https://joana-morais.blogspot.co.uk/2017/02/cmtv-debate-on-supreme-court-ruling-and.htmlCMTV Debate on the Supreme Court Ruling and the Maddie Case
by Joana Morais 4 hrs ago
"Nonetheless, even in the archiving dispatch serious reservations are made about the verisimilitude (reality of)
of the allegation that Madeleine had been abducted."
Short
debate on the Portuguese Supreme Court ruling and the Maddie case. Rua
Segura is a daily TV show broadcast by CMTV, presented by Sara Carrilho,
where criminal and current issues are debated and analysed. On this
episode the program had as guests Carlos Anjos, former PJ inspector and
former head of the Criminal Investigation Officers' Union and Manuel
Rodrigues, former PJ Chief Inspector. The first two minutes are
basically the same as the article published by Correio da Manhã "Judges
demolish McCanns' innocence".
Sara Carrilho - Manuel Rodrigues,
there isn't another way to say it, the Supreme Court of Justice was
implacable (scathing, adamant) with the McCann couple.
Manuel
Rodrigues - I have no idea what to call it, if implacable if something
else. What I think, is that probably for the very first time in many
years, the Supreme Court treated an issue that is a recurrent problem in
criminal processes, in a remarkably clear manner and also educational.
In other words, we have several people going around, freely, involved in
criminal processes, in respect to the parents it wasn't possible,
despite the numerous indications that were gathered, extremely varied of
all sorts, to substantiate the evidence. And then there is the
principle of in dubio pro reo (Lat. when in doubt, for the accused), so
in those situations the Courts cannot convict, as such the criminal
processes are archived. So we have, excuse my expression, plenty
"caramelo" (cocky, brazen-faced), claiming they are innocent, knowing
full well that they committed crimes, that they have stolen thousands if
not millions, in short, committed crimes all types...
Carlos Anjos - Of all types, we all know they have committed those crimes.
Manuel
Rodrigues - Exactly, everyone knows and they themselves know it too,
but Justice doesn't work with assumptions. Justice works with
substantiations of evidence and sometimes that is not possible. And it's
not possible not because the investigation was poorly done,
inadequately performed, defectively investigated, no! At times the
complexities of criminal matters are to a such degree that despite the
evidence, it's just not possible.
Sara Carrilho - In this particular case for example, there wasn't a reconstruction of the crime because there were no witnesses.
Manuel
Rodrigues - That's where I wanted to go. Besides the Supreme Court very
clear message when saying "Hold your horses. Just because the process
was archived, no one said that you are innocent!", and this was said for
the first time by someone with authority in Justice, clarifying and
bringing this argument to a closure. In addition, they went beyond by
saying that many of these problems would have been resolved, possibly
the process (criminal case) would have had a conclusion, if only the
lack of attendance of the witnesses hadn't scuppered an investigative
step that was crucial and was never possible to do, and that was the
reconstruction of the crime. That whole group involved in this
situation, some of which who might eventually not be good characters,
they all disappeared, they all got a ticket and got away. And when it
was asked for them to comeback, because they were needed to do the
reconstruction, no one came back. Now, everything has turned into a soap
opera, but with few stars, with those that are not worthy of being
followed, there are very unsavoury games in the midst of all this, there
are protections that have never been explained. The media, in my
opinion, never did a good job, or rather, failed in what was likely the
most important thing to do during all this time, that was to verify the
past of the group, understand the connections and the reasons behind the
protections, the media has never got to the bottom of those issues. I
do not want to go on for very much longer, except to say this: for me,
this ruling by the Supreme Court is a piece that should be framed and
should be displayed to the general populace.
Sara Carrilho - Wasn't that work made by the police? Of finding the background information of this group?
Manuel
Rodrigues - We're making an error of appreciation on this issue. The
police has to investigate this crime, and prove this crime. Obviously
there were background checks of this group, evidently some conclusions
were reached, conclusions which have already been widely mentioned, also
in this program, the most diverse: that the group eventually engaged in
swinging, others in cha-cha-chá, or another type of music, it doesn't
matter. All these are parallel processes to the crime itself. It was
also said that in that group there were people that were paedophiles,
that had connections to...
Carlos Anjos - Secret Services.
Manuel
Rodrigues - (nods affirmatively) So, all this should have been
thoroughly scrutinized, instead of saying that Gonçalo Amaral ate
grilled sardines or...
Carlos Anjos - That he drunk whisky, or whatever.
Manuel
Rodrigues - This are fait divers (anecdotes) to cause noise and disturb
the investigation, and sadly we have reached this point now where there
is a child missing since 2007, and we still don't know precisely what
happened to her.
Sara Carrilho - This year marks the ten years
since her disappearance. In relation to this ruling, Carlos Anjos, the
message that has been sent out is that the lack of evidence can never be
equated to innocence.
Carlos Anjos - Of course, that happens in
all processes, like Manuel said, there are many 'fine' people that think
that when a process is archived because the crime wasn't proved... One
thing is when the judges rule "the defendant is acquitted because he did
not commit the crime", this is an exoneration but when they aren't
convicted because the indicia didn't develop into sufficient proof for
an accusation that doesn't mean an absolution. This is the reason why I
agree with Manuel, this ruling is sublime, it's without any doubts one
of the best legal pieces that I have read recently in terms of quality.
Also in the way that presents the problems and explains them in a clear
and easily understandable way. We have a case where a man was
constituted as an arguido and didn't provide a statement, any man that
has his child missing wouldn't care about giving statements (to the
police), if my son disappeared I wouldn't care if they suspected me,
they could even arrest me as long as they would find my child, it
wouldn't be because they had suspicions that I would refuse to give a
statement. There is one thing that we know by reading the statements of
the whole group, is that they all lied, lied through their teeth,
because there isn't a single statement between those 7 or 8 people that
were there that night that matches with one another.
Sara Carrilho - And the only reconstruction done so far, was by CMTV that reveals those exact incongruences.
Carlos
Anjos - Yes, when they went back to England they were questioned and
again they had conflicting versions. When invited to come back, with
paid expenses, none of them came back, not even the McCanns, the parents
of the child. This reconstruction would have solved, one way or
another, those questions. On top of that, they accused Gonçalo Amaral of
breaching the professional secrecy, what breach of professional
secrecy? When Gonçalo Amaral wrote the book the process was already in
the public domain, it was no longer under judicial secrecy, and the CD's
(containing a digital copy of the process) had already be given to
numerous people.
Sara Carrilho - They themselves talked several times, the door had already been open.
Carlos
Anjos - That is also another point, they accused Amaral of writing the
book for profit, I am absolutely certain that Amaral would swap the
earnings from his book for a single interview the McCanns gave
throughout the world, namely when they went to Oprah. I'm sure he would
swap it, and that would have solved all the problems of a life time. If
there was someone in this case that profited, it's disputable to
understand who that was, but if you ask me I think that Gonçalo Amaral
when he wrote the book, he retired from the police to write the book,
while we are still to this day talking about the money the McCanns will
earn from the 10th anniversary interviews, because we are talking about
their daughter, we are not talking about the daughter of Gonçalo Amaral.
Therefore, there is a plan, which from an ethical standpoint,
concerning the way they have used the child's disappearance is difficult
to understand. Another thing, the McCanns have spoken substantially
more about their daughter's disappearance without saying anything
significant, they should have explained where they have spent the funds,
everyone contributed the Maddie fund. Or even the English government -
the protection Manuel was talking about earlier, why did they give 15
million euros to a single investigation, that is almost the operational
budget of the Judiciary Police for one year. And England is the European
country where more children go missing, children that don't have a
tenth of what the English government has invested on this case. Despite
everything, for the very first time in this process someone dotted the
i's and crossed the t's, because what the McCanns wanted was a
certificate that they were innocent and had nothing whatsoever to do
with the case. This ruling tell us that the abduction theory is
far-fetched.
Sara Carrilho - Ten years later what is certain is that we still don't know...
Carlos
Anjos - Ten years later, at least some Justice was done, it was proved
that the abduction of the child is highly unlikely.
Sara Carrilho - In relation to the whereabouts of the child, we still don't know where she is and ten years have passed.
Broadcast by CMTV, Rua Segura Se.17 EP.28 February 9, 2017