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Anorak | Madeleine McCann: innocence not presumed, The Moorside and rewards unclaimed

Madeleine McCann: innocence not presumed, The Moorside and rewards unclaimed

by | 9th, February 2017

Madeleine McCann: a look at reporting on the missing child. News is that her parents, Kate and Gerry McCann, are ‘not in the clear’.

The Mirror (front page) : ‘McCanns’ agony at Maddie ruling by court.’

Page 9: ‘Judge: McCanns are not formally in clear’

Are they formally not in the clear? It’s a tad confusing.

Reading on we’re told that Portugal’s Supreme Court has ‘failed to put them in the clear’ over their daughter’ disappearance. Although the McCanns are no longer arguidos what the Mirror calls the a Portuguese legal term for ‘formal suspects’ judges says ‘this does not equate to a ruling of innocence’.

Isn’t innocence presumed?

In 2007, the Guardian told us what an arguido is:

An “arguido” normally translated as “named suspect” or “formal suspect” is someone who is treated by Portuguese police as more than a witness, but has not been arrested or charged. Under Portuguese law, a person declared an arguido “arguida” in the case of a woman has legal protection that is not extended to a witness, including the right to remain silent during questioning and the right to legal representation.

Detectives invoke arguido status on someone as a preliminary to an arrest being made or charges brought, a Portuguese law expert, Lita Gale, told Guardian Unlimited today. “If you are an arguido they have to have suspicion that a crime has been committed by that person,” she said.

The BBC said:

How is arguido status given and what does it mean?

Under Portuguese law either the police or a person being questioned can request that they be formally named as a suspect, a process called arguido. Artur Rego, a Portuguese lawyer, told BBC News: “Arguido is the person who has been accused of being the perpetrator. This is just an accusation made exactly at the end of the investigation.”

A person can ask for arguido status if they feel the line of questioning is implying that they are a suspect. This gives them more rights than a witness would have.

Back to the Mirror , which has been looking at the report into the McCanns’ failed libel case against Goncalo Amaral, the ex-copper who who wrote a book ‘claiming they were responsible for Madeleine’s “death” in 2007’. In the ruling on that case, the judges wrote, “It should not be said that the appellant were cleared via the ruling announcing the archiving of the criminal case” in July 2008.

The Mirror says the judges note that ‘the case was not shelved because prosecutors believed Kate and Gerry… were innocent but due to lack to evidence.” Said the Portuguese Supreme Court: “It doesn’t therefore seem acceptable that the ruling, based on the insufficiency of evidence, should be equated to proof of innocence.”

The Mirror calls the ruling ‘painful’ for the McCanns.

The Mail has more. The story does not feature in today’s newspaper, only online.

Highlighting the McCanns’ Tapas Nine friend Jane Tanner’s much-questioned sighting of the suspected ‘abductor’, they added: ‘It’s true that the aforementioned criminal inquiry ended up being archived, namely because none of the apparent evidence that led to the appellants being made ‘arguidos’ was subsequently confirmed or consolidated.

‘However even the archive ruling raises serious concerns relating to the truth of the allegation that Madeleine was kidnapped.’

Facts. There was only ever one: child vanishes.

The Sun (page

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Posted: 9th, February 2017 | In: Madeleine McCann, Tabloids Comment | Follow the Comments on our RSS feed: RSS 2.0 | TrackBack | Permalink