Posted by jailhouselaywer on the comments section on Joana Morais
And from the blog of jailhouselawyer:
"One phone call.
One email can end one family’s nightmare”.
Your wish is my command, but be careful what you wish for…
I have made one phone call to my solicitor’s. And, so far, sent one email to his address…
I remember a gangster once saying to me: “I could bust your head, break both your arms and legs and I would still have to keep looking over my shoulder because you don’t give up”.
I chuckled because he was showing me respect. The McCanns did not show Madeleine respect for her right to life. I have no respect for Gerry and Kate McCann, this is why I am bringing court actions.
It is not one action but a combination. However, as always the devil is in the detail.
“IN THE MATTER OF MADELEINE BETH MCCANN
Judgment of Mrs Justice Hogg at the High Court, Family Division, RCJ, London,
7th July 2008, in open court
Madeleine went missing on 3 May 2007 just a few days before her 4th birthday, while she was holidaying with her family in the Algarve in Portugal.
On 17 May 2007 Madeleine’s parents invoked the jurisdiction of this Court under the Inherent Jurisdiction of the Court, and The Child Abduction and Custody Act, and the Hague Convention. They sought various orders and directions aimed at ascertaining the whereabouts and recovery of Madeleine. I became involved with the proceedings shortly afterwards.
On 2 April 2008 Madeleine became a Ward of this Court, and since that date has remained a Ward.
At all times jurisdiction was assumed by the Court because, there being no evidence to the contrary, it is presumed Madeleine is alive”.
When I first heard that the McCanns intended to apply to make Madeleine a Ward of Court I suspected that what was behind it was trying to protect the McCanns copyright to profit from the sale of Madeleine wristbands etc. In any event, I wondered how a dead child could be made a Ward of Court. As you can see from Mrs Justice Hogg’s partial judgment above her reasoning is based upon an assumption. Having studied critical criminology, the aim being to knock down the assumptions of the positivist’s approach to criminology, I attack the assumption. Ironically, with another assumption.
“In law, death in absentia is the status of a person who has been declared presumed dead when the person disappears but no identifiable remains can be located or recovered”. As I understand it, we are talking about the civil standard of on the balance of probabilities as opposed to the criminal beyond all reasonable doubt.
Mrs Justice Hogg has erred in law. Neither the The Child Abduction and Custody Act 1985, nor the Hague Convention apply in this case.
The correct legal position, in my view, is that Madeleine can be declared dead and a death certificate issued. Therefore, I am applying for this. There are two ways the authorities can respond, simply issue the death certificate and be done with it, or order an inquest with a coroner and jury. Obviously, I would prefer the latter.