I can't find a PT source for Rui Pereira's alleged comment that they should have been made arguidos for abandonment. I'm not even sure what he means... and I'm not convinced that he does either. Does he mean charged?
I can't find when he is supposed to have said said that (whether towards the beginning of the case, or whether it's a more recent comment).
In trying to check, I've just found something interesting from from an interview with him in 2013 and which may well be the source of why some people assumed that the McCanns would automatically become arguidos again when the investigation was reopened.
Rui Pereira - Despite the joy manifested by the parents of little Maddie, they should continue to be arguidos in the process, since that status remains until the end of the inquest.Hmmm. He seems to be saying that as it's an investigation into the same case that has simply come out of hibernation, the McCanns should have the same status as they had when it was shelved.
What??
They
would have become arguidos if the new lines of inquiry underlying reopening the investigation had been considered to constitute "founded suspicions" of their involvement, which wasn't the case.
I really don't get it. Their arguido status was lifted when the case got archived. It reopened due to new lines of inquiry (quite likely also involving old ones that hadn't been properly pursued), but which don't involve the McCanns.
So what exactly would be the point of automatically slapping arguido status on them again?
Is there even a precedent for this in PT?
If ever the PJ simply had outstanding questions (and assuming that it had never occurred to the Met to interview them themselves) requiring an interview that would trigger arguido status if interviewed in PT, they could arrange for them to take place in the UK with the PJ sitting in.
McCann não são suspeitos na nova investigação sobre desaparecimento da filha
RTP
24 Out, 2013, 17:27 / atualizado em 24 Out, 2013, 17:32
O Ministério Público determinou a reabertura do inquérito sobre o desaparecimento da menina inglesa. A RTP sabe que os pais de Maddie McCann não são considerados suspeitos na nova linha de investigação do caso. A decisão é uma consequência da proposta da Polícia Judiciária e da apresentação de novos indícios que justificam que a investigação prossiga.http://www.rtp.pt/noticias/mundo/mccann-nao-sao-suspeitos-na-nova-investigacao-sobre-desaparecimento-da-filha_v690593Original interview clip uploaded to CMTV on 25 October(presumably 2013)
http://cmtv.sapo.pt/opiniao/detalhe/rui-pereira-diz-que-pj-tem-novas-provas-no-caso-maddie.htmlFormer MAI Rui Pereira: 'McCanns should remain as arguidos until the end of the inquest'
Video
Transcript
News Anchor - Rui Pereira said the PJ has new evidence in the Maddie case, otherwise the process would not have been reopened. The parents aren't expected to be suspects in this new line of investigation, however the CMTV commentator stated that according to the same inquest, Gerry and Kate should remain as arguidos.
Voice Over - The reopening of the Maddie case isn't unique in Portugal, this is the practice of the Judiciary Police in processes that involve missing people, as it happened with the Rui Pedro case. There are new evidence and a renewed team on the field, without new evidence this case would never be reopened.
Cut to a debate with Carlos Anjos, President of the Committee for the Protection of Crime Victims/ former president of the Criminal Investigation Officers' Union of the PJ (ASFIC/PJ) and Rui Pereira, Former Minister of Internal Administration (MAI)/Constitutional Court judge, with a CMTV moderator.
Rui Pereira - For the process to be reopened it is mandatory that new means of evidence exist. Who is it that reopens the inquest? The Public Ministry. Obviously, the Judiciary Police has a decisive role here, it's the Judiciary Police on the field that collects the evidence and delivers it to the Public Ministry...
CMTV moderator - That then assess it.
Rui Pereira - Therefore, upon that assessment, the Public Ministry would say "Very well, here is new evidence, consequently we're going to reopen the case". That decision has to be taken by the Public Ministry.
Voice over - The McCann couple won't be identified as suspect in the new line of investigation, but Rui Pereira recalls that the ongoing inquest will be the same therefore Maddie's parents should remain as arguidos in the process.
Cut to debate that was previously broadcast by CMTV.
Rui Pereira - Despite the joy manifested by the parents of little Maddie, they should continue to be arguidos in the process, since that status remains until the end of the inquest.
Voice over - The CMTV commentator believes the inquest will now be reopened only with suspects, without the constitution of new arguidos.
Cut to debate.
Rui Pereira - There are suspects or even if they aren't identified, there are clues that could lead to suspects, but there shouldn't be, for the moment, constitution of arguidos. Now, I expect, and that is something that we all hope, that the leads are truly effective and that in the short run arguidos will be constituted.
Voice over - The reopening of the process was confirmed by the Public Ministry last Thursday after the Judiciary Police submitted new elements of evidence in the case.
CMTV, October 25, 2013
https://joana-morais.blogspot.com/2013/10/former-mai-rui-pereira-mccanns-should.html
