So what now, post Supreme Court decisions?

[ferryman]

Thanks for this.

I believe I have covered this in a reply to an earlier post, but if you think not, please raise it again.  TY

I assume you are referring to this sentence from your post 576?

What Parapono has revealed, at least to me, is that the information in the criminal code aligns precisely with the two years passed on to Kate, so there was no deal.  It was a simple and accurate explanation of the law.

How does Parapono confirm there was no deal in what he s/he quotes?

[ShiningInLuz]

Is correct.

Kate's lawyer said there was a 'misunderstanding' about Philomena McCann's description of the deal put to Kate and Gerry as a 'plea-bargain', which, indeed, there was.

The (offered) deal was not a 'plea-bargain'.  But emphatically and unreservedly, a deal was offered.

If the offence was body concealment or disposal and the criminal code says 2 years, then it is no deal to say the max would be 2 years.  It is an accurate explanation of the penal code.

[ShiningInLuz]

you said...

It is my understanding that Parapono has followed the McCanns v Amaral case and is informed as to how the court will allocate costs. 


perhaps you could expalin on what basis you came to that understanding

You appear to be asking for my assistance.

I have declined exactly the same request from Alfie.

I am declining your request as well.

[Mr Gray]

20% of the amount claimed. That's Eur 240k for the first judgement, Eur 100k each for the two appeals.

so absolutely nothing to support the accuracy of this claim

[Brietta]

Kate does not use the phrase 'plea-bargain' in her book.

To the uninitiated familiar with American cop programmes when told what Kate's lawyer put to her would perhaps be understood as a 'plea-bargain'.
Why are we even doing the ground hog thing on this issue yet again?   

[Mr Gray]

You appear to be asking for my assistance.

I have declined exactly the same request from Alfie.

I am declining your request as well.

Im asking for an expalnation....you dont seem to understand the meaning of the word assistance. Without any sort of expalnation as to why you undersatnd this....your post is simply waffle

[Mr Gray]

To the uninitiated familiar with American cop programmes when told what Kate's lawyer put to her would perhaps be understood as a 'plea-bargain'.
Why are we even doing the ground hog thing on this issue yet again?   

we are doing it because sil incorrectly claims that paraponos post blows it out of the water

[ShiningInLuz]

the fact that it aligns precisely suggests to me there was a deal....unless kate had been studying the penal code...

I think her lawyer simply backtracked when the offer was made public....do you have an accurate record of what he said on the matter....I doubt it

I have already provided the relevant cites from Kate's book.

[Brietta]

so absolutely nothing to support the accuracy of this claim

 ... stated authoritatively it has to be admitted but meaningless without a source confirming its veracity.

[ferryman]

If the offence was body concealment or disposal and the criminal code says 2 years, then it is no deal to say the max would be 2 years.  It is an accurate explanation of the penal code.

The culmination of a murder enquiry was that Kate and Gerry were made arguidos, accused of murdering their eldest daughter.

They were offered the deal that Kate would receive only a few years if she confessed to finding and concealing 'a body', and Gerry would be let off scot free.

And yes, Brietta is absolutely right, the 'plea-bargain' is a feature of American law, reached after charges are brought, in which the accused pleads guilty to minor charges, for which comparatively lenient sentences will be imposed, in return for a promise that more serious charges will be dropped.

The McCanns were never charged.

And in any event, because, in Portugal, the police and the judiciary operate independently of each other, 'plea-bargains are not possible.

[Alfie]

You appear to be asking for my assistance.

I have declined exactly the same request from Alfie.

I am declining your request as well.

What you mean is - you can't answer the question without looking silly, come on - be honest now!

[Alfie]

If the offence was body concealment or disposal and the criminal code says 2 years, then it is no deal to say the max would be 2 years.  It is an accurate explanation of the penal code.

Kate was being encouraged to confess to body concealment with the enticement of only 2 years in prison for hiding a body - sounds like they were trying it on to me. 

[ShiningInLuz]

To the uninitiated familiar with American cop programmes when told what Kate's lawyer put to her would perhaps be understood as a 'plea-bargain'.
Why are we even doing the ground hog thing on this issue yet again?   

Unfortunately Alfie and Davel seem to think it important.

It is, but no-one seems to have twigged why.  By the way, Kate covers an aspect of that in her book as well, so perhaps a few people on here would do well to whip out their copy, and at least get Kate's take.

My own view of its importance is quite different, though.

[stephen25000]

Yet it is known deals aren't allowed in the Portuguese legal system.

[Mr Gray]

Unfortunately Alfie and Davel seem to think it important.

It is, but no-one seems to have twigged why.  By the way, Kate covers an aspect of that in her book as well, so perhaps a few people on here would do well to whip out their copy, and at least get Kate's take.

My own view of its importance is quite different, though.

Your memory is letting you down again
It was you who raised the matter