Author Topic: Supreme Court rules against the McCanns in damages case.  (Read 270239 times)

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stephen25000

  • Guest
Re: Supreme Court rules against the McCanns in damages case.
« Reply #1890 on: February 19, 2017, 08:13:21 PM »
The children's claims were dismissed by the first judge;

VIII. Fully dismiss the requests made in the attached action by the claimants  MADELEINE MCCANN, SEAN MICHAEL MCCANN and AMELIE EVE MCCANN.
http://miscarriageofjustice.co/index.php?topic=6307.0

Those are the facts, upon which an opinion can be based that the children were not involved from 27th April 2015.
Which facts are your opinion based on?

Precisely.

Well said.

« Last Edit: April 30, 2017, 02:51:29 PM by John »

Alfie

  • Guest
Re: Supreme Court rules against the McCanns in damages case.
« Reply #1891 on: February 20, 2017, 04:26:59 AM »
The forum's analysis seems to consist of people accusing the judges of being biased and of plotting to make the McCann family suffer. People then accuse the judges of saying things they didn't say to 'prove' it. They provide no cites to support their accusations and ignore those who do provide cites showing what the judges actually said and why.
The SC judges expressed serious concerns about the abduction theory - can you please explain why?

Offline G-Unit

Re: Supreme Court rules against the McCanns in damages case.
« Reply #1892 on: February 20, 2017, 08:36:09 AM »
The SC judges expressed serious concerns about the abduction theory - can you please explain why?

If you care to provide the quote, in context, I will offer an opinion.
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Alfie

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Re: Supreme Court rules against the McCanns in damages case.
« Reply #1893 on: February 20, 2017, 09:47:45 AM »
If you care to provide the quote, in context, I will offer an opinion.
can't cut and paste at the moment, sorry, I'm sure someone else will oblige.

Alfie

  • Guest
Re: Supreme Court rules against the McCanns in damages case.
« Reply #1894 on: February 20, 2017, 09:57:28 AM »
pg 66 of the judgement refers to serious concerns about the abduction theory and more or less blames the McCanns for these because they did not occur the reconstitution which a) they didn't refuse to attend and b) would have not helped in any way whatsoever to advance the investigation into an abduction.

Offline Robittybob1

Re: Supreme Court rules against the McCanns in damages case.
« Reply #1895 on: February 20, 2017, 10:42:33 AM »
pg 66 of the judgement refers to serious concerns about the abduction theory and more or less blames the McCanns for these because they did not occur the reconstitution which a) they didn't refuse to attend and b) would have not helped in any way whatsoever to advance the investigation into an abduction.
Which bit did you want?
"Page 66
… the indications and means of proof hitherto collected in it, and the inquiries that had hitherto been carried out.

That is why it is not surprising that the facts related to that investigation that the respondent refers to in the book, in the interview and in the documentary, are mostly facts that occurred and were documented in this investigation (n°80 of the proven facts).

It should be noted that the understanding defended by the respondent was, also, in almost coincident terms, shared by chief inspector Tavares de Almeida, who wrote the report addressed to the Public Ministry and dated 10/9/7 (n° 9 of the proven facts).

It has to be reckoned yet that the Public Ministry by promoting by the Instruction Judge the obtention of traffic data., alluded to their need for the investigation of the crimes of kidnapping, homicide, exposure or abandonment and concealment of a corpse, the sought to be obtained data were besides connected to the appellants and included not only the date of the facts but also the period they were in Portugal (n°10 of the proven facts).

These data were collected by the Instruction Judge (n° 11 of the proved fact).

Which means that the thesis profiled by the respondent, at a certain time, These data were collected by the Investigating Judge (point I I of the facts provided).

Which means that the thesis profiled by the course, at a certain time, deserved being hosted by the entity constitutionally in charge of the exercise of the penal action.

By the way. The defendants constituted as defendants in the criminal investigation (point S of the evidence).
This implies that they have been alleged to have committed crimes or crimes (cf.host by the entity constitutionally in charge of the exercise of the action

As a matter of fact, the appellants were constituted arguidos (formal suspects) in the same criminal investigation (n°8 of the proven facts).

This implies that emerged a well-founded suspicion they had committed crime or crimes (cf. art. 58° and 59° of the CPP).

It is true that the criminal investigation was eventually closed, in particular because none of the indications which led to the constitution of the appellants as arguidos was subsequently confirmed or consolidated (n°15 of the proven facts).

However, even in the filing order serious reservations are raised as to the likelihood of the allegation that Madeleine had been abducted. Taking into account the doubts raised by the Jane Tanner/Kate McCann version.

Those doubts that the investigation intended to see clarified by the reconstitution of the events mentioned in the closing dispatch, an initiative however that was made unfeasible by the witnesses' failure to appear after being summoned to."
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Offline G-Unit

Re: Supreme Court rules against the McCanns in damages case.
« Reply #1896 on: February 20, 2017, 10:52:53 AM »
pg 66 of the judgement refers to serious concerns about the abduction theory and more or less blames the McCanns for these because they did not occur the reconstitution which a) they didn't refuse to attend and b) would have not helped in any way whatsoever to advance the investigation into an abduction.

You will note that the judges refer to the 'witnesses' failure to appear, not the McCann's. Below are some of the concerns with the abduction theory which the reconstitution may have clarified.

Page 66

However, even in the filing order serious reservations are raised as to the likelihood of the allegation that Madeleine had been abducted. Taking into account the doubts raised by the Jane Tanner/Kate McCann version.

Those doubts that the investigation intended to see clarified by the reconstitution of the events mentioned in the closing dispatch, an initiative however that was made unfeasible by the witnesses' failure to appear after being summoned to.


From the analysis of the total of depositions that were made, the existence of important details that were not fully understood and integrated became evident;..... it was decided to carry out the "reconstitution of the fact", a diligence that is consecrated in article 150 of the Penal Process Code in the sense of duly clarifying, on the very location of the facts , the following very important details, among others:

The physical, real and effective proximity between Jane Tanner, Gerald McCann and Jeremy Wilkins, at the moment when the first person walked by them, and which coincided with the sighting of the supposed suspect, carrying a child. It results, in our perspective, strange that neither Gerald McCann nor Jeremy Wilkins saw her, or the alleged abductor, despite the exiguity of the space and the peacefulness of the area;

2 - The situation concerning the window to the bedroom where Madeleine slept, together with the twins, which was open, according to Kate. It seemed then necessary to clarify if there was a draught, since movement of the curtains and pressure under the bedroom door are mentioned, which, eventually, could be verified through the reconstitution;.....

 and the appearance of the witnesses was requested, inviting them to be present.............Nevertheless, despite national authorities assuming all measures to render their trip to Portugal viable, for unknown motives, after the many doubts that they raised about the necessity and opportunity of their trip were clarified several times, they chose not to attend, which rendered the diligence inviable.
http://www.mccannpjfiles.co.uk/PJ/LEGAL_SUMMARY.htm


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Offline Robittybob1

Re: Supreme Court rules against the McCanns in damages case.
« Reply #1897 on: February 20, 2017, 04:31:08 PM »
You will note that the judges refer to the 'witnesses' failure to appear, not the McCann's. Below are some of the concerns with the abduction theory which the reconstitution may have clarified.

Page 66

However, even in the filing order serious reservations are raised as to the likelihood of the allegation that Madeleine had been abducted. Taking into account the doubts raised by the Jane Tanner/Kate McCann version.

Those doubts that the investigation intended to see clarified by the reconstitution of the events mentioned in the closing dispatch, an initiative however that was made unfeasible by the witnesses' failure to appear after being summoned to.


From the analysis of the total of depositions that were made, the existence of important details that were not fully understood and integrated became evident;..... it was decided to carry out the "reconstitution of the fact", a diligence that is consecrated in article 150 of the Penal Process Code in the sense of duly clarifying, on the very location of the facts , the following very important details, among others:

The physical, real and effective proximity between Jane Tanner, Gerald McCann and Jeremy Wilkins, at the moment when the first person walked by them, and which coincided with the sighting of the supposed suspect, carrying a child. It results, in our perspective, strange that neither Gerald McCann nor Jeremy Wilkins saw her, or the alleged abductor, despite the exiguity of the space and the peacefulness of the area;

2 - The situation concerning the window to the bedroom where Madeleine slept, together with the twins, which was open, according to Kate. It seemed then necessary to clarify if there was a draught, since movement of the curtains and pressure under the bedroom door are mentioned, which, eventually, could be verified through the reconstitution;.....

 and the appearance of the witnesses was requested, inviting them to be present.............Nevertheless, despite national authorities assuming all measures to render their trip to Portugal viable, for unknown motives, after the many doubts that they raised about the necessity and opportunity of their trip were clarified several times, they chose not to attend, which rendered the diligence inviable.
http://www.mccannpjfiles.co.uk/PJ/LEGAL_SUMMARY.htm
Did the McCanns refuse to attend?  If they didn't why are they being blamed for the failure of the reconstruction to eventuate? 
« Last Edit: February 20, 2017, 04:33:21 PM by Robittybob1 »
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Offline slartibartfast

Re: Supreme Court rules against the McCanns in damages case.
« Reply #1898 on: February 20, 2017, 05:09:03 PM »
Did the McCanns refuse to attend?  If they didn't why are they being blamed for the failure of the reconstruction to eventuate?

Do you ascribe to the view that if the McCanns had said look T7 we need to do this reconstitution to help find Maddie, the T7 would have said, sorry McCanns it's not convenient?
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

Offline G-Unit

Re: Supreme Court rules against the McCanns in damages case.
« Reply #1899 on: February 20, 2017, 05:15:40 PM »
Did the McCanns refuse to attend?  If they didn't why are they being blamed for the failure of the reconstruction to eventuate?

No they didn't, and no-one blamed them, despite what Alfie said. If you read the cites, both the Legal summary and the Supreme Court judges say it was the witnesses who wouldn't do it, not the McCanns.
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ferryman

  • Guest
Re: Supreme Court rules against the McCanns in damages case.
« Reply #1900 on: February 20, 2017, 05:16:05 PM »
There isn't a 'view', just an irrefutable fact.

There was never the slightest chance of a reconstruction contributing anything to the quest for truth about what happened to Madeleine.

stephen25000

  • Guest
Re: Supreme Court rules against the McCanns in damages case.
« Reply #1901 on: February 20, 2017, 05:18:02 PM »
There isn't a 'view', just an irrefutable fact.

There was never the slightest chance of a reconstruction contributing anything to the quest for truth about what happened to Madeleine.

On what basis do you base that judgement ?

Offline barrier

Re: Supreme Court rules against the McCanns in damages case.
« Reply #1902 on: February 20, 2017, 06:11:11 PM »
There isn't a 'view', just an irrefutable fact.

There was never the slightest chance of a reconstruction contributing anything to the quest for truth about what happened to Madeleine.

Just seen this elsewhere,some one thought it had legs.

http://www.express.co.uk/news/uk/439464/Portuguese-police-held-their-own-Madeleine-McCann-reconstruction
This is my own private domicile and I shall not be harassed, biatch:Jesse Pinkman Character.

Offline jassi

Re: Supreme Court rules against the McCanns in damages case.
« Reply #1903 on: February 20, 2017, 06:16:07 PM »
Just seen this elsewhere,some one thought it had legs.

http://www.express.co.uk/news/uk/439464/Portuguese-police-held-their-own-Madeleine-McCann-reconstruction

I wonder if they managed to make any sense of it all? @)(++(*
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline jassi

Re: Supreme Court rules against the McCanns in damages case.
« Reply #1904 on: February 20, 2017, 06:47:56 PM »
At the end of the above article there is mention of McCanns wanting to be 'assistants'. Did that ever happen?
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future