Tuesday, 8 July 2008

Enfants Kidnappés: an Irish witness saw Gerry carrying Maddie.

Martin Smith, from Ireland, was on holiday in Praia da Luz at the same time as the McCanns. This week it has been reported in the Portuguese press that Mr Smith saw a man carrying a child, whom he thought was Madeleine, and that only when he returned to Ireland and saw Gerry's image on TV, did he think that the man he had seen was Gerry.

Enfants Kidnappés, dated 7/07/08


07 juillet 2008

An Irish witness saw Gerry carrying Maddie

Irishman Martin Smith told the PJ that he had seen a man carrying a child under his arm. To him, that child seemed to be Maddie. The events would have taken place round about dinner time on the evening of May 3rd. The hearing of the witness was recorded early on in the research. A few days after returning to his country of origin, Martin Smith went to the police. Following the media coverage of the case, he guaranteed that he had no doubts when he saw Gerry's face on television for the first time, as he was leaving a plane. The man who was carrying the child on the day that Maddie disappeared was her father!

The information was sent to the Portuguese authorities at a time when the PJ were still concentrating on the abduction theory. And, according to the final report, the lead would not have been followed because at the time when Martin stated having seen Gerry carrying Maddie under his arm, the latter was having dinner with friends of the couple at the Tapas Bar. It was only later that the PJ realised that no one amongst the T9 could say at exactly what time each member of the group was to be found at the restaurant. The PJ then requested additional investigation of this witness via the rogatory letters. The additional tasks concerning this witness were finally not carried out and without other details could not be examined more thoroughly.

The British police hand over certain details of the investigation to the McCanns.

On Monday, the British police agreed to hand over to Madeleine McCann's parents, certain details of their file on the little girl's disappearance in the south of Portugal in May 2007, to enable private investigators whom they had engaged to assess them. In return, Kate and Gerry McCann withdrew from a legal procedure designed to force the police of Leicestershire, the central England county where they live, to let them have that information. "Kate and Gerry are satisfied with this compromise reached with the police," Clarence Mitchell, their spokesman, stated. "If we had not gone to court, we would not have obtained these 81 pieces (of information) The whole file would contain nearly 11,000 documents. They are now going to our private investigators who will work with them as a priority."

It remains difficult to believe that these documents will be useful to Metodo 3 in the sole objective of finding Madeleine. It seems difficult that this company, with a doubtful reputation and dubious legal methods, could do better than the PJ who have placed more than 300 men on the case. It remains to know if these 81 documents and hearings also contain the witness statements of the two crucial witnesses of whom the hearings have still not been sent to the Portuguese authorities? If such is the case, this looks more like a manoeuvre for preparing a defence than searching for a missing little girl.

Metodo 3 called into question by the PJ.

The final report criticises the, "research," done by the private detective agency hired by the couple. It was because of them that the PJ lost enormous amounts of time, money and energy in following, checking, assessing, analysing every, "false," lead put forward by Metodo 3, all over the place. There was Gail Cooper's witness statement, heard for the first time by the British authorities. She spoke of a beggar, whom she had only seen once and who could have taken the child. Later at the agency of the private detectives hired by the couple, she stated that she had seen the same beggar three times. And that on one of these three times, he had surprised her by looking at the group of children that Madeleine was part of, in a, "strange," way.

Then it was the turn of Jane Tanner who had not succeeded, initially, in describing the face of the man whom she asserted she had seen carrying Maddie in his arms, to go back on her statements. She stated that the man seen by Gail Cooper resembled the one she saw. The photo-fit went round the world and forced the PJ to check hundreds of leads which turned out to be false. Without taking into account that the PJ have had to take themselves to the farthest flung places on the planet. On the same day, at the same time, Maddie happened to be seen at places more than 4,000 kilometers apart! The report leaves to be implied that if someone had wanted to slow down the investigation, to prevent its being successful, this was as good a way as any.

The British modified the results of the tests.

This was the strangest about-turn of the investigation. The first analyses of the biological samples, carried out in the UK, on residues collected under the spare wheel, in the boot of the car rented by the parents, were compatible with Madeleine's genetic profile. Later, after the parents were designated as, "arguidos," or suspected of having concealed Madeleine's body, the laboratory announced the correction of their initial analyses. Afterward, the biological traces found in the Renault Scenic rented by the parents were not conclusive. In addition, even the quality of the samples was suddenly placed in doubt. This scientific reversal, not yet completely clarified, risks taking the investigation to a dead end. In effect the doubt always benefits the accused.

If one of the most important testing laboratories suddenly places samples themselves in doubt, that will be wholly beneficial for the defence. Note, however, that the use of dogs for detecting cadaver odours and traces of blood, is quite valid in the Portuguese legal system and the laboratory would have to scientifically corroberate the indications of the dogs. The PJ's decision to send the analyses to the UK, when they could have been done in Portugal, was initially a question of credibility.The inspectors did not want the results to be called into question in the UK.

SOS Madeleine McCann: the British release confidential documents to the McCanns without the agreement of the investigators.

At a sitting of the Family Division of the High Court in London yesterday, Judge Hogg ratified the agreement reached between the McCanns and Leicestershire police for the handing over of 81 pieces of information, gathered within the context of the investigation into Madeleine McCann's disappearance in May 2007, in Praia da Luz. Thanks to a contributor on the 3 Arguidos forum, who was present at the open hearing, we have a transcript of Judge Hogg's judgment. (See Addendum part 1.) I refer now to the report on the decision by SOS Madeleine McCann.



Britanniques délivrent documents confidentiels aux McCann sans l’accord des enquêteurs

39c75621fb422b3106fa9cd4cd877bc6.jpgSelon une source officielle au Portugal, la Police judiciaire (PJ) n’a pas eu un contact préalable avec les autorités anglaises donnant leur accord pour que le couple McCann puisse avoir accès à des documents relatifs à l’enquête à la disparition de leur fille, Madeleine. L’information a d’ailleurs été confirmée par la Direction nationale de la PJ que garant n’avoir jamais eu le moindre contact à ce sujet avec la police britannique et que, par cette même raison, ne connait pas quels sont les 81 documents que seront remis à la famille McCann.

British release confidential documents to the McCanns without the agreement of the investigators.

According to an official in Portugal, the PJ did not have prior contact with the English authorities giving their agreement for the McCann couple to have access to documents relating to the investigation into their daughter Madeleine's disappearance. Meantime, the information was confirmed by the National Directorate of the PJ who guarantee never having had the least contact on this matter with the British police and who, for that same reason, do not know what the 81 documents are which will be handed over to the McCann family.

Si effectivement la Police du Leicestershire à accepté de donner aux deux arguidos, Kate et Gerry McCann, des documents concernant l’enquête à la disparition de Madeleine, nous sommes devant un acte très grave et que remet en cause, à mes yeux, la collaboration entre les forces de police des deux pays,” accuse un haut responsable de la Police judiciaire en déclarations à SMM.

"If effectively the Leicestershire police have agreed to give the two arguidos, Kate and Gerry McCann, documents concerning the investigation into Madeleine's disappearance, we are looking at a very serious act and which calls into question, in my eyes, the collaboration between the police forces of the two countries," was the accusation of a senior PJ officer in statements to SMM.

L’avocat Tim Scott, représentant Kate et Gerry McCann, est comparu ce matin devant la Cour Suprême de Londres, section Famille, ou la Juge Hogg aurait dû statuer à propos de la demande des McCann qui voulaient avoir accès aux documents concernant le dossier d’enquête de la PJ à la disparition de Madeleine. Documents en possession de la police du Leicestershire, couverts par le secret de justice et par les règles de coopération internationale entre les deux pays.

Tim Scott, the lawyer representing Kate and Gerry McCann, appeared this morning before the Family Division of High Court in London, where Judeg Hogg would have had to rule on the request from the McCanns, who wanted to have access to documents concerning the PJ case file on Madeleine's disappearance. Documents in the possession of the Leicestershire police, covered by secrecy of justice and by the rules of international co-operation between the two countries.

Un accord aurait été retrouvé entre les avocats du couple et la police britannique : les McCann ont accepté de retirer leur demande en échange de 81 documents d’information contenant, selon l’accord, des détails de plusieurs témoins qui ont pris contact avec la police et un résumé des informations qu'ils ont fournies à la police.

Agreement would have been found between the couple's lawyers and the British police: the McCanns agree to withdraw their request in exchange for 81 documents containing, according to the agreement, details of several witnesses who made contact with the police and a summary of the information they provided to the police.

L’objectif initial de la démarche des McCann auprès de la Cour Suprême était, du moins officiellement, de forcer la police de Leicestershire à révéler 11.000 informations et documents appartenant à l’enquête concernant la disparition de Madeleine, en partie transmis par les autorités portugaises ou en provenance du public.

The initial objective of the McCanns' taking action in the High Court was, at aleast officially, to force the Leicestershire police to disclose 11,000 pieces of information and documents, appertaining to the investigation concerning Madeleine's disappearance, sent by the Portuguese authorities or coming from the public.

Selon Clarence Mitchell, porte-parole et responsable en communication du couple, les documents en question concernent des témoignages apparus les jours qui ont suivi la disparition de Madeleine et seront maintenant exploités par les différents détectives privés au service de Kate et Gerry McCann.

According to Clarence Mitchell, the couple's spokesman and PR representative, the documents in question concern witnesses who came forward in the days following Madeleine's disappearance and will now be used to advantage by the various private detectives engaged by Kate and Gerry McCann.

Pendant que le Ministère public “apprécie” le rapport de la Police judiciaire, visant à déterminer si d’autres diligences sont nécessaires ou possibles, le Procureur général de la République (PGR) doit encore se prononcer à propos de l’accord retrouvé entre la police du Leicestershire et les McCann.

While the Public Minister, "assesses," the PJ's report, looking to determine if other work is necessary or possible, the Attorney General of the Republic (PGR) has yet to give his opinion on the agreement made between the Leicestershire police and the McCanns.

Une Juge rendue à la cause des McCann

Loin de l’habituelle froideur et impartialité typique des magistrats britanniques, la Juge Hogg a confirmé avoir excusé les McCann d'assister à l'audition, car, selon elle, “ils ont souffert assez et j'ai souhaité soulager leur fardeau”.

La Juge, assez proche des milieux politiques, a également envoyé un message au responsable pour la disparition de Madeleine : “Je supplie cette personne, qui quelle est, pour qu’elle montre miséricorde et compassion et qui apparaisse maintenant et nous dise où ont peut retrouver Madeleine. J'attends qu'elle soit trouvée brièvement, vivent et sain ”, a déclaré.

A judge given over to the McCanns' cause.

Far from the usual coldness and impartiality typical of British magistrates, Judge Hogg confirmed having excused the mcCanns from attending the hearing, because, according to her, "they have suffered enoug and I wanted to relieve their burden."

The Judge, who is close to political circles, also sent a message to those responsible for Madeleine's disappearance: "I entreat that person, whoever they may be, to show mercy and compassion and come forward now and tell us where we can find Madeleine. I hope that she will soon be found, safe and well," she stated. (Addendum part 2)

Plusieurs officiers britanniques, contactés sur place par SMM, ont reconnu être surpris avec l’accord retrouvé et plus encore avec le comportement “anormalment different” de la Juge Hogg : “Elle ne doit pas ignorer que, jusqu’à aujourd’hui, les parents sont officiellement suspects au Portugal et qu’ils n’ont pas fait le moindre effort pour aider à la progression de l’enquête,” affirme un responsable de la police à Enderby.

Several British police officers, contacted on the spot by SMM, admitted to being surprised by the agreement reached and still more by the behaviour, "unusually different," of Judge Hogg: "She should not ignore that, even today, the parents are officially suspects in Portugal and that they have not made the slightest effort to help the progress of the investigation," an official from the Enderby police stated.

Dame Mary Claire Hogg, de 52 ans, est originaire d’une dynastie célèbre dans la magistrature et la politique ; elle est la fille de l'ancien "Lord Chancellor" Lord Hailsham et soeur de l'ancien ministre de l’Agriculture Douglas Hogg.

Dame Mary Claire Hogg, aged 52, comes from a dynasty, famous in the judiciary and politics; she is the daughter of the former, "Lord Chancellor," Lord Hailsham and sister of the former Agriculture Minister Douglas Hogg.

Addendum part 1

Judgment of Justice Hogg:Madeleine went missing on 3/5/07 a few days before her 4th birthday while on holiday in the Algarve. On 17/5, Madeleine parents invoked the jurisdiction of this Court under the Children and Custody Act and the Hague Convention.

They sought various Orders and Directions to assist in ascertaining her whereabouts. Madeleine became a ward of court. It is not known if she is alive, but there is no evidence to the contrary. She is a British citizen and habitually resident in the UK. The Court made an order on 2/4 against the Chief Constable to assist in providing information. Such is the complexity of the issues in relation to other investigations, that other parties were invited and joined. The parents reached an accommodation.

The Chief Constable will provide contact details for people who contacted the parents’ solicitors. The parents do not wish to pursue other applications and withdraw their application. I have no criticism of the parents who have behaved responsibly and reasonably.

The parents should be allowed to withdraw their application. An Order is made by Consent. The terms of Orders made on 2/5/07** shall not apply to the Chief Constable nor any other agency. All evidence submitted to the court shall remain confidential, save the Chief Constable may at his discretion release the Case Summary and Skeleton Argument. Any other document is not to be disclosed or published save in accordance with other Orders.

** I think this date should be 22/5/07

It may be noted neither parent is present. I agreed last week with this provided their legal teams were fully instructed. My belief is that they have suffered enough and I wish to ease their burden. I know that agencies here in Portugal will continue to strive to find Madeleine. I urge anyone with any information to come forward. There is at least one person who knows what happened. I ponder whether that person has a heart and to consider what it is like for Madeline to be secreted from her siblings. Whether than person has a conscience, remorse or cares about hurt caused to an innocent child; whether he has faith and what justification he will give to his God. I entreat that person to show mercy and compassion and to tell us where Madeleine is. I hope she will be found very soon alive and well. I confirm the wardship will continue. " (Statement about and to the person responsible for Madeleine's disappearance)

Addendum part 2: from the Press Association - what the judge said about, and to, the person responsible for Madeleine's disappearance.

Mrs Justice Hogg (From the Press Association)

"There is, of course, one person who knows what has happened to Madeleine and where she may be found," the judge said.

"I ponder about that person - whether that person has a heart and might understand what it must be like for Madeleine to have been taken and secreted from her parents and siblings and those she loved and felt secure with.

"I ponder whether that person has a conscience or any feeling of guilt or remorse or even cares about the hurt that has been caused to an innocent little girl, and whether that person has a faith or belief and what explanation or justification they might give to God.

"I entreat that person, whoever they may be, to show mercy and compassion and come forward now and tell us where Madeleine is to be found. I hope she will be found soon, alive and well."