Have we learnt anything from the Maddie case?

[Carana]

I would not rule out either possibility until I had gone through each item carefully to knock it on the head one way or another. Just as I would not assume it was all malice aforethought part of some larger cosmic plot.
The making it up as you go along behaviour is not restricted to tabloids either. UK broadsheets have been known to print complete blx masquerading as "investigative journalism".

True.

David Rose is well-respected though.

The claims about the diary's contents were first published on Thursday by Jose Manuel Ribeiro *, crime correspondent for the Lisbon daily Diario de Noticias.

By chance I ran into him that same afternoon, outside the apartment where Madeleine disappeared.

I congratulated him on his scoop, but he shook his head, disconsolate. Already, he complained, it was turning to dust.

Ribeiro said he had been given the story by an impeccable inside source, but already officials in Lisbon were denying it, and the source himself could no longer assure him it was true.

"Why is bad information getting out to the public?" he asked. "Because we're being given it."

Read more: http://www.dailymail.co.uk/news/article-482007/Lies-beatings-secret-trials-dark-police-handling-Madeleine-case.html#ixzz52ykvcRce
Follow us: @MailOnline on Twitter | DailyMail on Facebook


Seems to be this

Diario de Noticias 13.9.07*

PJ traces profile of Kate from her diary

Kate McCann's diary, which was apprehended in early August by Policia Judiciaria in the Vista Mar villa at Praia da Luz, close to Lagos, and which was rented by Madeleine's parents, will not be very useful to the investigation at the moment. It was one of the clues that were used by police in order to help the investigators to trace the "psychological profile" of the English child's mother, namely in terms of her relationship with her children, her husband and other family members, besides friends. And the level of disturbance she felt over her daughter's disappearance.

As DN could find out, PJ has photocopied several pages of that diary when it was apprehended, at the time of Kate's depositions. Those photocopies are in possession of the criminal instruction judge at the Judicial Court in Portimao, so the apprehension is validated. This has to happen because the diary is, just like any private correspondence, considered to be a document which is part of the "intimacy and privacy" of a person.

As DN could establish, the investigation will also focus on the McCanns' car: there will be even more detailed forensic investigation, and probably its interior will be taken apart. But these diligences can only take place after the total analyses arrive, which, according to sources that are connected to the process, has not happened yet.

Policia Judiciaria (PJ) awaits the emission of judicial warrants in order to perform new diligences that will focus on the discovery of the cadaver. The area close to the church of Nossa Senhora da Luz is one of the targets that has already been marked by the investigators.

(...)
http://themaddiecasefiles.com/pj-traces-profile-of-kate-from-her-diary-dn-13-9-0-t2015.html

* Published 13 DE SETEMBRO DE 2007
00:00

JOSÉ MANUEL OLIVEIRA
https://www.dn.pt/arquivo/2007/interior/pj-traca-perfil-de-kate-com-o-diario-984870.html


Followed presumably by this CdaM piece:

Correio da Manha 13.9.07

Diary: PJ wants to add it to the process
Kate calls her children hysterical in the diary

Kate's diary is fundamental for the investigators of the Policia Judiciaria, who found it open in the villa that was rented by the McCanns after the disappearance of Madeleine from the Ocean Club.

The diary was not apprehended because it is included, in juridical terms, within the sphere of private correspondence, but it was analysed by police investigators. As it cannot be valued as evidence, PJ's members asked the lawyer of the Ministerio Publico to ask for its formal apprehension. This has to be done by the instruction judge, in a separate order, so it cannot be rendered invalid later.

CM could further determine that the importance of the diary is considered to be high. In it, Kate reveals traces of her personality. She often complains that her children are "hysterical" and she talks about Madeleine as a child whose excessive activity consumes her strength. She also says that Gerry doesn't help her with family chores, and that it is on her that the obligation to take care of the small ones falls. CM also knows that Kate reveals details of May 3. She confesses to no crime, but she describes the hours before Maddie disappeared.

Yesterday, an English newspaper also said that the PJ also wants to apprehend Gerry's personal computer. The purpose would be to access his mailbox, a diligence that was never performed because it is only now that the parents became formal suspects.

Tests have not arrived yet

The biological tests that are being performed in the Birmingham Lab have not arrived yet. What is missing is the confirmation of the genetical profiles that were collected in the apartment where the child disappeared from, which, if from Madeleine, come to reinforce the theory of death and concealment of a body.

While the instruction judge does not speak about the requests that were made by PJ, authorities continue to work on the case. The diligences are less visible now, but searches in areas which do not require a judicial mandate are not completely excluded.
http://themaddiecasefiles.com/kate-calls-her-children-hysterical-in-the-diary-cd-t2017.html



* Correction. The DN article I found is bylined by Oliveira, not Ribeiro as mentioned in D Rose's article. Hmm. Will have another look.

The point still stands re the media blitz on 13 Sept, though.

[Carana]

And this...

Lowe wrote the full report on 6 Sept. Unless it was sent be second-class snail mail to LP who then snail-mailed it to PT, as opposed to faxing it, I don't see how the PJ wouldn't have had it by 13 Sept (the date of the article).

It's possible that they didn't get it for arguido day, but then what did they wave as "evidence"? Lowe's e-mail?

Could these details, even if some are inaccurate, have not come from a PJ-related source?

Jornal de Noticias 13.9.07

English lab delays analyses of residues from apartment

Policia Judiciaria still waits for the results from tests on the samples of bilogical residues that were collected in the Ocean Club apartment where the McCann family was staying. This information, which was not yet delivered by the Birmingham lab, in England, is crucial in order to decide the following steps in the investigation, and to start new interrogations of Kate and Gerry McCann, as well as an eventual increase in the coercion measures, depending on whether it is Maddie's blood or not.

Until now, the PJ has only received the results of the DNA research that concern the residues that were found in the boot of the Renault Scenic that was rented by the couple several days after Madeleine's disappearance. And those analyses indicated a compatibility level of 80% with the genetic profile of the English girl - other results that were received were inconclusive.

But when confronted with this and other data during their interrogations as arguidos, Maddie's parents remained silent. It is still to be known whether they will maintain the same stance if the samples that were collected from a wall and a curtain in the apartment - the location where one of the English dogs marked the presence of cadaver odor - are compatible with their daughter's genetic profile.

News that were published in England yesterday reported that the McCann couple will ask for new forensic testing on the rental car in which the English dogs signalled cadaver odor in the boot and found biological residues of the girl.

Validated apprehension

While this waiting moment passes, as JN reported yesterday, a criminal instruction judge was asked to validate the apprehension of an agenda that belongs to Kate McCann, which can also be seen as a "diary". PJ wants to further investigate the habits of Madeleine's mother through that and other documents. The same magistrate will also pronounce himself about the request for assistant status, that was made by the couple, and should deny it.

On the other hand, the Ministerio Publico is analysing what diligences are justified at this point in the investigation. One of them, as has been reported previously, is related to the questioning of relatives and friends of the McCanns, through a request letter to England. The attorney who is in charge of the case will also decide whether it is justified to search further locations where the eventual body of the child could have passed through.


English couple defies Portuguese police

Kate and Gerry McCann sent a message to Policia Judiciaria yesterday, defying the inspectors to find Madeleine's body in order to prove the couple's involvement. According to English newspaper 'Daily Mail', the lawyers for Madeleine's parents said that without a body, it will be extremely difficult to prove the involvement in the alleged death of the 4-year-old child.

(...)
http://themaddiecasefiles.com/english-lab-delays-analyses-of-residues-13-9-07-t2016.html

[Robittybob1]

And this...

....snip .....  This information, which was not yet delivered by the Birmingham lab, in England, is crucial in order to decide the following steps in the investigation, and to start new interrogations of Kate and Gerry McCann, as well as an eventual increase in the coercion measures, depending on whether it is Maddie's blood or not.

.... snip ....

Increased coercion measures -  I don't like the sound of that!

[Benice]

They were wrong to say it was unlikely and several very senior former British detectives agree with you.  An almost 4-year-old child is very capable of opening a door and walking out and anyone who says otherwise is deluding themself.

In fact, the only real and tangible evidence there exists in the case is the two independent trails recorded by the GNR tracker dogs just hours after Madeleine disappeared.  Trails which strongly suggest the child walked out the front door, around block 5 and back to mini reception where she crossed the road before the trail ended abruptly. This in itself is very strong evidence that a barefooted child walked out of that apartment and was lifted by someone directly opposite mini reception. The other factor which supports this theory is that Madeleine was very well acquainted with that route having used it every morning, at times running off ahead of her parents and siblings.

But never at night John - so not familiar to her at all imo.    The front door was in a particularly dark corner - would a 4yr old venture out on her own into the darkness and walk any distance in her pyjamas and especially with no shoes on?    It sounds unlikely to me.

The dogs could have been picking up her scent from journeys made earlier that same day.   IMO 

[Robittybob1]

But never at night John - so not familiar to her at all imo.    The front door was in a particularly dark corner - would a 4yr old venture out on her own into the darkness and walk any distance in her pyjamas and especially with no shoes on?    It sounds unlikely to me.

The dogs could have been picking up her scent from journeys made earlier that same day.   IMO

Well if you think John is wrong what do you think happened?

[Angelo222]

The simplest explanation usually ends up being the correct one.  The scent from a child wearing shoes is extremely weak and will dissipate after many hours.  A barefooted child however leaves behind a very distinct trail which can be easily followed especially when fresh.  A child will always go to the light so walking out the front door and going west makes much sense. The lights and noise from the tapas area would have been an attraction imo.

I'm not saying it happened that way but the evidence certainly supports it. 

[Mr Gray]

The simplest explanation usually ends up being the correct one.  The scent from a child wearing shoes is extremely weak and will dissipate after many hours.  A barefooted child however leaves behind a very distinct trail which can be easily followed especially when fresh.  A child will always go to the light so walking out the front door and going west makes much sense. The lights and noise from the tapas area would have been an attraction imo.

You still have to explain why the pj said w and w is highly unlikely....plus I don't think the dog evidence is as reliable as you think....Al my opinion

If you think the evidence supports it then why have the pj who may well have more evidence ...discounted it so strongly

[G-Unit]

They were wrong to say it was unlikely and several very senior former British detectives agree with you.  An almost 4-year-old child is very capable of opening a door and walking out and anyone who says otherwise is deluding themself.

In fact, the only real and tangible evidence there exists in the case is the two independent trails recorded by the GNR tracker dogs just hours after Madeleine disappeared.  Trails which strongly suggest the child walked out the front door, around block 5 and back to mini reception where she crossed the road before the trail ended abruptly. This in itself is very strong evidence that a barefooted child walked out of that apartment and was lifted by someone directly opposite mini reception.  The other factor which supports this theory is that Madeleine was very well acquainted with that route having used it every morning, at times running off ahead of her parents and siblings.

I don't understand why you keep saying the McCanns took their children that way every morning. I've seen no evidence that they ever went that way.

[Benice]

Well if you think John is wrong what do you think happened?

I believe she was abducted by one or more persons and was immediately driven away by car - either out of PdL altogether or to another location in or close to PdL.

I used to think Smithman was the abductor because surely an innocent man - or his family would have contacted the PJ to let them know it was him or their son or husband who was seen by the Smiths - if it was simply an innocent father carrying his own child for whatever reason. 

 I changed my mind about that because I believe fear of what might happen to anyone in that position once they contacted the PJ influenced his decision -  and particularly as IMO the reaction of his family would be to implore him not to get involved.

IMO Mrs Murat's actions confirmed the reluctance (because of fear)  of PT locals to have contact with the PJ.

Additionally, the actions of the McCanns  on their return to the UK have always been the complete opposite of how guilty people, who had just got away with a heinous crime, would choose to take, when they didn't have to. IMO. 

AIMHO

[Alice Purjorick]

Alice posted a link to a court case where tracker dog evidence was deemed inadmissible.....it seems it is not as reliable as some think...nothing against dogs I just like the truth
The PJ said woke and wandered was highly unlikely...it would be interesting to know on what that was based

You are only telling half the story there.
Guess which half is missing?

[Alice Purjorick]

"The Court of Appeal ruled, (with safeguards); that if a dog handler could establish that the dog had been properly trained and, over a period of time, the dog's reactions indicated that it was a reliable pointer to the existence of a scent of some particular individual then that evidence should properly be admitted"

http://www.rjerrard.co.uk/law/cases/piet.htm

[sadie]

The simplest explanation usually ends up being the correct one.  The scent from a child wearing shoes is extremely weak and will dissipate after many hours.  A barefooted child however leaves behind a very distinct trail which can be easily followed especially when fresh.  A child will always go to the light so walking out the front door and going west makes much sense. The lights and noise from the tapas area would have been an attraction imo.

I'm not saying it happened that way but the evidence certainly supports it.

Madeleine couldn't see the light from the tapas area, cos block 5 building was in the way.   Unless bangers were going off, neither would she have heard it. 

FGS, there was block 5 building blocking sound between where she might (unlikely) have walked.  Then two corners for sound waves to travel around + 70 metres to travel.    And the Tapas restaurant was only a group of people having dinner !   Not exactly a crowd at a football match sound !

The evidence IMO does not support it, because as I have stated before, the towel/blanket shown to the dogs was probably handled by the lifter as he moved Madeleine.  His/her sweaty smell would over power Madeleines more delicate smell.

This scent could have been left as he/she left the getaway car and walked to the apartment via the back rouite .... or could have been left as he/she doubled back to the car.  I prefer that it was left as he /she left the car on the little car park and walked to the front door..



I think it far more likely that the dogs were following the lifters smell rather than Madeleines.   I think that Madeleine was carried out.

On such a gusty evening, it is doubtful that any perceptable scent of a carried child would remain for the dogs to follow


Everything is IMO, but it fits and makes sense,.

[Alice Purjorick]

True.

David Rose is well-respected though.

The claims about the diary's contents were first published on Thursday by Jose Manuel Ribeiro *, crime correspondent for the Lisbon daily Diario de Noticias.

By chance I ran into him that same afternoon, outside the apartment where Madeleine disappeared.

I congratulated him on his scoop, but he shook his head, disconsolate. Already, he complained, it was turning to dust.

Ribeiro said he had been given the story by an impeccable inside source, but already officials in Lisbon were denying it, and the source himself could no longer assure him it was true.

"Why is bad information getting out to the public?" he asked. "Because we're being given it."

Read more: http://www.dailymail.co.uk/news/article-482007/Lies-beatings-secret-trials-dark-police-handling-Madeleine-case.html#ixzz52ykvcRce
Follow us: @MailOnline on Twitter | DailyMail on Facebook


Seems to be this

Diario de Noticias 13.9.07*

PJ traces profile of Kate from her diary

Kate McCann's diary, which was apprehended in early August by Policia Judiciaria in the Vista Mar villa at Praia da Luz, close to Lagos, and which was rented by Madeleine's parents, will not be very useful to the investigation at the moment. It was one of the clues that were used by police in order to help the investigators to trace the "psychological profile" of the English child's mother, namely in terms of her relationship with her children, her husband and other family members, besides friends. And the level of disturbance she felt over her daughter's disappearance.

As DN could find out, PJ has photocopied several pages of that diary when it was apprehended, at the time of Kate's depositions. Those photocopies are in possession of the criminal instruction judge at the Judicial Court in Portimao, so the apprehension is validated. This has to happen because the diary is, just like any private correspondence, considered to be a document which is part of the "intimacy and privacy" of a person.

As DN could establish, the investigation will also focus on the McCanns' car: there will be even more detailed forensic investigation, and probably its interior will be taken apart. But these diligences can only take place after the total analyses arrive, which, according to sources that are connected to the process, has not happened yet.

Policia Judiciaria (PJ) awaits the emission of judicial warrants in order to perform new diligences that will focus on the discovery of the cadaver. The area close to the church of Nossa Senhora da Luz is one of the targets that has already been marked by the investigators.

(...)
http://themaddiecasefiles.com/pj-traces-profile-of-kate-from-her-diary-dn-13-9-0-t2015.html

* Published 13 DE SETEMBRO DE 2007
00:00

JOSÉ MANUEL OLIVEIRA
https://www.dn.pt/arquivo/2007/interior/pj-traca-perfil-de-kate-com-o-diario-984870.html


Followed presumably by this CdaM piece:

Correio da Manha 13.9.07

Diary: PJ wants to add it to the process
Kate calls her children hysterical in the diary

Kate's diary is fundamental for the investigators of the Policia Judiciaria, who found it open in the villa that was rented by the McCanns after the disappearance of Madeleine from the Ocean Club.

The diary was not apprehended because it is included, in juridical terms, within the sphere of private correspondence, but it was analysed by police investigators. As it cannot be valued as evidence, PJ's members asked the lawyer of the Ministerio Publico to ask for its formal apprehension. This has to be done by the instruction judge, in a separate order, so it cannot be rendered invalid later.

CM could further determine that the importance of the diary is considered to be high. In it, Kate reveals traces of her personality. She often complains that her children are "hysterical" and she talks about Madeleine as a child whose excessive activity consumes her strength. She also says that Gerry doesn't help her with family chores, and that it is on her that the obligation to take care of the small ones falls. CM also knows that Kate reveals details of May 3. She confesses to no crime, but she describes the hours before Maddie disappeared.

Yesterday, an English newspaper also said that the PJ also wants to apprehend Gerry's personal computer. The purpose would be to access his mailbox, a diligence that was never performed because it is only now that the parents became formal suspects.

Tests have not arrived yet

The biological tests that are being performed in the Birmingham Lab have not arrived yet. What is missing is the confirmation of the genetical profiles that were collected in the apartment where the child disappeared from, which, if from Madeleine, come to reinforce the theory of death and concealment of a body.

While the instruction judge does not speak about the requests that were made by PJ, authorities continue to work on the case. The diligences are less visible now, but searches in areas which do not require a judicial mandate are not completely excluded.
http://themaddiecasefiles.com/kate-calls-her-children-hysterical-in-the-diary-cd-t2017.html



* Correction. The DN article I found is bylined by Oliveira, not Ribeiro as mentioned in D Rose's article. Hmm. Will have another look.

The point still stands re the media blitz on 13 Sept, though.

There certainly was a media blitz but it seems to have been triggered by one vague(ish) piece of information having an equally vague source and provenance. That is not to say the source was not PJ just that I would not bet too much on it.
I do find the concept of a diary being apprehended rather droll. That's Google translate for you I suppose.

It may help to take one step back and ask the purposes of a newspaper.
Providing a factually accurate account of "How they brought good news from Aix to Ghent" to present to the populace at large is along way down the list. IMO of course.
1 A newspaper will print as many of it's owner's biases, prejudices and political inclinations as the advertisers will hold still for.
2 It will present news items and /or human interest stories in a manner attractive to it's target audience to increase circulation showing the advertiser's that it reaches the advertiser's target audiences making it worth while to invest in advertising space and so on. To make it look as though it has legs makes even more attractive from the advertisers point of view => extra revenue.
3 A good human interest story will be milked until dry by the appropriate media.
4 By Sept 2007 the McCann case was soap opera. It having "everything" it is difficult to conceive of a time when it will cease to be a human interest story for some members of the public, except of course when all is revealed.
all my opinion of course.

[Mr Gray]

"The Court of Appeal ruled, (with safeguards); that if a dog handler could establish that the dog had been properly trained and, over a period of time, the dog's reactions indicated that it was a reliable pointer to the existence of a scent of some particular individual then that evidence should properly be admitted"

http://www.rjerrard.co.uk/law/cases/piet.htm

So was that established in this case

[G-Unit]

And this...

Lowe wrote the full report on 6 Sept. Unless it was sent be second-class snail mail to LP who then snail-mailed it to PT, as opposed to faxing it, I don't see how the PJ wouldn't have had it by 13 Sept (the date of the article).

It's possible that they didn't get it for arguido day, but then what did they wave as "evidence"? Lowe's e-mail?

Could these details, even if some are inaccurate, have not come from a PJ-related source?

Jornal de Noticias 13.9.07

English lab delays analyses of residues from apartment

Policia Judiciaria still waits for the results from tests on the samples of bilogical residues that were collected in the Ocean Club apartment where the McCann family was staying. This information, which was not yet delivered by the Birmingham lab, in England, is crucial in order to decide the following steps in the investigation, and to start new interrogations of Kate and Gerry McCann, as well as an eventual increase in the coercion measures, depending on whether it is Maddie's blood or not.

Until now, the PJ has only received the results of the DNA research that concern the residues that were found in the boot of the Renault Scenic that was rented by the couple several days after Madeleine's disappearance. And those analyses indicated a compatibility level of 80% with the genetic profile of the English girl - other results that were received were inconclusive.

But when confronted with this and other data during their interrogations as arguidos, Maddie's parents remained silent. It is still to be known whether they will maintain the same stance if the samples that were collected from a wall and a curtain in the apartment - the location where one of the English dogs marked the presence of cadaver odor - are compatible with their daughter's genetic profile.

News that were published in England yesterday reported that the McCann couple will ask for new forensic testing on the rental car in which the English dogs signalled cadaver odor in the boot and found biological residues of the girl.

Validated apprehension

While this waiting moment passes, as JN reported yesterday, a criminal instruction judge was asked to validate the apprehension of an agenda that belongs to Kate McCann, which can also be seen as a "diary". PJ wants to further investigate the habits of Madeleine's mother through that and other documents. The same magistrate will also pronounce himself about the request for assistant status, that was made by the couple, and should deny it.

On the other hand, the Ministerio Publico is analysing what diligences are justified at this point in the investigation. One of them, as has been reported previously, is related to the questioning of relatives and friends of the McCanns, through a request letter to England. The attorney who is in charge of the case will also decide whether it is justified to search further locations where the eventual body of the child could have passed through.


English couple defies Portuguese police

Kate and Gerry McCann sent a message to Policia Judiciaria yesterday, defying the inspectors to find Madeleine's body in order to prove the couple's involvement. According to English newspaper 'Daily Mail', the lawyers for Madeleine's parents said that without a body, it will be extremely difficult to prove the involvement in the alleged death of the 4-year-old child.

(...)
http://themaddiecasefiles.com/english-lab-delays-analyses-of-residues-13-9-07-t2016.html

2nd August
Diaries seized
13th Sept 2007
The judge gets copies of Kate's diaries in English and orders that they be translated so he can decide whether they can be included as evidence.
4th October 2007
The translator, AR, returns the copies along with her translation of them.
25th June 2008
 The Prosecutor (I think) asks the judge what the decision is.
26th June 2008
The judge decides the diaries are personal and orders the copies be destroyed.

So did the PJ keep hold of a copy themselves? Did they have it translated? Why did they leak bits of it before asking for it to be entered in evidence?