McCanns Request for Assistente Status

Outros Apensos Vol IX


Pages 39 – 40

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 all 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

(Thanks to Skeptical)


Processo Vol 10...Page 2506

POWER Of ATTORNEY

Gerald Patrick McCann, holding Passport No : 70XXXXXXX, issued by the British Government, and Kate Marie Healy, holding a Passport No : 03XXXXXXX, issued by the British Government, both married and residents at Orchard House, 5 The Crescent, Rothley, Leicestershire, LE7 7RW, UK, hereby appoint as Attorney, Mr Carlos Pinto de Abreu, Lawyer with Office at Alameda Quinta de Santo António, 13-C, 1600-675, Lisbon, to whom they confer the most ample powers admitted by Law, so that he may jointly or severally represent them before the Judicial, Judiciary and Police Authorities, granting him Judicial Powers to execute every and all acts that may be required and/or are advisable for the entirety to this Power Of Attorney. The Powers hereby conferred may be substituted partially or fully, once or more than once.

Gerald P McCann
(Signed)

Kate M Healy
(Signed)

Praia da Luz, Lagos, 23rd August 2007

Outros Apensos Vol I page 2502

To The Criminal Judge
Public Ministry


Gerald McCann, a doctor, passport nº ******** and Kate Healy, doctor, Passport nº*******, married and resident at Orchard House, Rothley, in their condition as parents of their oldest child Madeleine McCann, being the holders of the interest directly protected by the norms violated which led to the current investigation instigated in Lagos and agreed bythe Public Prosecutor refer respectfully to article 68 nº 1 of the Penal Code, request their constitution as assistentes in the case and annex herewith the receipts of justice tax payments and certificates emitted in favour of their representative as well as certified translations.

Signed


Carlos Pinto de Abreu


Date (from bottom of fax) 24-08-2007

Outros Apensos Vol I Page 2520


From Public Ministry

Conclusion 29 – 08 – 2007

Within the scope of the current investigation into the disappearance of Madeleine McCann, a British citizen, born on the 12-05-2003 from a bedroom in the OC resort where she was staying with her family, made up of her parents Gerald McCann and Kate Healy and her twin siblings.

They are now requesting to be constituted as Assistentes.

That is how the case is presented to the judge, bearing in mind that the current state of the case, it is repeated that they are the parents and have a legitimate right (article 68 nº 1), they have each paid the taxes and hired a lawyer, I do not have any objection to the constitution of Gerald McCann and Kate Healy as assistentes in the case.

Signed


Dr Magalhaes e Menezes

Outros Apensos Vol I Page 2522

From Family Court of Portimao

Conclusion:


Date: 30-08-2007


From the Desk of the Secretary General

Carlos Jose Leonco Farinha


(Handwritten)

Folios 2510 & 55

Comply in relation to arguido constituted according to the dispositions of article 68 nº 4 of the penal process.

Signed

Portimao 30th August, 2007

Outros Apensos IX Vol I


Pages 2624 - 2625 (pdf 29 and 30)


Portimao Public Services Ministry

Conclusion 11-09-2007

Note: First part of text looks like its been deleted (point number 1 is missing).

2. As a result of the terms of folios 2553 and 2565, those making the request on folio 2510, Gerald Patrick McCann and Kate Marie Healy were in the meantime constituted as arguidos because there was an alteration in their position in theprocess , incompatible with their quality of assistentes, due to which we now oppose their intervention as such, which we now make clear.


Signed

Public prosecutor

Dr José Magalhaes e Menezes

http://www.gerrymccannsblogs.co.uk/oa/O ... ge_029.jpg

http://www.gerrymccannsblogs.co.uk/oa/O ... ge_030.jpg

Full text of previous post is in Vol X


Processos Vol X

Pages 2624 - 2625



Conclusion 11 – 09 – 2007

In compliance with the search warrants determined in folios 2082/2083, two diaries and a note book were apprehended from the McCann family residence, which were in the couple’s bedroom wardrobe, in accordance with search warrant folio 2097, which were photocopied and the original handed back according to delivery note 2125.

The photocopies may contain important elements for discovering the truth.

Therefore they are admitted to the process.


1. I suggest the apprehension is validated and that the translation of the photocopies is carried out as well as the eventual collection of elements to bring to theprocess if they are necessary to the investigation.

2. As a result of the terms of folios 2553 and 2565, those making the request on folio 2510, Gerald Patrick McCann and Kate Marie Healy were in the meantime constituted as arguidos because there was an alteration in their position in the process, incompatible with their quality of assistentes, due to which we now oppose their intervention as such, which we now make clear.


Signed

Public Prosecutor

Dr José Magalhaes e Menezes


http://www.gerrymccannsblogs.co.uk/PJ/M ... m#p10p2624