are talking about decent professional policemen here as both Amaral and his No.2 Tavares turned out to be 'bent cops' who were quite happy to abuse their positions to get a result.    So who knows what would have happened to Kate if she had answered the questions.

You appear to think she should have put her trust in these policemen who she knew were trying to frame her.   Why on earth would you think that?    It makes no sense imo.

 

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 Angelo222

Re: Does invoking the right to silence carry with it significant risk?
« Reply #70 on: May 18, 2015, 09:42:54 AM »
How many police interviews have you been involved in Angelo?

You don't have to jump off a cliff to know that to do so would be fatal.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline Angelo222

Re: Does invoking the right to silence carry with it significant risk?
« Reply #71 on: May 18, 2015, 09:48:00 AM »
So if you knew attempts to frame you for a crime you didn't commit were being made by the police - would you do everything in your power to help them to fit you up?    Why would any sane person want to do that?

It's not as if we are talking about decent professional policemen here as both Amaral and his No.2 Tavares turned out to be 'bent cops' who were quite happy to abuse their positions to get a result.    So who knows what would have happened to Kate if she had answered the questions.

You appear to think she should have put her trust in these policemen who she knew were trying to frame her.   Why on earth would you think that?    It makes no sense imo.


Amaral had an exemplary record as a law enforcer up until his involvement with the McCanns.  As for bent cop, I don't believe the crime of altering a police duty proforma somehow reaches the dizzy heights of corruption you infer.

And yes, they should both have cooperated fully and encouraged their pals to do the same.

I blame their lawyer for putting the fear of God in them.  Carlos was involved in a prolonged discussion with the PJ lasting over two hours while Kate sweated it out in the interview room.  That was out of order imo.  It was Carlos who later put the deal to Kate about confessing...wtf was he on?
« Last Edit: May 18, 2015, 09:53:37 AM by Angelo222 »
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Online Eleanor

Re: Does invoking the right to silence carry with it significant risk?
« Reply #72 on: May 18, 2015, 09:58:02 AM »
Amaral had an exemplary record as a law enforcer up until his involvement with the McCanns.  As for bent cop, I don't believe the crime of altering a police duty proforma somehow reaches the dizzy heights of corruption you infer.

And yes, they should both have cooperated fully and encouraged their pals to do the same.

I blame their lawyer for putting the fear of God in them.  Carlos was involved in a prolonged discussion with the PJ lasting over two hours while Kate sweated it out in the interview room.  That was out of order imo.  It was Carlos who later put the deal to Kate about confessing...wtf was he on?

Is this true about Carlos?  If so, I am deeply shocked.

Offline Jean-Pierre

Re: Does invoking the right to silence carry with it significant risk?
« Reply #73 on: May 18, 2015, 10:01:31 AM »
You don't have to jump off a cliff to know that to do so would be fatal.

Do  take it from your response that your knowledge of the subject is purely theoretical?

The Portuguese police were clearly on a very inept fishing expedition, and had sod all to do with fining Madeleine.  As they were lying about the evidence they claimed to have, so "no comment" was the most appropriate response.  Having made certain claims they were then in a position of having to follow through - which they clearly could not.

Kate's lawyer was in my opinion a bit naïve in accepting the PJ "evidence" at face value.
« Last Edit: May 18, 2015, 10:06:11 AM by Eleanor »

Offline Angelo222

Re: Does invoking the right to silence carry with it significant risk?
« Reply #74 on: May 18, 2015, 10:05:54 AM »
Is this true about Carlos?  If so, I am deeply shocked.

According to Kates book its what happened.

ps the book is in mods library
« Last Edit: May 18, 2015, 10:09:20 AM by Angelo222 »
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!