Madeleine McCann: Jasper Gerard - What I Did On My Holidays
MADDIE WATCH - Anorak’s at-a-glance guide to press coverage of Madeleine McCann
PRIVATE Eye reports that Telegraph columnist Jasper Gerard – a sometime sports writer who surely needs billing as ‘Jaspie G’ - marked the first anniversary of Madeleine McCann’s disappearance by travelling to Portugal with his wife and two children.
He also, allegedly, took along a security guard for baby minding duties.
Sadly, the reported investigation was never published, it being said to be too revolting for the paper’s Travel Editor, although it may yet appear in the main news section…
Mr Gerard has not replied to the rumour…
Posted: 29th, May 2008 | In: Madeleine McCann Comments (348) | Follow the Comments on our RSS feed: RSS 2.0 | TrackBack | Permalink
Comments
May 29th, 2008 at 5:46 pm
106
Matt. Says:
May 29th, 2008 at 5:42 pm
103…Lone Pigeon
Always possible.
Have seem references to :
J McC
CM
BK(dodgy double glazing character)
RB
Diplomat
and storing the hire car!
May 29th, 2008 at 5:45 pm
Rasputin 85
I can see your point in the first two parts you highlighted, though it seems 3(d) is more to do with the conduct of the trial itself.
I agree that if action is to be taken against the arguidos then this must be within a reasonable time, and that the accused should know the nature of the accusation. Possibly the Portuguese would point to the compexity of the investigation and may even allege that the arguidos have contributed to the problem, in the context of what is a “reasonable time.”
May 29th, 2008 at 5:42 pm
103…Lone Pigeon
Always possible.
Have seem references to :
J McC
CM
BK(double glazing character)
RB
Diplomat
edited jj
May 29th, 2008 at 5:39 pm
99
Matt. Says:
May 29th, 2008 at 5:30 pm
98…Salomon ES
The good Dr’s must sack their incompetent Lawyers….just think they
could have had their Status removed months ago.
Bless.
M and A
and saved loadsadosh, Matt send them your bill
**************************************************
I shall ask for payment to be made out to the PJ Officer’s
Christmas Party Fund.
May 29th, 2008 at 5:39 pm
John G ?
May 29th, 2008 at 5:38 pm
101…Salomon ES
That possible existance has been spoken about ever since the very early
days……haven’t seen anything which connects anyone, 103%, as being
the person.
May 29th, 2008 at 5:35 pm
What do you guys think about existence or not of a T10?
Who could he / she be?
May 29th, 2008 at 5:31 pm
96-M&A Hmm dunno-I thought just a record of the calls not the actual content.
M and A
A record of calls can’t be a threat, surely? a lot of people have had to resort to that to claim compensation in id fraud to prove they were where they say they were. perhaps I’m being naive….
May 29th, 2008 at 5:30 pm
98…Salomon ES
The good Dr’s must sack their incompetent Lawyers….just think they
could have had their Status removed months ago.
Bless.
M and A
and saved loadsadosh, Matt send them your bill
May 29th, 2008 at 5:26 pm
95 Mods & Admin
Could I just point out that there’s no such thing as a Portuguese Secrecy Act that Rasputin alludes to.
I wouldn’t want Rasputin to suffer any sanctions as a result of lack of legal qualifications.
He/she does talk too much without knowing what he/she’s talking about, but (s)he’s not necessarily an evil person. Just another fantasist that comes into these forum to exhibit his/her ignorance to the world.
M and A
thanks for clarifying the first point!
we can’t do anything worse to Rasputin than poisoning, drowning and shooting him…
The 3rd point? sadly that is very true…
May 29th, 2008 at 5:22 pm
???how do they know about the sms messages if they have not seen the records….or perhaps the other party who just might to be an expat living in Luz has said he recieved some
May 29th, 2008 at 5:15 pm
The only other reason I can think of for not wanting phone records revealed is if someone has been playing away-not that I am suggesting that this is the case here.
M and A
Are we sure they are records of calls made, or actual playbacks of the conversation/ text?
May 29th, 2008 at 5:10 pm
June Johnstone, what exactly would you like clarified.
a. to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
Clearly breached by the Portuguese secrecy act.
d. to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
Clearly breached by the Portuguese secrecy act.
In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.
I doubt if the unlimited time that one can be held arguido is seen, as being within a reasonable time.
Mods and Admin
It worries me that you have misspelt my name.
BUT I have asked you for links to sources to support your claims you made earlier made over and over.
Not bluff nor bluster, just links to the sources where you found your information you have been stating as fact.
May 29th, 2008 at 5:03 pm
Hi Scarlett, I posted a question to you on a previous thread regarding the ‘playground picture’ but I think you missed it. You said that the best guess for the playground man is that he is a caretaker (what you call a janitor) of some kind. I could see no basis for such an assumption, so I hope you could clarify why anyone would think that.
May 29th, 2008 at 5:00 pm
Re Duncan, thanks June.
May 29th, 2008 at 5:00 pm
85 Rasputin
This just gets better and better… You claim incompatibility of arguido status with Art 6 of the ECHR - which actually provides for a “fair trial”????
Rasputin, you are even more confused than I thought.
Take a deep breath… have some water.
In case you have missed what’s been going on the arguido status refers to the inquiry phase. That will be followed by an instructory phase before a TRIAL phase.
Rasputin, trust me… there’s nothing in Art 6 that could deem arguido illegal (as you said). There’s nothing in the ECHR that could delay or deem void any convictions passed by a portuguese criminal court against those involved in MMs disappearance. And finally, there’s nothing that would allow the McCanns or anyone else to appeal to the ECHR directly without exhausting all appeal procedures in Portugal. All that information is easily available to anyone from the FAQ of the ECHR website.
:-))
May 29th, 2008 at 4:59 pm
89…sam
And they may have requested to be Arguido/Arguida…which I think is
a facility which exists in Portuguese Law to protect their Human Rights.
May 29th, 2008 at 4:58 pm
81
Salomon ES Says:
May 29th, 2008 at 4:37 pm
80 Babyjane
About the number and who it belongs to.
In the original ruling published (in Portuguese) it is written - the number “not yet” identified.
That suggests that there were still ongoing efforts to identify who the number belonged to at the time that this statement was made.
—————-
Oh, I see, thank you.
So my “they know it all” was simply wishful thinking.
How much I would like to know what the content of those sms was. … Surely written in a code.
May 29th, 2008 at 4:56 pm
85
Rasputin Says:
rasputin, they haven’t been charged yet so it’s not applicable.
May 29th, 2008 at 4:56 pm
So….who could the 3 agreeable UK witnesses be ?
The Payne’s and Ms/Mrs Webster ??
And the knee-knockers….J Tanner, R O’Brien, R Oldfield and M Oldfield ??
May 29th, 2008 at 4:53 pm
Mods and Admin
Rasputin
I have asked for links to sources to support your claim that arguidoship is illegal in EU law and also to support your claim that the Portuguese have breached their own laws.
I should like to see them by 5.00 BST today. Thankyou
May 29th, 2008 at 4:50 pm
Ahhhaaa… now we’re talking business.
So it’s the ECHR is it???
Well; let me share with you two pieces of additional information. Simple and easy that even Rasputin can understand:
1. Rasputin says the complainants can by-pass national courts.
The ECHR FAQ says
“Are there any procedures that must be followed beforehand in the national courts?
Yes. You must have used all the remedies in the State concerned that might have been able to redress the situation you are complaining about (usually, this will mean an application to the appropriate court, followed by an appeal, where applicable, and even a further appeal to a higher court such as the supreme court or constitutional court, if there is one). It is not enough merely to make use of these remedies. In so doing, you must also have actually raised your complaints (that is, the substance of the Convention violations you are alleging). You have only six months from the date of the final decision at domestic level (generally speaking, the judgment of the highest court) to lodge an application. After that period your application cannot be accepted by the Court.
2. Rasputin is unable to say if a ruling by the ECHR could overturn or deem void criminal convictions against the McCanns or other suspects in the McCanns case.
But the ECHR FAQ says
“The Court is not empowered to overrule national decisions or annul national laws. ”
Short and sweet for anyone to understand… even Rasputin.
http://www.echr.coe.int/ECHR/EN/Header/Applicants/Information+for+applicants/Frequently+asked+questions/
May 29th, 2008 at 4:48 pm
Scarlett it is self explanatory, but I have highlighted the relevant parts to assist those not as astute as yourself.
Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocol No. 11 (ECHR)
Article 6
Right to a fair trial
1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
3. Everyone charged with a criminal offence has the following minimum rights:
a. to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
b. to have adequate time and facilities for the preparation of his defence;
c. to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
d. to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
e. to have the free assistance of an interpreter if he cannot understand or speak the language used in court.
May 29th, 2008 at 4:47 pm
79 Salomon ES
OK for dropping the subject.
Anyway, our countries’ legal institutions aren’t going to be taught lessons by Rasputin!
Neither are Europe’s laws (??!!!).
If the MC’s lawyers thought their rights were breached, we would know.
May 29th, 2008 at 4:46 pm
51
coolandcalm Says:
‘Sam… LP…. Well DUH, I could have linked to that’
but you didn’t, joana did. i think the points moot now.
‘because of my views on the case you seem to think that I want it to fade away. I don’t,’
i haven’t thought about you in any depth and certainly not thought that, why would i ?
imo you made some remarks which are or were innaccurate and pointed them out to you, that’s about it.
it’s true though that the media interest is dying or fading away, that might have to do with there being not much progress made in the case and also that the mccanns said, or it was reported so, that after the anniversary of madelines disappearence they would fade out of the media. i hope, like you that the case will be solved and guilty party or parties bought to justice.
May 29th, 2008 at 4:39 pm
From yourrights.org.uk
Okay, Raspution, talk us through it. Do you mean “no punishment without law?”
____________
The European Convention on Human Rights and Human Rights Act 1998
The most important part of the European Convention on Human Rights, in terms of criminal justice, is Article 6 , the right to a fair trial. This guarantees a public hearing within a reasonable time, and formally states the presumption of innocence. It specifies your minimum human rights, including the right:
• To be informed of the case against you in a language you understand.
• To enough time and facilities to prepare your defence.
• To defend yourself and to have representation, free of charge when this is in the interests of justice.
• To ensure that prosecution witnesses attend and can be cross-examined, and to call defence witnesses on the same terms.
• To have an interpreter, if necessary, free of charge.
Other articles are also relevant to criminal justice, for instance Article 5 guarantees liberty, except in specified circumstances, which include custodial sentences after conviction, and detention in order to bring you before a court once you have been charged. If you are detained, you must be promptly informed of the reason for your original arrest and brought promptly before a court which can authorise your detention or release according to law. If you are detained pending trial, you must be tried within a reasonable time.
Article 7 guarantees no punishment without law. In other words, you cannot be punished for something that was not an offence at the time you did it or sentenced in excess of the maximum for the offence at the time.
In theory, the English criminal justice system should comply with all the requirements of the Convention. In practice, it has been found wanting on a number of occasions. For instance, the Court at Strasbourg has ruled that the children convicted of the James Bulger’s murder were too young to receive a fair trial in the adult court. It has also ruled that persons accused of a second rape or homicide should not be denied the possibility of applying for bail in the English courts. These cases may seem unworthy examples, but often the best test of a system is its ability to uphold the rights of unpopular defendants. If these are eroded, then all of us are potentially at risk in the future.
If you consider your human rights under the Convention have been breached and you have not been able to gain satisfaction in the English courts, then you can still petition the European Court of Human Rights. This has to be done within six months of the final decision complained of. The procedure is mainly in writing, and only a very limited form of Legal Aid may be available to assist you. Should the Court eventually find the UK Government in breach of your rights under the convention, it can order the Government to pay you compensation, and the Government has a duty to change English law to bring it into line with the Convention
May 29th, 2008 at 4:37 pm
80 Babyjane
About the number and who it belongs to.
In the original ruling published (in Portuguese) it is written - the number “not yet” identified.
That suggests that there were still ongoing efforts to identify who the number belonged to at the time that this statement was made.
Now… this particular appeal rulling is dated end of April. But the original request for accessing this information (from where the current rulling is quoting the reference to the telephones) is dated September 2007.
We could assume that it was in September 2007 that this number was “yet to be identified”…
May 29th, 2008 at 4:32 pm
I also believe that the PJ already have the text messages (the content) and know who is the person the number belongs.
May 29th, 2008 at 4:32 pm
76 Marie Nicholas
Unless Rasputin is able to explain which European Laws deem the arguido status illegal - we’ll not be able to help him.
He mentions “European laws” - and I don’t know if he’s talking about European Community Law - or the European Convention on Human Rights from the Council of Europe.
Let us wait and see if he’s competent to establish with which European laws is the arguido status not compatible.
Until then, I suggest that he / she is probably tired, confused and maybe even a bit excited about all these latest developments. I suggest we don’t let him monopolise the forum.
M and A
I have said we need a link to a source, and also for the breach of Portuguese law retrospectively????, until he posts it ignore any more repeats from him
May 29th, 2008 at 4:29 pm
75
Salomon ES Says:
I feel you’re particularly tense today.
————-