Author Topic: Was Kate McCann right to decline to answer the 48 questions?  (Read 94607 times)

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Offline Eleanor

Re: Was Kate McCann right to decline to answer the 48 questions?
« Reply #120 on: March 23, 2017, 03:11:28 PM »

It is certainly possible to say something which might incriminate oneself, especially if the investigation is on the wrong track.

Offline Mr Gray

Re: Was Kate McCann right to decline to answer the 48 questions?
« Reply #121 on: March 23, 2017, 03:17:18 PM »
I think I understand the McCann's situation.

If you don't understand an innocent person can incriminate themselves then you don't understand anything

Alfie

  • Guest
Re: Was Kate McCann right to decline to answer the 48 questions?
« Reply #122 on: March 23, 2017, 06:50:09 PM »
I think I understand the McCann's situation.
Do share.

ferryman

  • Guest
Re: Was Kate McCann right to decline to answer the 48 questions?
« Reply #123 on: March 23, 2017, 08:02:05 PM »
Truthful statements by an innocent person[edit]

An incriminating statement includes any statement that tends to increase the danger that the person making the statement will be accused, charged or prosecuted – even if the statement is true, and even if the person is innocent of any crime. Thus, even a person who is innocent of any crime who testifies truthfully can be incriminated by that testimony. The United States Supreme Court has stated that the Fifth Amendment privilege:
protects the innocent as well as the guilty.... one of the Fifth Amendment’s basic functions . . . is to protect innocent men . . . who otherwise might be ensnared by ambiguous circumstances..... truthful responses of an innocent witness, as well as those of a wrongdoer, may provide the government with incriminating evidence from the speaker’s own mouth.[12]
The U.S. Supreme Court has also stated:
Too many, even those who should be better advised, view this privilege as a shelter for wrongdoers. They too readily assume that those who invoke it are either guilty of crime or commit perjury in claiming the privilege.[13]


https://en.wikipedia.org/wiki/Self-incrimination

https://supreme.justia.com/cases/federal/us/350/422/case.html

Offline pathfinder73

Re: Was Kate McCann right to decline to answer the 48 questions?
« Reply #124 on: March 28, 2017, 01:52:22 AM »
Gerry made a big point of the length of his second police interview on 10 May in his blog when writing about Kate's second interview 4 months later.

"Everyone will know that Kate attended for interview as a witness with the Portuguese police today. This is only the second time Kate has been interviewed and although it was a long day, going on past midnight, this was shorter than my second interview which lasted 13 hours! " GM Blog 6 Sept 07

Gerry interview lasted 13 hours soon after his daughter's disappearance. Poor thing - please give him a medal or something for his monumental effort in answering police questions ?{)(**  His daughter was missing for over 4 months at the time of writing this blog so who gives a flying f*** about 13 hours Gerry except you!
Smithman carrying a child in his arms checked his watch after passing the Smith family and the time was 10:03. Both are still unidentified 10 years later.

Offline Mr Gray

Re: Was Kate McCann right to decline to answer the 48 questions?
« Reply #125 on: March 28, 2017, 02:14:51 AM »
Gerry made a big point of the length of his second police interview on 10 May in his blog when writing about Kate's second interview 4 months later.

"Everyone will know that Kate attended for interview as a witness with the Portuguese police today. This is only the second time Kate has been interviewed and although it was a long day, going on past midnight, this was shorter than my second interview which lasted 13 hours! " GM Blog 6 Sept 07

Gerry interview lasted 13 hours soon after his daughter's disappearance. Poor thing - please give him a medal or something for his monumental effort in answering police questions ?{)(**  His daughter was missing for over 4 months at the time of writing this blog so who gives a flying f*** about 13 hours Gerry except you!

It does correct the lie that the McCanns did not co operate with the pj
As I have posted before the 48 questions were just being used to wear Kate down in the hope she would incriminate herself
If she had answered those there would have been another 48 useless questions
The McCanns had already told the pj all they knew
« Last Edit: March 28, 2017, 02:17:51 AM by davel »

Offline Robittybob1

Re: Was Kate McCann right to decline to answer the 48 questions?
« Reply #126 on: March 28, 2017, 03:01:55 AM »
It does correct the lie that the McCanns did not co operate with the pj
As I have posted before the 48 questions were just being used to wear Kate down in the hope she would incriminate herself
If she had answered those there would have been another 48 useless questions
The McCanns had already told the pj all they knew
It is not possible to tell what a person knows.
Moderation
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Offline Robittybob1

Re: Was Kate McCann right to decline to answer the 48 questions?
« Reply #127 on: December 12, 2017, 01:06:28 AM »
Absolutely true, refusing to answer the simplest of questions, avoiding a reconstruction and generally being obstructive and abusive to police officers has never been seen in policing circles as being conducive with innocence.
Once being made arguido it was their right to refuse to answer questions.
I don't believe the McCanns were the main players blocking a reconstruction being done.
Being abusive would have to be  spoken surely.  Just saying in your head "f..ken tosser, f..ken tosser"  is hardly a crime.

Those aspects whether true or false have no bearing on whether  a person is guilty or innocent IMO. 
Moderation
John has instructed all moderators to take a very strong line with posters who constantly breach the rules of this forum.  This sniping, goading, name calling and other various forms of disruption will cease.

Offline Brietta

Re: Was Kate McCann right to decline to answer the 48 questions?
« Reply #128 on: December 12, 2017, 02:58:51 AM »
Absolutely true, refusing to answer the simplest of questions, avoiding a reconstruction and generally being obstructive and abusive to police officers has never been seen in policing circles as being conducive with innocence.

Gerry McCann went against legal advice to remain silent and answered all the questions put to him at his arguido interview

Snip
Portuguese detectives knew there was no conclusive evidence against the McCanns three days before they interviewed them and made them suspects, official files have disclosed.
*****************************************************************************************
Officers had been told in an email from the Forensic Science Service laboratory in Birmingham that no conclusive traces of Madeleine's DNA had been found in the family's hire car.

But detectives went on to tell Mr McCann, during an eight hour interrogation, that his daughter's DNA had been found in the boot of the vehicle, which was rented more than three weeks after she vanished.

A friend of the couple said: "It was pretty clear they were seeking a confession and were prepared to do this (put forward false information) to achieve that.

"Serious questions need to be asked about why this was put to Gerry as fact. It was sloppy at best and deliberately manipulative at worst.

"A number of senior officers went down the route of making assumptions and suppositions and trying to force a confession to something that didn't happen."

This was one of the main areas of suspicion and Mr McCann was made a suspect or "arguido" into Madeleine's disappearance, along with his wife, immediately after being questioned at Portimao police station on September 7.

The couple's spokesman Clarence Mitchell said: "There was never any 100 per cent match with Madeleine's DNA.

Caution was expressed from the very start.

"Police were wrong to pursue this line so vigorously, and the Portuguese legal system has now accepted that there was no evidence to support it.

"I can confirm that the Portuguese police put it to Gerry as a fact that Madeleine's DNA had been found in both the apartment and the vehicle when it is now clear that the initial FSS report had made no such claim.

"You have to ask yourself what the police were trying to achieve by overstating evidence that they didn't have, nor could claim to have.

"One wonders, under those circumstances, what the motivation was."
http://www.telegraph.co.uk/news/newstopics/madeleinemccann/2501055/Madeleine-McCann-Portuguese-detectives-lied-to-Gerry-McCann-about-DNA-evidence.html

Kate McCann very sensibly in my opinion exercised her legal right as an arguida to remain silent.

Neither Kate nor Gerry McCann avoided returning to Portugal for a reconstruction.  They had to legally had the request been made.  Others, including an independent witness, took legal advice as a direct result of a breakdown of trust in the Portuguese police.
In my opinion their experiences of the Portuguese handling of the case justified their caution; the McCanns were presented with lies in interview ... would they have fared any better?

In my opinion the only abuse evident in those arguido interviews which were not recorded ... was very one sided and came from the interviewers desperate for 'confession' to 'solve' their case, not the interviewees desperate for their daughter.
"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 slartibartfast

Re: Was Kate McCann right to decline to answer the 48 questions?
« Reply #129 on: December 12, 2017, 08:02:13 AM »
Gerry McCann went against legal advice to remain silent and answered all the questions put to him at his arguido interview

Snip
Portuguese detectives knew there was no conclusive evidence against the McCanns three days before they interviewed them and made them suspects, official files have disclosed.
*****************************************************************************************
Officers had been told in an email from the Forensic Science Service laboratory in Birmingham that no conclusive traces of Madeleine's DNA had been found in the family's hire car.

But detectives went on to tell Mr McCann, during an eight hour interrogation, that his daughter's DNA had been found in the boot of the vehicle, which was rented more than three weeks after she vanished.

A friend of the couple said: "It was pretty clear they were seeking a confession and were prepared to do this (put forward false information) to achieve that.

"Serious questions need to be asked about why this was put to Gerry as fact. It was sloppy at best and deliberately manipulative at worst.

"A number of senior officers went down the route of making assumptions and suppositions and trying to force a confession to something that didn't happen."

This was one of the main areas of suspicion and Mr McCann was made a suspect or "arguido" into Madeleine's disappearance, along with his wife, immediately after being questioned at Portimao police station on September 7.

The couple's spokesman Clarence Mitchell said: "There was never any 100 per cent match with Madeleine's DNA.

Caution was expressed from the very start.

"Police were wrong to pursue this line so vigorously, and the Portuguese legal system has now accepted that there was no evidence to support it.

"I can confirm that the Portuguese police put it to Gerry as a fact that Madeleine's DNA had been found in both the apartment and the vehicle when it is now clear that the initial FSS report had made no such claim.

"You have to ask yourself what the police were trying to achieve by overstating evidence that they didn't have, nor could claim to have.

"One wonders, under those circumstances, what the motivation was."
http://www.telegraph.co.uk/news/newstopics/madeleinemccann/2501055/Madeleine-McCann-Portuguese-detectives-lied-to-Gerry-McCann-about-DNA-evidence.html

Kate McCann very sensibly in my opinion exercised her legal right as an arguida to remain silent.

Neither Kate nor Gerry McCann avoided returning to Portugal for a reconstruction.  They had to legally had the request been made.  Others, including an independent witness, took legal advice as a direct result of a breakdown of trust in the Portuguese police.
In my opinion their experiences of the Portuguese handling of the case justified their caution; the McCanns were presented with lies in interview ... would they have fared any better?

In my opinion the only abuse evident in those arguido interviews which were not recorded ... was very one sided and came from the interviewers desperate for 'confession' to 'solve' their case, not the interviewees desperate for their daughter.

Cite for Gerry going against legal advise?
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

Offline John

Re: Was Kate McCann right to decline to answer the 48 questions?
« Reply #130 on: December 12, 2017, 01:47:57 PM »
Once being made arguido it was their right to refuse to answer questions.
I don't believe the McCanns were the main players blocking a reconstruction being done.
Being abusive would have to be  spoken surely.  Just saying in your head "f..ken tosser, f..ken tosser"  is hardly a crime.

Those aspects whether true or false have no bearing on whether  a person is guilty or innocent IMO.

You mustn't have seen the police video I posted recently where an officer is very clear as to how they view "no comment" responses in abduction cases.  Frankly, I'm not in the least surprised, suspects who have absolutely nothing to hide just don't respond in that manner.  Decent, honourable, law-abiding folk generally without exception simply want to assist the police and answer the question.  Those who don't tend to have an ulterior motive for doing so imo.
« Last Edit: December 12, 2017, 02:30:58 PM by John »
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline Brietta

Re: Was Kate McCann right to decline to answer the 48 questions?
« Reply #131 on: December 12, 2017, 02:07:27 PM »
You mustn't have seen the police video I posted recently where an officer is very clear as to how they view "no comment" responses in abduction cases.  Frankly, I'm not in the least surprised, suspects who have absoluterly nothing to hide just don't respond in that manner.  Decent, honourable, law-abiding folk generally without exception simply want to assist the police and answer the question.  Those who don't tend to have an ulterior motive for doing so imo.

Kate McCann had already volunteered information and answered all the questions she could in the investigation into Madeleine's case.

The questions she refused to answer on legal advice were all about the case against her and nothing else. 

Therefore in my opinion her ulterior motive was to keep herself out of jail so that the investigation into Madeleine's case would be enabled to continue to conclusion.
"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 jassi

Re: Was Kate McCann right to decline to answer the 48 questions?
« Reply #132 on: December 12, 2017, 02:15:43 PM »
As far as I'm aware, police tend to ask  the the same questions several times over. It's part of their procedure.
« Last Edit: December 12, 2017, 02:20:39 PM by jassi »
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 slartibartfast

Re: Was Kate McCann right to decline to answer the 48 questions?
« Reply #133 on: December 12, 2017, 02:20:03 PM »
As far as I'm aware, police tend to the the same questions several times over. It's part of their procedure.

Check for variations.
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

Offline slartibartfast

Re: Was Kate McCann right to decline to answer the 48 questions?
« Reply #134 on: December 12, 2017, 02:21:17 PM »
Kate McCann had already volunteered information and answered all the questions she could in the investigation into Madeleine's case.

The questions she refused to answer on legal advice were all about the case against her and nothing else. 

Therefore in my opinion her ulterior motive was to keep herself out of jail so that the investigation into Madeleine's case would be enabled to continue to conclusion.

Ulterior?
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.