quinta-feira, 11 de novembro de 2010

O que aconteceu aos exemplares à guarda de ID?


The McCanns, The McCanns lawyer, The McCann book Trustee and a simple question.

Artigo de Paulo Sargento, copiado integralmente, da ligação acima mencionada:

"by Paulo Sargento | 10.11.10

It is widely known that the McCann couple was in Lisbon today, in a meeting with their legal representative, the Hon. Madam Lawyer Isabel Duarte, and, as far as I am able to tell, with the Director of the public relations company “Lifting”.

The McCann couple has launched an online petition for a review of the process, allegedly, because they know that “there is important informations, to which they do not have access, that are in the possession of the British and Portuguese authorities” [read below].

Now, this question is vitiated by an immeasurable fallacy: how does one assure the importance of information to which one did not have access? As far as it is known, the information the authorities possess about the case is either in the process or in the possession of the Public Ministry, to whom several suggestions were given regarding investigational steps to matters that were not carried out.

On the other hand, the figure of the process review in our legal system has, necessarily, criteria, which are not met in the case in question.

Finally, I would like to leave a few words concerning the attitude of Hon. Madam Lawyer Isabel Duarte.

Indeed, the most excellent Madam Isabel Duarte has every right to present the appeals that she deems adequate, though of doubtful admissibility, and even, of appealing to the European Court of Human Rights. She has the right, I repeat!

However, she has the duty, even more due to the fact of her being a candidate to the Supreme Council of the Bar Association, to comply with a ruling from a superior court, as is the case of the Appellate Court.

The Illustrious barrister is not, therefore, above the Law. Actually, it would be better not to go beyond her role as a Lawyer, like when she attempted, at least three times that I have witnessed, to influence the contents of television programmes where the subject of discussion was the Maddie case, recalling the injunction and the consequences of its disrespect.

As to the appeal (which would only be allowed under uniformisation of jurisprudence), what is left is to remember that it does not have any suspensive effect on the Appellate Court’s decision.

Thus, unless something has happened to the books that she has been entrusted with, I do not see why she does not return them." 

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