7 Jun 2008
VIOLATED SECRECY OF JUSTICE -PUBLISHING COURT JUDGMENT
What the Judge did not want us to know about just yet, exactly who was he calling and texting with from 27 April onwards and specifically 14 texts on 2 May and 4 more on 4 May from a mystery texter. Gerry does not want to tell anyone either!
Hi all, In UK when court judgments of an appeal court are made it is standard practice to publish at least the useful ones for the purposes of case law or that may set a precedent on the internet, these can be obtain on Bailii. Here, in similar fashion, the Prosecutor in Portugal appealed against the decision of Judge Frias the instructional judge to the Supreme Court of Evora and, as a matter of routine, that judgment got published. Just like in UK a panel decides which cases should be published and somehow they decided this one should be! We have all seen it, but now it has been withdrawn as it discloses that Kate and Gerry are being investigated for kidnapping, murder, concealment of corpse and abandonment which violated the secrecy of justice. It ias also disclosed they were specifically looking at calls made and received by GM (Gerry McCann. Publication of facts and details identifying those under investigation rather than mere points of law in cases still in secrecy of justice should not happen. Apparently on the judgment database a link was made to other cases where approval for such interception had been given so we can see why this particular case could have been seen to be raising an interesting legal decision to say the least! Apparently although this has not impeded the investigation in any way the judge took exception to its publication because now we can see exactly who is being investigated and for what. Well really, aside from the additon of kidnapping and the term " murder" it was not much we did not already know. But to me I am afraid it has raised the possibility in my mind that in fact Robert Murat may be involved. I have previously sought to argue that maybe he was kept an arguido purely to keep him quiet but I really do wonder about that, as I said in a previous thread there obviously are links between him, OB and Gerry and Gerry was clearly upset when asked "do you know Robert Murat". I do think this case is worse than many people thought and the judge regrets we found that out, but we did! It is clear they are investigating the possibility of murder by wanting to know details of call/texts Gerry received particularly on 2 May the day before it happened and also including right from the start of his holiday on 27 April, which it will come as no surprise to hear, Gerry has refused to voluntarily hand over. It is right to point out that at the investigation stage, where parents are suspected of killing their child they will be investigated for murder, the police would be failing in their duties if they just ignored possible evidence of intent or planning etc, this certainly does not mean to say the prosecutor will actually take a decision to charge them with that. He may take the view that manslaugther is a better charge. On that we will have to wait and see, but it certainly looks very grim to me, as I have previously reported. Often a charge of murder will be made, but then a plea accepted to a lesser offence or indeed the court could find them guilty of a lesser offence such as manslaughter.
OTribunal of Appeal of Évora have violated the secret of Justice, by period, posting a judgement on the case Maddie on the site of the Institute of Information Technology in Justice (ITIJ). The content of the judgement, reject an appeal from the Ministry Public access to the content of messages of the phone McCann, as was reported by 24 hours last Tuesday Monday, May 27 days, was available online. A few days after our headline, the judgement was removed from the database of ITIJ, with order of the Court the ratio of Evora, confirmed the 24 hours. COURT OF RESPECT NOT HAVE PUBLISHED DEVIA JUDGEMENT ON CASE MADDIE Judge forgotten the secret The judgement on the Maddie case was removed from the site of List of Evora. Its publication has violated the secrecy of Justice PUB cia was a "hunt" for general offences. According apurámos, not has been the care necessary with the concealment of data -- Rule of thumb to judgments that can publish establish case law, yet for more on processes in secret of justice as is the case. Although the ruling does not mention the names of Kate and Gerry McCann, who has consulted was soon to learn that this was the case Maddie. For example, stated that the process corresponding term in services public prosecutor by the District of Portimão crimes of kidnapping, murder, Concealment of corpse, exposure or abandonment. Referring even if the process is on the smaller identified by MM (read up Madeleine McCann). Or that the public prosecutor of Portimão requested "listings full of traffic the telephone calls received and made "the phone of GM (Gerry read up McCann). In the opinion of the judge desembargador the ratio of Lisbon, Rui Rangel, "can not there publication of judgements on processes still in secret of Justice. " Admittedly, on the judgement under consideration, that there may have been "A distraction" by from whom the public. According to a prosecutor the prosecutor contacted by 24 hours, a judgement can not make known facts or acts of a process under secrecy of justice. "Since this is, in the case, assessment of the relationship an intermediate appeal, should limited to points of law. " Responsibility for publication of the judgement in the database was the desembargador Chambel Moorish (see box) - which includes a committee of three desembargadores responsible for selecting the judgements that are published. ■ In the judgement published in Internet refers to the "call received and made "by "GM" - Gerry McCann "It withdrew the judgement of the site because I believe that there was violation of the secrecy of justice but for wanting to improve - it linked with other cases access to traffic of communications, "justified - to 24 hours if the desembargador Chambel Moorish. "In my view, the only secret of justice is violated when it publishes something which affects the line of research. Here, it was only a decision on a technical detail. " But the Judge said that vai "see the best judgement, "because "The press succeeded determine who was on the Maddie case. "