15 Jul 2009
ARGUIDOS BUT LAWYER WANTS THEM TO BE ASSISTANTS!
Outros Apensos Vol IXPages 39 – 40Letter from Pinto de AbreuDate 25th September 2007Gerald 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 every 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.LawyerCarlos Pinto de Abreu_________________ines753@etb.net.co
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4 comments:
Hi All
Having major wireless network problems so only one PC on line in house and everyone seem's to need it.... Hope you are all ok???
Of course the McCann's wont want to be assistants they have not helped look for their daughter once prefering to jet off to places she could not possibly be.
Their idea of helping is to keep using the Look over there tactic anything to cover up what they have done to their poor child.
I have read they are suing Amaral as they are depressed??? They should have been depressed and distraught the second they realised that because they neglected thier children to get tanked up with their discusting friends their daughter was taken by a peadophile...
But no Gerry likes to use the shock terms Peadophile ring and then tell us she has not been harmed...
For any of their supporters if she really was taken their lack of emotion or help is pure evil and Madeleine as every child deserves to be the focus of attention. They are even using the twins as a way to scam money now in case someone tells them Madeline is dead???
I would hope all the parents of children who will attend school with the twins later this year will be thoughtful enough to tell thier children to be kind to the twins and not frighten them. But it did not take a book for most of the country to realise that Madeleine may be dead.
She has been missing for two years it is far more likely (sadly) that she would have been murdered by an abductor when the campaign publicised her eye or she just got too hot to handle...
That is of course if she was not dead already either due to an accident or at one or both of their hands...
This sick use of Madeline to make money shows the McCanns up for what they are. They dont want to answer any questions or take a lie detector test or even bother to search for their child they just want everyone else to pay for a search and pay off their house...
Sadly for the twins their problem wont be what people may say about Madeleine but what other parents think about Gerry and Kate. If my child was going to school with them although I would tell them to be kind and play nicely with them I would be horrified if they were invited for tea....
There is one Father who acted in a very strange way around my youngest daughter always touching her hair and trying to talk to her. I had nothing on him but he made me feel uncomfortable. She never knew but never went to his house for party's or tea with his daughters. It made me feel awful as nothing had happend but my child is worth more than me feeling bad... His girls were lovely and still freinds with my daughter she is nearly 14 now but knows not to go to their house and when we did talk about it eventualy it turns out the guy gave her the creeps as well...
So very sad the Twins deserve the world their sister was denied and this farce with Gerry and Kate the victims need's to end...
How many other parents have had thier children taken into care as they neglected them in the last two years??? It seems be a Dr and actually loose one of them and no one is allowed to question you and Hero status is applied...
Hope x
Hopey Hello!!
We have really missed you causing me and Di to wonder what happened!
Oh wireless network probs, been there, just too damned awful Hun!
Suing Amaral, I know, just how low could they stop, as they swagger around looking where they can con the next set of big bucks from. Will they never give up? Does it not occur to them the British Public think it is pretty loathesome to say they are suing the cop who investigated them for ONE MILLION POUNDS, they really have lost the plot!
But, they have to wait a year for the case to come to court and what might happen to them whilst they sit and wait. I have a feeling they hoped things might happen a bit quicker than that. If they are imagining that in the meantime Goncalo will get scared, stop publishing his book and send them all of his profits, I fear they are to be sadly disappointed!
How desperate those to rogues must be. Did they want Goncalo to pay for Caplan the expensive London lawyer who will get them out of trouble! Well tough bloody luck, they will not get him on legal aid!
As you say it is the most terrible tragedy for the twins who are soon to start school and then will be using the internet. Will Kate and Gerry ban them from the internet and how long do they think they can keep that up. Those poor little kids did not deserve this!
I just wish LP would hurry up and swoop, arrest them and take those little twins to nannys where I am sure they will be safe and absolutely adored!
Well done for spotting that creep and keeping him away from your daughter.
I remember a friend asking me about this guy who kept mauling and cuddling her daughter, and had taken her to the fair, I just said for god's sake do not let him do that again or get anywhere near her. The girl was 11 at the time! The sick bloke about 40! Now going to post an excellently funny one from 3 As about Cuddlecat!
Luv ya hun and great to see you back!
Viv xx
Montaillou
Post subject: Re: WHY DOESN'T CUDDLE CAT GET ANY COMPENSATION?
New postPosted: Tue Jul 14, 2009 10:05 am
Been Cautioned
Joined: Sun Oct 26, 2008 10:33 pm
Posts: 366
Madeleine McCann’s parents Kate and Gerry, who announced on May 3rd 2007 that their daughter had been abducted (and after extensive research a consensus was reached that this was indubitably by psychic aliens) announced today that they are establishing a trust fund for Madeleine’s little extra-terrestrial friend, CuddleCat.
Readers will remember that CuddleCat, who had been an invisible, though not imaginary friend of Madeleine’ prior to her abduction, made his first appearance in public early in May 2007, always escorted by Kate, who protected him from media harassment and even persuaded him to abandon his uncouth alien ways and submit to a rigorous personal hygiene regime, whereby he always presented an immaculate, clean and sweet-smelling persona to the public gaze.
Gerry McCann explained that the upkeep of Cuddle Cast over the last two years has been considerable: even though he has now retired from public life he requires special secure accommodation, a special diet and a special controlled atmosphere to overcome the odour exuded not Just by CC (as he is affectionately known) but by his entire alien race. This odour is particularly obnoxious to dogs, especially spaniels, so CC must be protected from these creatures at all costs.
Gerry explained that the CuddleCat support fund will be established as a private company because the Charities Commission declined to recognise its charitable purpose, even when the fund was extended to the wider support of the CuddleCat race in general and CuddleCat and friends in particular. Nevertheless, as Gerry hastened to point out, all donated monies to the fund will be applied to the stated objective of furthering the welfare of CudddleCat and his closest friends. Gerry stated: “Over the last two years Kate and I have gained considerable experience in fundraising and in administering the very substantial funds raised for the Find Madeleine Fund. At the moment Kate and I are the sole directors of the CuddleCat Fund but in the fullness of time we will seek to recruit like-minded professionals who will assist in administering this new fund appropriately. “ A website has been established and donations may be made through that or any other means, even in cash placed in brown envelopes and handed direct to the McCanns or posted through their door in Rothley.
On the McCanns’ behalf a spokesman close to the family hotly denied that there was any truth in the rumour that a suit for libel was being raised against the dogs Eddie and Keela for seriously defaming CuddleCat and denying his human right to remain in peace and serenity on holiday in PdL during his first visit to this planet. When pressed, he responded that there were no immediate plans for such legal measures, but refused to rule out entirely any such action for the future.
Does this thread on 3 As finally explain what happened and basically confirm that Goncalo Amaral is right?
It certainly looks that way to me.
http://www.the3arguidos.net/forum/viewtopic.php?f=35&t=35305&p=1077651#p1077651
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