Maddie Case: British Cop invokes state secrets privilege to refuse to testify

Maddie Case: British Cop invokes state secrets privilege to refuse to testify
11 JANUARY 2010 | POSTED BY JOANA MORAIS



Jose De Freitas, Detective Sergeant
Metropolitan Police, UK, Liaison officer

Trial on book about Maddie without key witness from the English investigation side

by Nuno Miguel Maia

A detective sergeant from Scotland Yard invokes "State immunity" and obligation of secrecy on the investigations of the Maddie case to refuse to testify tomorrow, Tuesday, at the beginning of the trial that opposes the McCann couple to the former coordinator of the PJ, Gonçalo Amaral.

The hearing of witnesses tomorrow at the Civil Court of Lisbon, will be limited to the elements that were requested by the former head of the Judiciary Police of Portimão, most of which also collaborated in the investigation to the English girl's disappearance. The case concerns the order to withdraw from the market all the books "The Truth of the Lie", on which is defended the thesis of Maddie's death and the parental involvement in hiding the cadaver.

The English cop, incidentally with a Portuguese name (José de Freitas), was the liaison officer between the Portuguese and English authorities and the McCann couple. On several occasions he accompanied Kate and Gerry, who would be constituted as arguidos, after being confronted with evidence of human blood and cadaver odor in the apartment at the Ocean Club in Praia da Luz, Lagos. The traces - remember - were detected by the English dogs "Eddie" and "Keela".

As an usual standard in the procedures of the British, all the contacts and signals expressed by the McCanns were registered, including those that contributed to support the decision to constitute them as suspects. And it's relating to that, and to other data, that Gonçalo Amaral seeks a statement.

"Any potential evidence [testimonial] that I can give may be subject to confidentiality and Immunity of the English Public Interest. Furthermore, since all the services that I performed were official, it is applied the principle of State immunity and it will be necessary the consent of the United Kingdom authorities to waive that State immunity before I could be subject to the jurisdiction of the Portuguese courts and to be able to give any evidence, whether relevant or not. The State immunity covering my official acts is that of the United Kingdom and not mine, and can not be renounced by me, but only by the United Kingdom", wrote José de Freitas to the judge of the Civil Court of Lisbon after having been notified, in a letter that JN had access.

The police officer suggests that his witness statement should be instead requested through a letter rogatory or through the British Ambassador [Mr. Alexander Ellis] in Portugal. But subjected to a prior authorization by the English authorities, who have just set a tight regime of secrecy of the process in England. (read the next article )

and of course SY expect total support and cooperation from the PJ through rogatory letters. What I would like to know is who advised the policeman to go this route and why, what does he know that they are afraid will get into the public domain, which it will as it is a civil case, just asking.

Yeah, EVERYONE should co-operate, unless of course, you are Jose De Freitas, Detective Sergeant Metropolitan Police, UK, Liaison officer.

METROPOLITAN POLICE!

Wonder if 'our' Andy has had a word with this chap?

And if not, then why not?

Iv'e just posted on another thread that I think this is the Officer who Kate phoned while Gerry was away , crying to him that she had dreamt that Madeleine was dead and buried near cliffs. Maybe he told Amaral and Amaral wants to use the info in his defence.

If it is this why can't we find it and send it to Amaral , it's public if it is on the internet.

This Officer is not a Priest and should be allowed to tell the truth .

It wasn't Jose De Freitas of the Met that KM spoke to.

It was Ricardo Paiva of the PJ.

That's how I remember it too, almostgothic.

I wonder, could it be that he might have to testify at some later criminal trial someday, and has been told not to speak in the libel trial. Is that wishful thinking? Am I getting the wires crossed?

A 'state secret'? That probably only means use of GCHQ obtained data, and those geeks are not very secret, or very special, or very unknown in their manner of working: all 5,000 of them listening in at Cheltenham. I would have thought that the probable death of a child easily capped that level of 'state secrecy'. It's hardly 'how to make a hydrogen bomb' joke joke... Maybe Redwood will arrange with the Home Office, or the Foreign Office, or whoever, for this daft ban to be lifted, if push comes to shove in a later criminal trial. Aught else would be scandalous!

Is that man the liaison officer that Kate had "moved on" after he asked her some unhelpful and hurtful questions ?

The article is dated 2010 though so I assume it relates to the case originally heard in relation to the book ban.

almostgothic wrote:It wasn't Jose De Freitas of the Met that KM spoke to.

It was Ricardo Paiva of the PJ.

Are you sure almostgothic? I'm not sure about the name de Freitas, but the Policeman was part of the Police Team under Stuart Prior . He is British with one or other of his Parents being Portugese. Why would a Portugese Policeman refuse to testify?

mossman wrote:Is that man the liaison officer that Kate had "moved on" after he asked her some unhelpful and hurtful questions ?

The article is dated 2010 though so I assume it relates to the case originally heard in relation to the book ban.

The policeman I am thinking of is the one Kate phoned while Gary was away , crying . saying Madeleine was dead. I'm sure it will be in mccannfiles.

De Freitas is the one who didn't testify. He works for the Met.
Paiva was phoned by KM re the dream. He works for the PJ.
Prior works for Leicestershire police.

http://www.telegraph.co.uk/news/worldnews/europe/portugal/6977977/Madeleine-McCann-mothers-dream-was-turning-point-in-investigation-court-hears.html

Panda wrote:

mossman wrote:Is that man the liaison officer that Kate had "moved on" after he asked her some unhelpful and hurtful questions ?

The article is dated 2010 though so I assume it relates to the case originally heard in relation to the book ban.

The policeman I am thinking of is the one Kate phoned while Gary was away , crying . saying Madeleine was dead. I'm sure it will  be in mccannfiles.

No, that was definitely Ricardo Pavia who took the crying call. Of that I am certain.

There was a Family Liaison Officer sent to Portugal from the UK to assist the McCanns. I remember reading he was sent packing by Kate after he started to ask awkward questions, like if she knew where Madeleine was. As far as I remember Kate referred to it in her book. It would make sense they sent somebody with knowledge of Portuguese if they had such an officer, so it likely was this officer.

Positive me thinks he might have been instructed to stay quiet by SY - were they investigating at that time ?

Cynical me thinks what he knows would have been unhelpful to the McCanns claims of depression so was politely asked to stay quiet.

Time will tell I suppose, but how much longer its going to take is another matter.

almostgothic wrote:De Freitas is the one who didn't testify. He works for the Met.
Paiva was phoned by KM re the dream. He works for the PJ.
Prior works for Leicestershire police.

http://www.telegraph.co.uk/news/worldnews/europe/portugal/6977977/Madeleine-McCann-mothers-dream-was-turning-point-in-investigation-court-hears.html

 
So who is the British police Officer who is refusing to testify?
 
Raiva wouldn't be affected because he is Portugese
 
I had a look under "Kate's phone call to Police Officer while Gerry is away.....nothing. I"ll have a little bet with you that it was de Freitas, she knew him because he spoke Portugese  and he was liaising with the both of them . Would she really tell a Portugese Officer that she thought her daughter was dead......I don't think so LOL

Kate had the nickname HotlipsHealy when she was in Uni , de Freitas is a Detective Inspector , Kate has had a few drinks, must have had the mobile number of de Freitas and wanted a bit of company , or maybe her conscience got to her.

mossman wrote:Is that man the liaison officer that Kate had "moved on" after he asked her some unhelpful and hurtful questions ?

The article is dated 2010 though so I assume it relates to the case originally heard in relation to the book ban.

Yes old article. The refusal to testify refers to the book ban trial not the current trial.

jinvta wrote:

mossman wrote:Is that man the liaison officer that Kate had "moved on" after he asked her some unhelpful and hurtful questions ?

The article is dated 2010 though so I assume it relates to the case originally heard in relation to the book ban.

Yes old article. The refusal to testify refers to the book ban trial not the current trial.

Precisely!