2502 Letter to Dr. Amaral
from Carlos Pinto de Abreu
2503 Copies of Kate and
Gerry's passports
2510 Copy of page 2502 |
10-Processo 10
page 2502 2503
also OUTROS APENSOS
IX, Volume I Pages 5 and 13 |
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TRANSLATIONS BY INES |
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To The Criminal Judge
Public Ministry
Gerald McCann, a doctor, passport no.
******** and Kate Healy, doctor,
Passport no.*******, married and
resident at Orchard House, Rothley,
in their condition as parents of
their oldest child Madeleine McCann,
being the holders of the interest
directly protected by the norms
violated which led to the current
investigation instigated in Lagos
and agreed by the Public Prosecutor
refer respectfully to article 68 no.
1 of the Penal Code, request their
constitution as assistentes in the
case and annex herewith the receipts
of justice tax payments and
certificates emitted in favour of
their representative as well as
certified translations.
Signed
Carlos Pinto de Abreu
Date (from bottom of fax) 24-08-2007
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2506 Letter from Gerry
granting power of attorney
to Carlos Pinto de Abreu (in
English) 2007.08.23 |
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10 -Processo
Vol 10...Page 2506
also
Outros Apensos IX Vol I Page 8 |
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10VOLUME_Xa_Page_2506 |
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POWER Of
ATTORNEY
Gerald Patrick McCann, holding Passport No : 70XXXXXXX, issued
by the British Government, and Kate Marie Healy, holding a
Passport No : 03XXXXXXX, issued by the British Government, both
married and residents at Orchard House, 5 The Crescent, Rothley,
Leicestershire, LE7 7RW, UK, hereby appoint as Attorney, Mr
Carlos Pinto de Abreu, Lawyer with Office at Alameda Quinta de
Santo Antonio, 13-C, 1600-675, Lisbon, to whom they confer the
most ample powers admitted by Law, so that he may jointly or
severally represent them before the Judicial, Judiciary and
Police Authorities, granting him Judicial Powers to execute
every and all acts that may be required and/or are advisable for
the entirety to this Power Of Attorney. The Powers hereby
conferred may be substituted partially or fully, once or more
than once.
Gerald P McCann
(Signed)
Kate M Healy
(Signed)
Praia da Luz, Lagos, 23rd August 2007 |
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2520 MoPo assessment Letter indicating McCann's asking change of
status to Assistentes 2007.08.29 |
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10-Processo 10
Page 2520
also Outros Apensos IX Vol I Page 22 |
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10VOLUME_Xa_Page_2520 |
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From the Public
Ministry
Conclusion 29-08-2007
Within the scope of the current investigation into the
disappearance of Madeleine McCann, a British citizen, born on
the 12-05-2003 from a bedroom in the OC resort where she was
staying with her family, made up of her parents Gerald McCann
and Kate Healy and her twin siblings.
They are now requesting to be constitutes as Assistentes.
That is how the case is presented to the judge, bearing in mind
that the current state of the case, it is repeated that they are
the parents and have a legitimate right (article 68 no. 1), they
have each paid the taxes and hired a lawyer, I do not have any
objection to the constitution of Gerald McCann and Kate Healy as
assistentes in the case.
Signed
Magalhaes e Menezes |
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2521 to 2522 Correspondence |
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10 Processo
Vol I0 Page 2521- 2522 |
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10VOLUME_Xa_Page_2521 |
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10VOLUME_Xa_Page_2522 |
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Family Court of Portimao
Conclusion:
Date: 30-08-2007
From the Desk of the Secretary General
Carlos Jose Leonco Farinha
(Handwritten)
Folios 2510 & 55
Comply in relation to arguido constituted according to the
dispositions of article 68 no. 4 of the penal process.
Signed
Portimao 30th August, 2007 |
2624 to 2625 MoPo
opposition to assistente
status of parents
29 to 30 Tribunal documentation
regarding assistente status |
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TRANSLATION BY INES |
10-Processo 2624 to 2625
also
Outros Apensos 9 Vol I Pgs 29 to 30 |
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10VOLUME_Xa_Page_2624 - 29 |
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10VOLUME_Xa_Page_2625- 30 |
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Full text of previous post is
in Vol X
Processos Vol X
Pages 2624 - 2625
Conclusion 11-09-2007
In compliance with the search warrants determined in folios
2082/2083, two diaries and a note book were apprehended from the
McCann family residence, which were in the couple's bedroom
wardrobe, in accordance with
search warrant
folio 2097, which were photocopied and the original handed back
according to delivery note 2125.
The photocopies may contain important elements for discovering
the truth.
Therefore they are admitted to the process.
1. I suggest the apprehension is validated and that the
translation of the photocopies is carried out as well as the
eventual collection of elements to bring to the process if they
are necessary to the investigation.
2. As a result of the terms of folios 2553 and 2565, those
making the request on folio 2510, Gerald Patrick McCann and Kate
Marie Healy were in the meantime constituted as arguidos because
there was an alteration in their position in the process,
incompatible with their quality of assistentes, due to which we
now oppose their intervention as such, which we now make clear.
Signed
Public Prosecutor
Dr Jose Magalhaes e Menezes
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41 to 43 Letter from Abreu to Tribunal
re: McCann status
2702 to 2704 Letter regarding new penal
code and status of Kate and Gerry from
Pinto Abreu |
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09-Outros
Apensos Vol IX Pages 41 to 43 |
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10-Processo 10 pages 2702 to 2704
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o_apensoIX_vol_1_Page_041
Processo 10 page 2702 |
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o_apensoIX_vol_1_Page_042
Processo 10 page 2703 |
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o_apensoIX_vol_1_Page_043
Processo 10 page 2704 |
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Letter from Pinto de Abreu
Date 25th September 2007
Gerald 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.
Lawyer
Carlos Pinto de Abreu |
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