Author Topic: As we approach 2023, have we learned anything new?  (Read 41878 times)

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Offline kizzy

Re: As we approach 2023, have we learned anything new?
« Reply #210 on: January 11, 2023, 04:17:29 PM »
The McCanns and Murat were made arguidos solely on suspicion - not justifiable evidence.  The Portuguese Penal Code changed in September 2007 when evidence, not suspicion, is now required to constitute an arguido.

Since the change in the penal code there has never been an arguido suspected of criminal offences against Madeleine - not even the oft quoted three amigos questioned under caution by the Portuguese on behalf of Scotland Yard.

Portuguese authorities make German ‘formal suspect’ in Madeleine McCann probe
Christian Brueckner has been made an ‘arguido’ – which translates as ‘formal suspect’.
Sophie Wingate
Friday 22 April 2022
https://www.independent.co.uk/news/uk/christian-brueckner-madeleine-mccann-portuguese-bild-praia-da-luz-b2062938.html

That is a significant progression in Madeleine's case leading into 2023.

That is a significant progression in Madeleine's case leading into 2023.


April 2022..........leading into 2023. you class as progression. FGS.

Offline Brietta

Re: As we approach 2023, have we learned anything new?
« Reply #211 on: January 11, 2023, 05:44:02 PM »
That is a significant progression in Madeleine's case leading into 2023.


April 2022..........leading into 2023. you class as progression. FGS.

The preponderance you exhibit for lifting one sentence from each of my posts for criticism while disregarding the meaning of the post in its entirety, evidences your rather limited view of events and inability to grasp the bigger picture.

It has taken more than fifteen years to reach this stage in an investigation which the Portuguese gave up on after a few months.
I think that is indeed a progression - then I am interested in what happened to Madeleine - you and Amaral think you know.
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline sadie

Re: As we approach 2023, have we learned anything new?
« Reply #212 on: February 19, 2023, 12:24:51 AM »
Picked up an old copy of the original Myst (one of the first computer games on CD as opposed to floppies) at a garage sale several years ago and have been hooked on Cyan's mind-challenging games in their various iterations ever since... Riven, Myst sequels and their most recent, Obduction (for which you need a hefty graphics card)... https://cyan.com/games/

You have the right sort of mind, qualifications and intellect,
Did you write/compose the computer game "Myst", Myster?

That was the best Chrissy present that I ever bought my hubby.  Kept him busy for weeks.   
I think he liked it better than football .. Yawn .... Oh, pardon me,!

Congratulations if it was your baby, Ret.  Well done.

Offline G-Unit

Re: As we approach 2023, have we learned anything new?
« Reply #213 on: February 19, 2023, 06:56:46 AM »
The McCanns and Murat were made arguidos solely on suspicion - not justifiable evidence.  The Portuguese Penal Code changed in September 2007 when evidence, not suspicion, is now required to constitute an arguido.

Since the change in the penal code there has never been an arguido suspected of criminal offences against Madeleine - not even the oft quoted three amigos questioned under caution by the Portuguese on behalf of Scotland Yard.

Portuguese authorities make German ‘formal suspect’ in Madeleine McCann probe
Christian Brueckner has been made an ‘arguido’ – which translates as ‘formal suspect’.
Sophie Wingate
Friday 22 April 2022
https://www.independent.co.uk/news/uk/christian-brueckner-madeleine-mccann-portuguese-bild-praia-da-luz-b2062938.html

That is a significant progression in Madeleine's case leading into 2023.

Interestingly, I came across an explanation of the changes made to the Portuguese Procedure Code which came into force in September 2007. The change relating to arguidos is described as;

To name someone as “arguido” the criminal police force now requires validation by a judge.
https://www.portugalresident.com/revisions-of-the-criminal-procedure-code/

No mention there of a requirement for specific evidence to be provided.
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Offline Vertigo Swirl

Re: As we approach 2023, have we learned anything new?
« Reply #214 on: February 19, 2023, 07:28:16 AM »
Interestingly, I came across an explanation of the changes made to the Portuguese Procedure Code which came into force in September 2007. The change relating to arguidos is described as;

To name someone as “arguido” the criminal police force now requires validation by a judge.
https://www.portugalresident.com/revisions-of-the-criminal-procedure-code/

No mention there of a requirement for specific evidence to be provided.
So how is a judge to come to a decision about whether or not to make someone an arguido?  Toss of a coin?
"You can't reason with the unreasonable".

Offline G-Unit

Re: As we approach 2023, have we learned anything new?
« Reply #215 on: February 19, 2023, 08:17:39 AM »
So how is a judge to come to a decision about whether or not to make someone an arguido?  Toss of a coin?

That would be up to the judge, I expect. There were already circumstance in which the PJ had to apply to a judge for permissions. Searches, phone tapping, admissability of evidence are all mentioned in the files as needing judicial input.
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Offline Vertigo Swirl

Re: As we approach 2023, have we learned anything new?
« Reply #216 on: February 19, 2023, 08:21:37 AM »
That would be up to the judge, I expect. There were already circumstance in which the PJ had to apply to a judge for permissions. Searches, phone tapping, admissability of evidence are all mentioned in the files as needing judicial input.
Yes we know it would be up to the judge but upon what would the judge rely to come to a decision about whether or not to make someone an arguido?  Not evidence of wrongdoing  according to you, so then what?
"You can't reason with the unreasonable".

Offline Mr Gray

Re: As we approach 2023, have we learned anything new?
« Reply #217 on: February 19, 2023, 08:58:27 AM »
That would be up to the judge, I expect. There were already circumstance in which the PJ had to apply to a judge for permissions. Searches, phone tapping, admissability of evidence are all mentioned in the files as needing judicial input.

Where in the files does it mention admissibility of evidence.
The statements you continually refer to..the dog alerts .the DNA ...none of that would be admissible..that's one of the reasons I think sceptics are daft

Offline G-Unit

Re: As we approach 2023, have we learned anything new?
« Reply #218 on: February 19, 2023, 10:28:31 AM »
Yes we know it would be up to the judge but upon what would the judge rely to come to a decision about whether or not to make someone an arguido?  Not evidence of wrongdoing  according to you, so then what?

According to the Portuguese Public Prosecution Service;

The status of arguido (defendant) is granted when an inquiry has been opened or an investigation is led regarding a specific person, if there are grounds to suspect that such person has committed a criminal offence and when that person is heard by a judicial authority – Public Prosecutor or Examining Judge – or a criminal police body
https://gddc.ministeriopublico.pt/pagina/notes-portuguese-legal-terms
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Offline G-Unit

Re: As we approach 2023, have we learned anything new?
« Reply #219 on: February 19, 2023, 10:37:30 AM »
Where in the files does it mention admissibility of evidence.
The statements you continually refer to..the dog alerts .the DNA ...none of that would be admissible..that's one of the reasons I think sceptics are daft

The judge refused to allow Kate's diaries to be included as evidence.

Conclusion 26-06-2008

(Presents invoice)

The photocopies of the 'diary' do not contain any material of interest to the ongoing investigation, but relate to the personal and inviolable personal experiences of any person.

Accordingly I order the diary's respective destruction.

Portimao

2008-06-27

Pedro Frias
Criminal Instruction Judge
https://mccannpjfiles.co.uk/PJ/BIBLE.htm

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Offline G-Unit

Re: As we approach 2023, have we learned anything new?
« Reply #220 on: February 19, 2023, 10:50:22 AM »
Where in the files does it mention admissibility of evidence.
The statements you continually refer to..the dog alerts .the DNA ...none of that would be admissible..that's one of the reasons I think sceptics are daft

I think supporters should read the files and they would then know what the judge allowed and what wasn't allowed. Their opinions are irrelevant. Following the dog searches and alerts the PJ applied for a search warrant for the McCann's villa and it was granted;

Ministry of Justice

Lagos Court


SEARCH WARRANT

In Triplicate

Case: 201.070 GALGS

Inquiry ? Legal Acts

Date: 2nd August 2007

Subject: Search Warrant ? Valid for 20 days with strict observance of the proceedings laid down in articles n 176 ? 177 of the CPP. Competence of the Lagos Judge.

Dr Anjos Frias, Judge of the Lagos Court

ORDERS that according to the terms of articles 174 n 2, 176 n1, 177 n|1, 177n1, 296 n1 of the Penal Process Code a SEARCH will be made of the premises identified below, if necessary with forced entry whilst observing the legal formalities foreseen in articles 176 and 177 of the CPP, for the EFFECTIVE APPREHENSION of all elements that could clarify the investigation and instruction process according to the terms of article 178 of the same code.

The search should include the entire property, even the part occupied by people other than the suspects, including annexes and rented areas.

Before proceeding to effect the search, copy of the dispatch attached determining who had access to the place, mentioning that they can be present during the search and be accompanied or substituted by someone of confidence will be delivered. If the persons in reference are not present, copy of the dispatch can be delivered where possible to a family member, neighbour, caretaker or whoever acts as substitute, article 176, n 1 and 2 of the CPP.

All information will be included in the process files.

Location of Inquiry:

?McCann family residence?, respective garages and annexes, situated in Vista Mar, Luz Parque, Praia da Luz, if necessary with forced entry.

Signed and sealed

Judge Anjos Frias
https://mccannpjfiles.co.uk/PJ/DOGS_INSPECTION.htm#%20p8p2085

I hope this adds to people's knowledge, even if it's a long time ago.
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Offline Vertigo Swirl

Re: As we approach 2023, have we learned anything new?
« Reply #221 on: February 19, 2023, 11:31:35 AM »
According to the Portuguese Public Prosecution Service;

The status of arguido (defendant) is granted when an inquiry has been opened or an investigation is led regarding a specific person, if there are grounds to suspect that such person has committed a criminal offence and when that person is heard by a judicial authority – Public Prosecutor or Examining Judge – or a criminal police body
https://gddc.ministeriopublico.pt/pagina/notes-portuguese-legal-terms
What do you think “grounds to suspect” are based on?  Gut feel? 
"You can't reason with the unreasonable".

Offline Vertigo Swirl

Re: As we approach 2023, have we learned anything new?
« Reply #222 on: February 19, 2023, 11:34:17 AM »
I think supporters should read the files and they would then know what the judge allowed and what wasn't allowed. Their opinions are irrelevant. Following the dog searches and alerts the PJ applied for a search warrant for the McCann's villa and it was granted;

Ministry of Justice

Lagos Court


SEARCH WARRANT

In Triplicate

Case: 201.070 GALGS

Inquiry ? Legal Acts

Date: 2nd August 2007

Subject: Search Warrant ? Valid for 20 days with strict observance of the proceedings laid down in articles n 176 ? 177 of the CPP. Competence of the Lagos Judge.

Dr Anjos Frias, Judge of the Lagos Court

ORDERS that according to the terms of articles 174 n 2, 176 n1, 177 n|1, 177n1, 296 n1 of the Penal Process Code a SEARCH will be made of the premises identified below, if necessary with forced entry whilst observing the legal formalities foreseen in articles 176 and 177 of the CPP, for the EFFECTIVE APPREHENSION of all elements that could clarify the investigation and instruction process according to the terms of article 178 of the same code.

The search should include the entire property, even the part occupied by people other than the suspects, including annexes and rented areas.

Before proceeding to effect the search, copy of the dispatch attached determining who had access to the place, mentioning that they can be present during the search and be accompanied or substituted by someone of confidence will be delivered. If the persons in reference are not present, copy of the dispatch can be delivered where possible to a family member, neighbour, caretaker or whoever acts as substitute, article 176, n 1 and 2 of the CPP.

All information will be included in the process files.

Location of Inquiry:

?McCann family residence?, respective garages and annexes, situated in Vista Mar, Luz Parque, Praia da Luz, if necessary with forced entry.

Signed and sealed

Judge Anjos Frias
https://mccannpjfiles.co.uk/PJ/DOGS_INSPECTION.htm#%20p8p2085

I hope this adds to people's knowledge, even if it's a long time ago.
What’s this got to do with admissibility of evidence?
"You can't reason with the unreasonable".

Offline G-Unit

Re: As we approach 2023, have we learned anything new?
« Reply #223 on: February 19, 2023, 12:04:42 PM »
What do you think “grounds to suspect” are based on?  Gut feel?

What do you think?
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Offline Mr Gray

Re: As we approach 2023, have we learned anything new?
« Reply #224 on: February 19, 2023, 12:11:50 PM »
I think supporters should read the files and they would then know what the judge allowed and what wasn't allowed. Their opinions are irrelevant. Following the dog searches and alerts the PJ applied for a search warrant for the McCann's villa and it was granted;

Ministry of Justice

Lagos Court


SEARCH WARRANT

In Triplicate

Case: 201.070 GALGS

Inquiry ? Legal Acts

Date: 2nd August 2007

Subject: Search Warrant ? Valid for 20 days with strict observance of the proceedings laid down in articles n 176 ? 177 of the CPP. Competence of the Lagos Judge.

Dr Anjos Frias, Judge of the Lagos Court

ORDERS that according to the terms of articles 174 n 2, 176 n1, 177 n|1, 177n1, 296 n1 of the Penal Process Code a SEARCH will be made of the premises identified below, if necessary with forced entry whilst observing the legal formalities foreseen in articles 176 and 177 of the CPP, for the EFFECTIVE APPREHENSION of all elements that could clarify the investigation and instruction process according to the terms of article 178 of the same code.

The search should include the entire property, even the part occupied by people other than the suspects, including annexes and rented areas.

Before proceeding to effect the search, copy of the dispatch attached determining who had access to the place, mentioning that they can be present during the search and be accompanied or substituted by someone of confidence will be delivered. If the persons in reference are not present, copy of the dispatch can be delivered where possible to a family member, neighbour, caretaker or whoever acts as substitute, article 176, n 1 and 2 of the CPP.

All information will be included in the process files.

Location of Inquiry:

?McCann family residence?, respective garages and annexes, situated in Vista Mar, Luz Parque, Praia da Luz, if necessary with forced entry.

Signed and sealed

Judge Anjos Frias
https://mccannpjfiles.co.uk/PJ/DOGS_INSPECTION.htm#%20p8p2085

I hope this adds to people's knowledge, even if it's a long time ago.
Where in that does it discuss admissibility of evidence. I often find sceptics knowledge of the files sadly lacking