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Mccann's apply to be 'private prosecutors' so they can see ALL of the Portugese Files.

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Mccann's apply to be 'private prosecutors' so they can see ALL of the Portugese Files.

Post  Loopdaloop on Sat 26 Oct - 12:50

Possibly the most outrageous thing that I've read! They are STILL after what is in the files so they can retrofit and prepare excuses. I sincerely hope that this does not get approved.


From 'arguido' to 'assistente': McCanns apply for prosecutor status which will let them see all Portuguese case files if any suspects face trial
The McCanns' lawyer claims Portuguese police have finally admitted that the parents are no longer suspects
The couple will apply for prosecutor status allowing them to be updated of new developments in the case
Madeleine was snatched in 2007 from family's holiday apartment
Portugal police have re-opened case five years after it was closed
By GERARD COUZENS and DAILY MAIL REPORTER
PUBLISHED: 15:45, 25 October 2013 | UPDATED: 01:21, 26 October 2013
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Madeleine McCann’s parents are to apply under Portuguese law to become private ‘prosecutors’ in the reopened criminal inquiry into her disappearance.
If Kate and Gerry McCann are granted the status of ‘assistentes’, their legal team could work alongside state prosecutors so they are kept informed of all new developments and conduct their own private prosecution – running parallel to the state prosecution – against any future suspects.
It’s a distant cry from the days in 2007 when Portuguese police labelled the couple with ‘arguido’ – or suspect – status.
Under the country’s legal system, ‘there is a place for the victims that want to be side by side with the prosecutors’, said the McCanns’ Portuguese lawyer, Rogerio Alves. ‘They can press their own charges.’
Gerry and Kate McCann's fight for justice after the disappearance of their daughter Madeleine is fuelled by the hope that she is alive, their Portuguese lawyer claims
Hopeful: Gerry and Kate McCann's fight for justice after the disappearance of their daughter Madeleine is fuelled by the hope that she is alive, their Portuguese lawyer claims
Portugal’s Attorney General confirmed on Thursday that the probe was being reopened at the request of police based in Porto who have spent the last two and a half years reviewing the case.
The McCanns’ Portuguese lawyer, Rogerio Alves, said local police have finally admitted to the couple they no longer regard them as suspects, more than five years after the original investigation was shelved.
The couple were told in a police briefing last week in Lisbon, new lines of inquiry which have led to the reopening of the investigation in Portugal, absolve them of any responsibility.


Access all areas: The McCanns will apply for prosecutor status in the reopened criminal inquiry into Maddie's disappearance (pictured right on the day she vanished) allowing them to be kept informed of all new developments in the case
'What it means is that the police understand there are new avenues that should be explored.
'This brings Madeleine’s parents a legitimate expectation not only that the truth will be discovered but also that it will be possible to find Madeleine alive which is the sole aim of all the efforts they’ve been making.'
Portugal’s current Attorney General, Joana Marques Vidal, is the first woman ever appointed to the post.
Madeleine
An e-fit image released by the Metropolitan Police this month of a man they want to investigate as Portuguese authorities reopen the case with new inquiries
She took over as the country’s top legal advisor in October 2012 from predecessor Fernando Pinto Monteiro after his six-year mandate came to an end.
It was still unclear last night which police force would be appointed to lead the reopened inquiry.
Initial reports suggested it would be a team of Algarve-based Policia Judiciaria detectives but today it appeared more likely the review team from Porto would be asked to do the job.
The detectives will work under the direction of public prosecutors based in the Algarve resort of Portimao.
Jose Magalhaes e Menezes, the public prosecutor in charge of the original investigation, is expected to oversee the reopened inquiry.
He was damning of the original probe pointing the finger at Madeleine’s parents and claimed officers under disgraced Goncalo Amaral achieved 'very little' during their 15-month investigation.
He also thwarted attempts by Mr Amaral to charge the McCanns with child abandonment, leading to a souring in relations between police and prosecutors.
Mr Amaral went on to write a controversial book called ‘The Truth of the Lie’ which the McCanns are currently suing him over at an ongoing civil trial in a Lisbon court because of his claims they faked their daughter’s abduction to cover up her death in their holiday apartment.
It also emerged last night Madeleine’s parents are set to apply to become private prosecutors - ‘assistentes’ under Portuguese law - in the reopened criminal inquiry.
It will mean their legal team can work alongside state prosecutors so they are kept informed of all new developments and conduct their own private prosecution - running parallel to the state prosecution - against any future suspects charged over Madeleine’s disappearance.
The McCanns (pictured in 2007) will be able to be in court with their lawyer if they are granted prosecutor status once the secrecy order is lifted
Can press their own charges: The McCanns (pictured in 2007 after Maddie's disappearance) will be able to be in court with their lawyer if they are granted prosecutor status once the secrecy order is lifted
It marks a remarkable turnaround in a case in which they were once 'arguidos' or suspects.
Their status as ‘assistentes’ would be crucial because of the secrecy order slapped on the case by Portugal’s Attorney General.
They wouldn’t have access to all case files at present because of the secrecy order as ‘assistentes’ - but would once the secrecy order is lifted.
Mr Alves said today: 'I will be applying for the McCanns to become assistentes in this case but don’t know yet when.
'Madeleine is the victim as well as her parents who are also her legal representatives.
'According to Portuguese criminal procedural law there is a place for the victims that want to be side by side with the prosecutors.
'It’s a question of them helping the prosecutor deliver to the case files all the information they have that can assist the investigation.
The Ocean Club resort in Praia Da Luz where Madeleine McCann disappeared from in May 2007
Disappearance: The Ocean Club resort in Praia Da Luz where Madeleine McCann disappeared from in May 2007
'They can submit an accusation, they can press their own charges.
'At the trial, if there is a trial, they can be in court with their own lawyer, asking their own questions.
'It’s a sort of a private accusation to help the state prosecution.”
He added: 'The secrecy order that’s been placed on this case prevents me from saying what the new lines of inquiry are.
'The police asked us specifically not to compromise the investigation and we are all obliged to respect the secrecy order.
'It would be a crime for anyone working within the file with full information on the details to talk about it. We don’t have the full details, we just have an idea.
'Madeleine’s parents are the ones with most interest in abiding by the secrecy order and maintaining the efficiency of the investigation. But I can say that the information they got from the Portuguse police directly is that the new lines of investigation absolve them of any responsibility in their daughter’s disappearance.'
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Read more: http://www.dailymail.co.uk/news/article-2476728/From-arguido-assistente-McCanns-apply-prosecutor-status-let-Portuguese-case-files-suspects-face-trial.html#ixzz2ipOdXuH4
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Loopdaloop
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Re: Mccann's apply to be 'private prosecutors' so they can see ALL of the Portugese Files.

Post  cass on Sat 26 Oct - 13:48

cheeky bleeders arnt they

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Re: Mccann's apply to be 'private prosecutors' so they can see ALL of the Portugese Files.

Post  MaryB on Sat 26 Oct - 14:18

I read in another article that assistentes don't get to see all the files. As a matter of interest can you be an Arguido and Assistente at the same time. I read something that seemed to suggest you could.

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Re: Mccann's apply to be 'private prosecutors' so they can see ALL of the Portugese Files.

Post  kitti on Sat 26 Oct - 14:18

https://fbcdn-sphotos-h-a.akamaihd.net/hphotos-ak-ash3/1375678_703084769703561_380589098_n.jpg

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Re: Mccann's apply to be 'private prosecutors' so they can see ALL of the Portugese Files.

Post  mossman on Sat 26 Oct - 14:18

Mr Alves said today: 'I will be applying for the McCanns to become assistentes in this case but don’t know yet when.
'Madeleine is the victim as well as her parents who are also her legal representatives.



Two things:

1. He does not know when, is a slight change from yesterday when it was a given fact.

2. Is Madeleine a Ward of Court or not ? How can they be her legal representatives if she is a WOC ?

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Re: Mccann's apply to be 'private prosecutors' so they can see ALL of the Portugese Files.

Post  tanszi on Sat 26 Oct - 14:21

note if any suspects face trial.

think theres a bit of a way to go before this happens. this as I have learnt from Claudia79 is quite the norm in Portugal and where adbucted children are involved their legal representatives can ask to be assistente. who is Madeleines legal representative. I thought it was the British Courts are she is a Ward of Court and my thinking behind this is because Madeleine names was removed from the Libel Trial. at least I understood that was why her name was removed.

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Re: Mccann's apply to be 'private prosecutors' so they can see ALL of the Portugese Files.

Post  tanszi on Sat 26 Oct - 14:22

similar thoughts Mossman.

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Re: Mccann's apply to be 'private prosecutors' so they can see ALL of the Portugese Files.

Post  pennylane on Sat 26 Oct - 14:24

mossman wrote:Mr Alves said today: 'I will be applying for the McCanns to become assistentes in this case but don’t know yet when.
'Madeleine is the victim as well as her parents who are also her legal representatives.



Two things:

1. He does not know when, is a slight change from yesterday when it was a given fact.

2. Is Madeleine a Ward of Court or not ?  How can they be her legal representatives if she is a WOC ?
A refusal would prove very embarrassing, and very telling. Have they had second thoughts about applying?

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Re: Mccann's apply to be 'private prosecutors' so they can see ALL of the Portugese Files.

Post  kitti on Sat 26 Oct - 14:25

MaryB wrote:I read in another article that assistentes don't get to see all the files. As a matter of interest can you be an Arguido and Assistente at the same time. I read something that seemed to suggest you could.


o_apensoIX_vol_1_Page_041
Processo 10 page 2702

o_apensoIX_vol_1_Page_042
Processo 10 page 2703

o_apensoIX_vol_1_Page_043
Processo 10 page 2704

Letter from Pinto de Abreu

Date 25th September 2007


Gerald McCann and Kate Healy, identified in the case number above, having been notified as to whether they are interested in being constituted 'assistentes' in the process, both come to reply that they have every interest in being constituted 'assistentes'.

The constituted assistente in his/her position as collaborator of the Public Ministry is always subordinate to the PM, having the powers conferred upon him/her by article 69, no. 3 of the CPP, that is to say, all the rights of intervening in the process, offering proof and requiring the diligences they deem to be necessary, deducing independent charges and intervening in the decisions that affect them.

In this way, the status of assistente is not incompatible with the status of arguido, because it cannot be confirmed - with any degree of probability or even less of certainty - that the persons in question committed any crime or that either of them would have 'co-participated in the crime'.

The status of assistente, as well as that of arguido confers the rights of participation and intervention in the process (many of these even coincide), but even in this exercise, they never conflict because they are always subject to the application, pondering and decisions of the judge.

To this effect and according to article 68 .1 of the CPP 'assistentes in the penal process can be constituted as well as the persons and entities who confer them this right, in the case of the offended party being aged under 16, or due to any incapacity, the legal representative or the persons previously indicated, unless one of them has participated in the crime'.


There is no norm that prevents the constitution as assistentes of those requesting this status or that impedes them from exercising their rights as parents in representing the interests of their daughter Madeleine.

I would finally add that those making the requests, although arguidos, are innocent or at least presumed innocent, they are and do not cease to be the legal representatives of the girl Madeleine, they have a lawyer, they have paid their legal costs and in this sense, all things considered, having fulfilled all the requirements for the request, are also 'the owners of the interests that the law particularly wishes to protect'.

Last but not least, in the latest communication from the prosecutor, annexed to this note, the Public Ministry understands that 'no line or inquiry should be disregarded' which is why 'inquiries will continue under the functional direction of the Public Ministry, under the responsibility of the PJ', inquiries that cannot be prejudiced by those making the request, independently of the status conferred or imposed upon them.
We request that they should be admitted to the status of assistentes.
Lawyer
Carlos Pinto de Abreu

kitti
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Re: Mccann's apply to be 'private prosecutors' so they can see ALL of the Portugese Files.

Post  MaryB on Sat 26 Oct - 14:25

And a bit of a change from some papers printing McCanns set to become assistentes. And I thought they'd been told not to talk about the case.

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Re: Mccann's apply to be 'private prosecutors' so they can see ALL of the Portugese Files.

Post  mossman on Sat 26 Oct - 14:25

tanszi wrote:note if any suspects face trial.

think theres a bit of a way to go before this happens.  this as I have learnt from Claudia79 is quite the norm in Portugal and where adbucted children are involved their legal representatives can ask to be assistente.  who is Madeleines legal representative.  I thought it was the British Courts are she is a Ward of Court and my thinking behind this is because Madeleine names was removed from the Libel Trial.  at least I understood that was why her name was removed.
Tanszi, we keep missing each other, I was on the other thread when I noticed your post.

I agree with you, the WOC issue is important. Was it the book banning case that they had to remove her name from ? The reason I think this is because lately Isabelle Durate referred to there being 5 people in the libel suit, and was quoted as saying 250,000 each or something like that. Anyway I had the same thought then, were they not already told they could not sue on her behalf.

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Re: Mccann's apply to be 'private prosecutors' so they can see ALL of the Portugese Files.

Post  MaryB on Sat 26 Oct - 14:26

Thanks very much for explaining Kitti

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Re: Mccann's apply to be 'private prosecutors' so they can see ALL of the Portugese Files.

Post  kitti on Sat 26 Oct - 14:27

So straight after that they were made arquidos?

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Re: Mccann's apply to be 'private prosecutors' so they can see ALL of the Portugese Files.

Post  widowan on Sat 26 Oct - 15:29

Wow, it's kind of complicated.

They can be both assistants and arguidos at the same time it appears, they are interested in being assistants but it hasn't been filed for yet.

They do not have access to all the files, only after secrecy is lifted, and the judge would be deciding which ones they can see.

So they can't just go in and see all the information and then find ways to explain it away if they were inclined to do so.

I wonder if being made WOC in the UK somehow diminishes their rights to act as her parents in Portugal, they are under Portuguese law.

It sounds like this is less about them seeing what's in there than them PROVIDING information to "help" - while arguidos.

the prospect of a criminal trial is far off as such as time when they would be able to put questions to the accused and would probably do that through the lawyers, I doubt you would see Gerry up there doing the questioning despite that he'd do it better than any one else  

Clarence will have to spin this as he can but the information is there to see what's involved. There are some provisos such as them not being involved that still have not been removed, it doesn't look like.


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Re: Mccann's apply to be 'private prosecutors' so they can see ALL of the Portugese Files.

Post  tanszi on Sat 26 Oct - 15:52

there we are widowan when we ask those that know, we find that what has been released as a statement is only partly correct, and confirms the usual spin.

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Re: Mccann's apply to be 'private prosecutors' so they can see ALL of the Portugese Files.

Post  Panda on Sat 26 Oct - 16:52



The couple were told in a police briefing last week in Lisbon, new lines of inquiry which have led to the reopening of the investigation in Portugal, absolve them of any responsibility."

I am not so sure the McCanns will get their wish. Don't forget, not only did they not attend a recon , but they were made aguidos, I don't think the Portugese will be all that keen to see the Mccanns interfering in their legal system. They have cost the Portugese about E2 million in Police pay, now want to be able to tell their Lawyer what to say in their writ against Amaral, shows they are not sure of winning the case. It matters not to them that PDL has lost a lot of trade, Mrs McCann lost Rental income, some of the staff at the Ocean Club losing their jobs as a direct result of the McCanns , I hope they get turned down, if it wasnt for their negligence initially none of this would have happened.


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Re: Mccann's apply to be 'private prosecutors' so they can see ALL of the Portugese Files.

Post  widowan on Sat 26 Oct - 17:04

I think they need to be involved. It's a case of keeping your friends close and your enemies closer. The McCanns would not be happily cooperating without such statements and being accorded the same rights as other parents of missing children.

they are innocent until proven guilty - I presume that's the case at least.

They are much better media handlers now then they were initially and regardless of how many terms and provisos the PJ puts on the potential granting of this status, TM will spin this to their favor - any paid defense attorney worth his salt would be on this like white on rice.

I don't listen to their lawyer or spokesman for the facts of this or what it means, because they are working backwards from a conclusion they are paid to arrive at.

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Re: Mccann's apply to be 'private prosecutors' so they can see ALL of the Portugese Files.

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