Author Topic: As we approach 2023, have we learned anything new?  (Read 41880 times)

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Offline Vertigo Swirl

Re: As we approach 2023, have we learned anything new?
« Reply #300 on: February 25, 2023, 12:18:41 PM »
All I know is that he gave his view and so did João Taborda in the Portugal Resident. One mentioned evidence as a new requirement for awarding arguido status and the other didn't. Having looked at other sources, they don't mention evidence either.
"In relation to the investigation stage of a crime, a provision has been included where if there is no grounds that a crime has been committed, an inquiry will not be initiated, which was not the case before".
My reading of that is  - without evidence that a crime has been committed an inquiry will not be initiated.  An inquiry being the stage at which someone is made an arguido".  Why was it felt necessary to announce that there was strong indications of the practice of a crime wrt to CB, but not with the McCanns or Robert Murat?
"You can't reason with the unreasonable".

Offline G-Unit

Re: As we approach 2023, have we learned anything new?
« Reply #301 on: February 25, 2023, 12:55:02 PM »
"In relation to the investigation stage of a crime, a provision has been included where if there is no grounds that a crime has been committed, an inquiry will not be initiated, which was not the case before".
My reading of that is  - without evidence that a crime has been committed an inquiry will not be initiated.  An inquiry being the stage at which someone is made an arguido".  Why was it felt necessary to announce that there was strong indications of the practice of a crime wrt to CB, but not with the McCanns or Robert Murat?

Imo your understanding is wrong. The inquiry is the investigation itself;

The “inquiry” (inquérito), led by a Public Prosecutor,is the stage that opens criminal proceedings with the purpose of investigating the possible perpetration of a crime, detecting its perpetrators and their responsibility and collecting evidence in view of a decision on whether there will be a formal charge or prosecution.
https://gddc.ministeriopublico.pt/pagina/notes-portuguese-legal-terms
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Offline Vertigo Swirl

Re: As we approach 2023, have we learned anything new?
« Reply #302 on: February 25, 2023, 02:28:26 PM »
Imo your understanding is wrong. The inquiry is the investigation itself;

The “inquiry” (inquérito), led by a Public Prosecutor,is the stage that opens criminal proceedings with the purpose of investigating the possible perpetration of a crime, detecting its perpetrators and their responsibility and collecting evidence in view of a decision on whether there will be a formal charge or prosecution.
https://gddc.ministeriopublico.pt/pagina/notes-portuguese-legal-terms
It's you whose understanding is wrong.
You earlier wrote:
Quote
" I don't know what is meant by 'inquiry'. My best guess is that it refers to the inquiry stage of the process, which seems to follow the investigative stage".

And I replied to your post with the following@:
Quote
Perhaps inquiry means that stage in the investigation during which the arguidoship is conferred on a suspect so that they may be questioned?

As your quote above makes clear the inquiry is the investigation stage during which perpetrators are identified not as you had stated the stage AFTER an investigation.

so I think on balance it is you that is mistaken. 

Why would a Portuguese defence lawyer be unable to understand the law change and if he had been wrong why has no one ever come forward in 15+ years to say he was mistaken or lying?  Not even Amaral?  Why, when CB was made arguido was this as a result of "strong indications of the practice of a crime", when such a claim was not made wrt to the McCanns or Murat?
"You can't reason with the unreasonable".

Offline G-Unit

Re: As we approach 2023, have we learned anything new?
« Reply #303 on: February 25, 2023, 05:23:33 PM »
It's you whose understanding is wrong.
You earlier wrote:
And I replied to your post with the following@:
As your quote above makes clear the inquiry is the investigation stage during which perpetrators are identified not as you had stated the stage AFTER an investigation.

so I think on balance it is you that is mistaken. 

Why would a Portuguese defence lawyer be unable to understand the law change and if he had been wrong why has no one ever come forward in 15+ years to say he was mistaken or lying?  Not even Amaral?  Why, when CB was made arguido was this as a result of "strong indications of the practice of a crime", when such a claim was not made wrt to the McCanns or Murat?

My cite makes it clear that the inquiry stage is simply the alternative name for the investigating stage. The passage you have picked out isn't relevant to the creation of arguidos.
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Offline Vertigo Swirl

Re: As we approach 2023, have we learned anything new?
« Reply #304 on: February 25, 2023, 05:39:55 PM »
My cite makes it clear that the inquiry stage is simply the alternative name for the investigating stage. The passage you have picked out isn't relevant to the creation of arguidos.
If it’s not relevant then why did you quote it in your inital post which you claimed proved evidence wasn’t required for the creating of arguidos? 
I notice you have in typical fashion ignored the other points I made.
"You can't reason with the unreasonable".

Offline G-Unit

Re: As we approach 2023, have we learned anything new?
« Reply #305 on: February 25, 2023, 06:24:25 PM »
If it’s not relevant then why did you quote it in your inital post which you claimed proved evidence wasn’t required for the creating of arguidos? 
I notice you have in typical fashion ignored the other points I made.

I've made my point; which I will repeat. The changes made in 2007 did not say that evidence was required to create an arguido. Carlos Pinto de Arbreu said that, not the legislation.
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Offline Vertigo Swirl

Re: As we approach 2023, have we learned anything new?
« Reply #306 on: February 25, 2023, 06:37:34 PM »
I've made my point; which I will repeat. The changes made in 2007 did not say that evidence was required to create an arguido. Carlos Pinto de Arbreu said that, not the legislation.
in your opinion.
"You can't reason with the unreasonable".

Offline Vertigo Swirl

Re: As we approach 2023, have we learned anything new?
« Reply #307 on: February 25, 2023, 06:57:49 PM »
“Sources have said the legal grounds for making Brueckner an arguido include the fact he allegedly confessed to a pal he had snatched ­Madeleine and mobile phone records placed him in Praia da Luz the night she vanished”.

https://www.mirror.co.uk/news/uk-news/madeleine-mccann-police-wait-key-26777523

What were the legal grounds for making the McCanns and Murat arguidos? 
"You can't reason with the unreasonable".

Offline G-Unit

Re: As we approach 2023, have we learned anything new?
« Reply #308 on: February 25, 2023, 07:01:27 PM »
in your opinion.

Well I've seen no evidence in official publications that it did say that.
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Offline G-Unit

Re: As we approach 2023, have we learned anything new?
« Reply #309 on: February 25, 2023, 07:23:06 PM »
“Sources have said the legal grounds for making Brueckner an arguido include the fact he allegedly confessed to a pal he had snatched ­Madeleine and mobile phone records placed him in Praia da Luz the night she vanished”.

https://www.mirror.co.uk/news/uk-news/madeleine-mccann-police-wait-key-26777523

What were the legal grounds for making the McCanns and Murat arguidos?

So according to the Mirror a pal's allegations and use of a phone in the area are enough to make someone an arguido?
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Offline Vertigo Swirl

Re: As we approach 2023, have we learned anything new?
« Reply #310 on: February 25, 2023, 07:35:50 PM »
So according to the Mirror a pal's allegations and use of a phone in the area are enough to make someone an arguido?
Do you not class that as evidence then?

Upon what legal grounds were the McCanns constituted arguidos?
"You can't reason with the unreasonable".

Offline Vertigo Swirl

Re: As we approach 2023, have we learned anything new?
« Reply #311 on: February 25, 2023, 07:40:24 PM »
Do you think the Attorney General of Portugal simply doesn’t understand his own country’s laws?

Attorney General, Fernando Pinto Monteiro said: "The law did not demand justified suspicions at the time in which they (the McCanns) were made 'arguidos'.

"I do not know if they would be in light of the new code."

"You can't reason with the unreasonable".

Offline G-Unit

Re: As we approach 2023, have we learned anything new?
« Reply #312 on: February 25, 2023, 08:40:29 PM »
Do you think the Attorney General of Portugal simply doesn’t understand his own country’s laws?

Attorney General, Fernando Pinto Monteiro said: "The law did not demand justified suspicions at the time in which they (the McCanns) were made 'arguidos'.

"I do not know if they would be in light of the new code."

No he didn't know, because the answer would only have been revealed when a judge decided if the PJ's suspicions of the McCanns were justified or not.
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Offline Vertigo Swirl

Re: As we approach 2023, have we learned anything new?
« Reply #313 on: February 25, 2023, 08:52:48 PM »
No he didn't know, because the answer would only have been revealed when a judge decided if the PJ's suspicions of the McCanns were justified or not.
The law did not demand justified suspicions AT THE TIME IN WHICH THE MCCANNS WERE MADE ARGUIDOS.

Which bit of this do you not understand?
"You can't reason with the unreasonable".

Offline G-Unit

Re: As we approach 2023, have we learned anything new?
« Reply #314 on: February 25, 2023, 10:15:32 PM »
The law did not demand justified suspicions AT THE TIME IN WHICH THE MCCANNS WERE MADE ARGUIDOS.

Which bit of this do you not understand?

Who decided whether the PJ's suspicions were enough to confer arguido status on the couple then? Bearing in mind that they were overseen by the public prosecutor?
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