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

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 )


in Jornal de Notícias

related: Madeleine police files under wraps

One Word. COWARD!.

He's been lent on.....

But there is the possibility of letter rogatory.
GB wants to cover up the Governmental influence...
At any costs.

Is that all NORMAL, the refusals and and and ...

Again, what must the judge think?

suzyone wrote:He's been lent on.....

I don't think it's his decision:

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"

I think his name was on the list of witnesses because he. personally, agreed - and he has since been told he can't give evidence.

Yes, I think it is not his fault.

What is going on regarding the British Government?
Why is all so complicated?

Detective Sergeant de Freitas is probably under orders from our wonderfullly open and transparent UK establishment.

BUT he is a COP!!!
A GOOD cop!!!

He - especially he, a SY-copper! - should know what is okay and fair AS A COP.

He should "fight" with his Government!
No own will to do the right thing???

Come on Gordon Brown, grow some gonads, become a man and put a stop to this ridiculous charade.

DS de Freitas is Industry Liaison Officer for Operation Grafton - and part of his remit appears to be international liaison. Obviously, only when it suits!!

Operation GRAFTON was formed in March 2003 in response to industry concerns about the level of organised, high-value crime being committed near Heathrow. The unit is responsible for tackling serious and organised crime affecting Heathrow Airport. Close links are established with Thames Valley Police, Surrey Police and HM Revenue and Customs. Operation GRAFTON communicates to approximately 8,000 companies and organisations worldwide, and is often called upon to provide expertise and assistance to law enforcement agencies. Since it’s inception, the unit has seen a decrease in serious crime in excess of 95% and was a finalist in the 2005 Public Sector Team of The Year Awards. Operation GRAFTON strives to reduce organised crime further, thereby making Heathrow a safer place.

www.aimss.info/documents/Grafton.pdf+jose+de+Freitas.+scotland+yard&hl=en&gl=uk&sig=AHIEtbTCMBjZWqDVTE5B7dSaSJxHnCk3tw" target="_blank" rel="nofollow">http://docs.google.com/viewer?a=v&q=cache:SL7NpKDzUfwJ:www.aimss.info/documents/Grafton.pdf+jose+de+Freitas.+scotland+yard&hl=en&gl=uk&sig=AHIEtbTCMBjZWqDVTE5B7dSaSJxHnCk3tw

Please please can somebody or other confirm that this is NOT normal?
That the behaviour of the British Government is NOT normal?

I don´t know other cases Portugal-GB so I have no experience.

I always understood the British Police Force were immune from Government interference.......this decision is
a disgrace and it really is quite frightening the way everyone is being manipulated.
Just recently we read a FOC report where someone was trying to get information but was denied on the grounds
that it might damage the relationship between Britain and Portugal....just what is this doing.?

Since the Hearings are to be held behind closed doors whatever de Freitas had to say could be deleted. If
Scotland Yard have given "State Immunity" as their reason, it"s a load of nonsense. Nothing to do with Terrorism, State Secrets, Home Security etc, just a Police Officer being asked to testify in a Libel action on what he knows to be true because he was there.

Thanks Beattie.
I hope that this will show the judge how corrupt and fraudulent the British Government is.
And I hope that de F. forced absence will shed a bad light on the McCanns in court.
My god, I have the feeling again that this is a cover-up.
Too many (legal???) unnormalities.

Morning, IIRC all the British officers were required to sign the official secrets act back in 2007? Can't remember where I read it though.

I see nothing abmormal in this decision at all and it is certainly not grounds to suspect a conspiracy IMO. I just hope it means the investigation is still ongoing in the UK.

Rogatory letters..it's like Groundhog Day on here!!!

amethyst wrote:Morning, IIRC all the British officers were required to sign the official secrets act back in 2007? Can't remember where I read it though.

In 2007.....the Year Madeleine disappeared? If this was only the Officers involved in the Madeleine case,
why the paranoia? It is understandable for say LP, but those liaising with the Portugese Police should have had
their first loyalty to them, not the British Government.

Lilemor wrote:Yes, I think it is not his fault.

What is going on regarding the British Government?
Why is all so complicated?

Gordon Brown is a narssisic, control feak, bullying GOON, that's what the problem is.

Laffin Assasin wrote:

Lilemor wrote:Yes, I think it is not his fault.

What is going on regarding the British Government?
Why is all so complicated?

Gordon Brown is a narssisic, control feak, bullying GOON, that's what the problem is.

But do you like him?

AnnaEsse wrote:

Laffin Assasin wrote:

Lilemor wrote:Yes, I think it is not his fault.

What is going on regarding the British Government?
Why is all so complicated?

Gordon Brown is a narssisic, control feak, bullying GOON, that's what the problem is.

But do you like him?

Even his own "TEAM" dont like him and they had a good Idea that others wouldn't !!!

http://www.dailymail.co.uk/news/article-1241989/Peter-weve-spent-10-years-working-Gordon-dont-like-The-public-know-like-too.html

Peter, we've spent 10 years working with Gordon and we don't like him. The more the public get to know, the less they will like him too
By Peter Watt
Last updated at 10:26 AM on 10th January 2010


Read more: http://www.dailymail.co.uk/news/article-1241989/Peter-weve-spent-10-years-working-Gordon-dont-like-The-public-know-like-too.html#ixzz0cJoF4pLf

No one can have access to details of an ongoing police investigation file in accordance with the applicable law in England and Wales and there is nothing strange or unusual about this decision. Neither is it anything at all to do with Gordon Brown!

ALL police officers are subject to the Official Secrets Act and the public interest is in favour of making sure the police can investigate cases confidentially and prosecute the guilty, together with protecting suspects from harm in the meantime and, I would add, their children, ie the twins!

If anyone needed confirmation about an ongoing case against the McCanns, this is it.

viv wrote:No one can have access to details of an ongoing police investigation file in accordance with the applicable law in England and Wales and there is nothing strange or unusual about this decision. Neither is it anything at all to do with Gordon Brown!

ALL police officers are subject to the Official Secrets Act and the public interest is in favour of making sure the police can investigate cases confidentially and prosecute the guilty, together with protecting suspects from harm in the meantime and, I would add, their children, ie the twins!

If anyone needed confirmation about an ongoing case against the McCanns, this is it.

Viv, I agree, this is what I think (hope?) too. It makes sense as far as I can see.

Viv - I really hope that you are right about an ongoing investigation. Don't think I could bear to see smug faces tomorrow if the court rules in favour of the doctors. Please God let the truth be told and reported correctly by the UK press. But whatever happens especially if the libel charge is dropped their PR will go into overdrive to prevent any of the police files being made public in the UK.

Cannot believe that this circus is allowed to carry on and that seemingly 2 people have so much power. Or is it just they have enough of other people's money to squander on the best lawyers.

Well you know you do not need to take my word for it about an ongoing criminal investigation against the McCanns, although god knows I have been banging on about it long enough

Do you really think that Public Interest Act letters would be answered saying there was or that LP would set out a schedule of documents and explain why they object to disclosing them, that they intend to bring the offenders to justice if this was all just one big lie?

Hi Viv,

It makes you woder how the McCanns, who although they had their arguido status lifted could still be charged
if new evidence was found, were able to obtain 89 Files from Leicester Police by order of the High Court.

or is this just another stalling tactic- we all know how long rogatory letters can take don't we?