FEARS OF A BOTCHED TRIAL CAUSED THE PJ TO WAIT

Hi All

Just found this article written on 11/9/07 which is very helpful. However, it wrongly states that bug evidence is not admissible in the UK - it most certainly is!

It is helpful in confirming that the blood found on the floor and windowsill of the apartment was fresh when deposited but the blood "and other body fluids" found in the hire car congealed differently..in other words from a corpse. I am sure this is why the police are so convinced Madeleine is dead.

It is also interesting in indicating that only Gerry McCanns is implicated in disposal of the body. We know of Kate's reaction to that "they have taken her" and collapsing in hysterics. I read an article by Nanny Pennington who was one of the first on the scene. She said she is trained to deal with parents in this state and had dealt with the situation of parents missing a child before but never before had she seen a parent in the state that Kate McCann was in. Those words are ominous. In my view, when a parent is missing a child they are going to be worried and upset, but they are not going to be completely overwhelmed - they will be sure the child can be found. Kate knew that was not an option for her. Madeleine was dead and she could not even hold her body - Gerry had it removed. That must have absolutely devastating..particularly after having to act normal all night through dinner. The impact of such terrible trauma does not seem to occur to Gerry McCann.

The impact upon the twins does not seem to occur to either of them. I recall Kate McCann on Panorama/Antenna 3 interviews saying words to the effect of well yes they talk about her but they are not really bothered, it is not affecting them. Now, we hear the twins play let us hunt the monster who took Maddie? Is this their idea of the twins not being affected?

Again, the article is helpful in explaining the perhaps unhelpful translation of Portuguese law on manslaughter calling it "accidental death". This gives us the impression the McCanns were no more than negligent in somehow failing to protect Maddie from having an accident. That is not what our own law on manslaughter says - it says that parents could be negligent or reckless as to causing death. So, a parent could be reckless by hitting a child, knocking their head up the wall and causing the child's death - that would be manslaughter. If it could be proved the parent actually intended to cause the child really serious injury or death - that would be murder. So often in cases like this proving that intention is very difficult and so manslaughter is accepted instead. Sometimes the parent will be charged with murder but the prosecution accept they cannot prove this and accept a plea of guilty to manslaughter. Sometimes the jury are given the option to find them guilty of manslaughter rather than murder if they do not believe the parent actuall intended the result. If the prosecution can find evidence of planning then intention can be proved. Did Gerry McCann already know Murat? Why did he get so angry when asked that question? Some people, like myself, may find this very suspicious. Likewise, why did he get so angry when asked if the children were drugged and on another occasion start pulling his ear lobe and looking decidely uncomfortable as he struggled to deny the accusation. Maybe they add further fuel to the fire by producing tests on the twins several months later "proving" they did not drug them. It was most unnatural for them not to wake up when their mom, by all accounts, was going completely hysterical and screaming from the balcony "they have taken her". What sort of parents drug their children to make sure they sleep? Were the twins drugged to make sure they slept through a massive clean up operation and removal of little Maddie? Did they witness what had happened to little Maddie? There is evidence she was initially put behind the sofa from blood and hair found there. Was she grabbed by the hair?

Why did the PJ ask fishermen to look for bin liners? They must have evidential reasons for this.

I wonder if the McCanns have been notified in writing of an impending prosecution - is this why all funds will be dissipated by June as announced by Clarence Mitchell. Clearly, they are going to know a lot more than we do! We are under no illusions Clarence only tells us what he wants us to hear. We are not exactly getting an impartial news report from him as he did in other homicide cases when working as a reporter for the BBC.

I think Philomena McCann and Mrs Healy's suggestions the PJ planted evidence to frame the McCanns is ludicrous - where did they get Maddie's blood and body fluids from to do that. Would it not have been far easier for them to just agree to the abduction theory - refer to the exhaustive searches they clearly have done for Maddie - dead or alive, and say they cannot find her? This is not a failure on the part of the police that would give parents a cause of action to sue as the McCanns have suggested. It is a question of them doing everything they reasonably could to find Madeleine but not being able to do so. The words of Gerry McCann himself are inflammatory and highly suspicious "well find the body and prove we killed her". Would this not suggest he knows the body is impossible to find and further that he could not care less about his daughter - just that he angrily defends himself.

Viv x

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EXCLUSIVE: Dramatic new blood sample evidence Cops 'tapped' couple's phone for cluesKey forensic tests back police suspicions that Kate McCann accidentally killed her daughter Madeleine and the body was then moved by car, it was claimed yesterday.Experts found differences in Madeleine's blood traces taken from the family apartment in Praia da Luz and the Renault Scenic Kate and husband Gerry rented 25 days after the four-year-old vanished on May 3.They say specks found on the floor and window sill of the apartment were fresh before they dried.But blood and other bodily fluids found in the boot lining and interior of the Renault congealed differently, indicating they came from Madeleine's body at a later time.

The samples reportedly had a "full match" with Madeleine's DNA.Police have since commissioned further tests and analysis of samples based on answers given by Kate and Gerry during interviews. They suspect Gerry helped cover up his daughter's death by disposing of her body then lying about events.

The results from Britain's Forensic Science Service emerged as detectives prepared to give prosecutors a dossier calling for Kate to be charged with "accidental homicide", the Portuguese equivalent of manslaughter in British law.A source said: "The feeling is that the forensics support the theory that Madeleine died accidentally inside the apartment on the night she vanished, and she was then moved."These are sensitive tests but they have been carried out by some of the best scientists in the world. Detectives believe they fit into a wider pattern of evidence which points to the McCanns."There has been talk of 70 or 80 per cent matches. The FSS doesn't do that. It's either a match or it's not. It's either significant or it's not. In this case, it's significant.

"Last night it was also believed phone taps may have been used. Unlike Britain, covert recordings are allowed as evidence in Portuguese courts.Yesterday officers in Praia da Luz began a fresh search of the villa the McCanns rented after leaving their holiday apartment. They are looking for more traces of blood, fibres and other bodily fluids which may be linked to Madeleine.Further searches at other nearby sites will be carried out.

One place under scrutiny is in the nearby town of Lagos where officers will check drainage systems and construction sites.Fishermen have reported being asked to search coves along the Algarve coast for bin liners.

The police dossier of evidence against the McCanns contains hundreds of pages of interview transcripts, witness statements, forensic reports and analysis by detectives.It will be handed this morning to Jose Cunha de Magalhaes de Menezes who will decide if the couple, both 39, have a case to answer.Mr de Menezes is expected to wait for a further update from British scientists before announcing if Kate and Gerry should face trial.

Police spokesman Chief Inspector Olegario Sousa said yesterday: "At the moment the inquiry is being prepared to be handed to the prosecutor. He will analyse it then make his decision."Hunt leader Guilhermino Encarnacao added: "The theory of the death of Madeleine is progressively gaining more consistency. The investigation continues with all means."

A source close to the inquiry said all major results had been handed to British police and the Portuguese authorities. The insider added: "We have reached the tail end."There were claims that the prosecutor would have charged the McCanns last week. But it is thought he was pressured into waiting by the Portuguese Attorney General.Police believe the implications of a botched trial for relations between Portugal and the UK, and the effects on tourism, played a part.The prosecutor now has three options - to bring charges, rule no action should be taken, or return the papers to police requesting more evidence.

Under Portuguese law the McCanns have to be notified of any impending prosecution in writing.It could mean months of waiting for the heartbroken couple who vehemently insist they had nothing to do with Madeleine's disappearance and believe their daughter was abducted.

Relatives say it is ludicrous to think Kate and Gerry could have hidden a body for 25 days then moved it while constantly in the public eye.One witness believes she saw a mystery man carrying a child near the McCanns' apartment on the night Madeleine disappeared.

Furious relatives accuse the police of attempting to frame Kate and Gerry. Other supporters have even suggested crucial evidence has been planted to avoid accusations of a bungled inquiry.Madeleine's aunt, Philomena, said: "All I can suggest is that the Portuguese police are clutching at straws to get this case cleared up."Kate and Gerry have been a thorn in their sides for a long time. What better than to cast them as villains ?"

The McCanns were named as suspects last week after being questioned as witnesses.Detectives told Kate during questioning that if she confessed to accidentally killing Madeleine she would get a reduced sentence of two years.

The couple were not set bail conditions and were allowed to return home to Rothley, Leics, with twins Sean and Amelie, two, on Sunday.They insisted they were not running away and would continue to co-operate.They have since hired top barrister Michael Caplan QC, an expert in extradition law who represented Chilean dictator General Pinochet in 1999.

He will be instructed by solicitor Angus McBride who defended actor Chris Langham, convicted of downloading child porn.A family friend said the McCanns were being advised on "much more than just extradition" but would not give any further details.

Kate and Gerry now have the headache of meeting hefty legal bills to try to prove their innocence.So far more than £1million of donated money has flowed into the fund set up to find Madeleine. But using fund money is not an option.

FORENSIC EVIDENCEAnalysed by Detective Chief Inspector Peter Kirkham, former Scotland Yard murder squad investigatorClue: Blood on window sill of apartment at Ocean World resort which matches Madeleine's DNA profileDci Kirkham says: "She could have reached this herself which means it is not necessarily suspicious. She could have cut herself or bumped into it so it is of interest but not significant on its own."

Clue: Blood on floor of apartment at Ocean World resort which dried fresh and matched Madeleine's DNA profileDci Kirkham says: "Children can fall over and bump themselves and it's unlikely that they do themselves a lot of harm. The significance of this depends on how much and the spray or pattern it forms."

Clue: Police teams still searching for Madeleine in surrounding and wider area of PortugalDci Kirkham says: "To find a body in any murder is absolutely crucial even after several months. It moves an investigation forward a million miles with new leads. There are soil samples to examine, other forensic traces to detect and items to examine. Without a body, you are at step one, with a body you are at step nine."

Clue: Blood, hairs and other bodily fluids in interior and boot lining of Renault ScenicDci Kirkham says: "This is much harder to explain away innocently. If there is more than a few spots that suggests something sinister. If there is bodily fluid from a decomposing corpse it is almost impossible to come up with an innocent explanation."

Clue: Search of the nearby villa which Kate and Gerry McCann rented after they left Ocean World ResortDci Kirkham says: "If the police believe a corpse has been moved they will ask, 'Where was it wrapped?' If there are traces in the car there would have been traces on clothes. If there were traces on clothes they could have been transferred to the villa.

"Clue: Cuddle Cat, which Kate says she left with Madeleine but she says was found on a shelf afterwardsDci Kirkham says: "This was given as evidence that Madeleine did not wander off. But Portuguese police will not take it at face value now Kate is a suspect."By Jon Clements And Ryan Parry In Praia Da Luz 11/09/2007