Lettre rogatoire - 12.12.2007 (2)
* Demande d'identification complète des propriétaires de certains numéros.
* Any other relevant questions related to the ones previously replied.
* Is there any further supplementary explanations that you consider pertinent or relevant to establish the material truth ?
XI - Interview to the Tapas Restaurant employee, Jeronimo Rodrigues Salcedas, Swindon, who was on evening duty on 3rd May. The witness should be asked the following questions :
* Who alerted to the disappearing of MMC ? How was that alert given ?
* What time was the alert given ?
* How did you act ?
* Did you take part in the searches ? With whom ?
* Who decided to call the Law Enforcement Authorities ?
* After the alarm to the disappearing had been raised, did anyone remain at the table ?
* Had you seen the missing child before ? If yes, did she look normal to you, or did you notice any sort of inadequate behaviour for a child of her age ?
* How would you describe the group of 9 adults ?
* How would you describe the group's drinking habits ?
* Any further questions deemed useful, necessary or pertinent in view of the previous replies.
Lire l'entretien rogatoire de JS ici.
XIX - Interview to the Police Liaison Officers to MC family, to be identified by the Requested Authority. They should be asked the following questions :
When did you arrive and for how long did you stay ?
Do you confirm that you were an officer of the British Police in charge of liaison with the MC family ?
What happened during the mission you were in charge of ?
Was there any incident with Kate or Gerald MC to bring to attention ?
In case of positive answer, what happened ? What was the motive ? What consequences it had ?
At any time did Gerald MC refer to the possibility that the children had been sedated and did he suggest to proceed with toxicological tests on the twins ?
Il est étonnant qu'un document officiel n'ait pas été corrigé selon la norme (ressalva, autrement un appel de note à l'endroit où une correction est intervenue, correction rédigée en marge), mais simplement en appliquant un post-it sur le document. On sait qui a demandé que le questionnaire soit modifié, mais on ne sait pourquoi. Les spéculations sont donc ouvertes. Voir ici.
Voir la déposition du PO Stephen Markley et celle du PI Jim McGarvey.
Aucun des FLO n'ont indiqué la date de leur arrivée et celle de leur départ. Pourquoi ?
XV - Interview to the witness Carole Anne Trammer, niece of Pamela Fenn who lives in the apartment above the one used by the MC family, to be identified by the Requested Authority. She should be asked the following questions :
Demandes à l'entité forensique compétente
XVI - A detailed report on the social/economic/professional context of the arguidos (formal suspects) Gerald MC and Kate Healy, as well as their Legal Records. A fait l'objet d'une correction de Stuart Prior, voir Addendum en bas de page.
XVII - MMC's dental records.
XVIII - Original copies of the examinations made by the FSS (Forensic Science Service), as well as the proceedings that led to the conclusions obtained, along with the answers to the queries on the Official Letter requesting Forensic Examinations, which, in the meantime, has already been sent by e-mail to the FSS.
XIX - Complementary request, in the scope of the above-mentioned Official Letter, to compare all the profiles obtained in the tests already carried out, with those in the British National Database.
XX - Comparison of all the obtained profiles with MMC's reliable reference samples (demonstrated to belong to her ).
XXI - The respective telephone network operating companies to supply the complete identification of the owners of the following telephone numbers :
XXII - Transactions regarding the Mastercard Credit Cards, numbers 54355690018XXXXX and 54355690011XXXXX, used by GMC in the time period between 1st April, 2007, and 30th September, 2007. A fait l'objet d'une correction demandée par Stuart Prior. Voir addendum en bas de page.
1. Sections 131, 132, 135,172,182, 187, 188, 189 and 269 of the Portuguese Code of Criminal Procedure.
2. Sections 131,138,161 and 254, Subsection 1, paragraph, a) of the Portuguese Criminal Code.
II - Certified copy of the Judicial Order.
The Public Prosecutor,
José de Magalhães e Menezes
Voir les questions supplémentaires pour certains témoins ici.
Extraits du CPP
Whoever kills another person shall be punished with imprisonment from 8 up to 16 years
Exposure or Abandonment
1. Whoever endangers the life of another person :
a) exposing him/her in a place that subjects him/her to a situation from which he/she cannot defend himself/herself on his/her own : or
b) abandoning him/her, defenceless, whenever the perpetrator had the duty to watch, keep vigilance over or assist him/her, shall be punished with imprisonment from 1 up to 5 years.
2. If the fact is committed by an ascendant, a descendant, an adoptive parent or an adopter of the victim, the perpetrator shall be punished with imprisonment from 2 up to 5 years.
3. If the fact results in :
a) a serious assault on physical integrity, the perpetrator shall be punished with imprisonment from 2 up to 8 years.
b) death, the perpetrator shall be punished with imprisonment from 3 up to 10 years.
1. Whoever abducts another person by means of violence, threat or artifice in order to ;
a) submit the victim to extortion ;
b) commit an offence against the victim's freedom and sexual self-determination ;
c) obtain a ransom or reward ; or
d) force the Public Authorities or a third party into committing an act or omission, or into supporting an activity ;
shall be punished with imprisonment from 2 up to 8 years.
2. Whenever the situations provided for :
a) in subsection 2 of Section 158 apply, the perpetrator shall be punished with imprisonment from 3 up to 15 years ;.
b) in subsection of 3 of Section 158 apply, the perpetrator shall be punished with imprisonment from 8 up to 16 years.
3. Whenever the perpetrator voluntarily renounces to his/her goal by releasing the victim, or seriously endeavours to achieve this, the punishment may be particularly mitigated.
Profaning a corpse or a burial ground
1. Whoever :
a) without the entitled person's consent, removes, destroys or conceals a corpse or part of it, or the ashes of a deceased person ;
shall be punished with imprisonment up to 2 years or with a Fine, up to 240 days.
2. The attempt is punishable
Ability and duty to testify
1. Any person who is not banned due to mental illness has the ability to be a witness and may decline only when provided for by Law.
2. The Judicial or Prosecuting Authority checks the physical or mental ability of any person to give Testimony, whenever this is required to assess his/her credibility, and without causing any delay to the normal course of the proceedings.
3. In case of a Testimony given by a minor under 18 concerning an offence against the freedom and sexual self-determination of minors, a personality assessment may be conducted.
4. The inquiries referred to in the previous subsections, and ordered prior to the Testimony, do not prevent it from being given.
General duties of the witness
1. Unless otherwise provided for by Law, the witness shall be bound to the following duties:
a) To appear in due time and place before the Authority by whom he/she was Legally summoned or subpoenaed, keeping himself/herself at the disposal of that Authority until excused ;
b) To take an Oath when questioned by a Judicial or Prosecuting Authority ;
c) To obey to Legally given instructions on how to Testify ;
d) To tell the truth when questioned ;
2. The witness shall not be bound to answer when alleging that self-incrimination may result from his/her answers.
3. In order to receive summons, the witness may state his/her residence, office address or any other domicile of his/her own choice.
4. Whenever the witness must give Testimony, even in the course of an act that is barred to the public, his/her Lawyer may be present, thus informing hi/her, whenever deemed necessary, of the rights he/she is entitled to, without intervening in the examination.
5. No Lawyer acting as defence counsel for a formal suspect in the proceedings may be present with the witness under the provision set forth in the previous subsection.
1. Members of the Clergy, Lawyers, Doctors, Journalists, members of credit institutions and any other persons whom the Law allows or imposes professional secrecy, may be excused from giving Testimony on facts falling within it.
2. If there ate reasonable doubts about the legitimacy of the excuse, the Judicial or Prosecuting Authority before which it occurred will carry out the necessary inquiries.
Should the Judicial or Prosecuting Authority, as a result, come to the conclusion that the excuse is not legitimate, it shall then instruct, or request the Court to order that the Testimony be given.
3. The Court superior to the one where the incident arose or, in case the incident arose in the Supreme Court, the plenary meeting of it's Criminal Section may decide that Testimony be given with breach of professional secrecy whenever there is reasonable ground for it, according to the principle that the preponderant interest prevails, namely considering that Testimony is essential to discover the truth, the seriouness of the offence and the need for protection of rights. The intervention is initiated by the Judge, ex-Officio or upon request.
4. In the cases set forth in subsection 2 and 3, the decision of the Judicial or Prosecuting Authority or that of the Court is taken after hearing the representative body related with the profession the secrecy of which is at issue, under the terms and with the efforts provided for in the Legislation applying to that body.
5. The provisions in subsection 3 and 4 do not apply to religious secrecy.
Undergoing an examination
1. Whenever a person attempts to avoid or hinder any due examination or providing any object to be examined, he/she may be compelled to do so by decision of the competent Judicial or Prosecuting Authority.
2. The provisions of subsection 2 of Section 154 and of subsection 5 and 6 of Section 156 apply accordingly.
3. Any examinations that are liable to offend a person's modesty must respect the dignity and, as far as possible, the modesty of the person undergoing them. The examination is exclusively attended by the person performing it and by the competent Judicial or Prosecuting Authority, the person to be examined may be accompanied by a person he/she relies on, if no danger arises from a delay, and he/she must be informed of this possibility.
Professional or Official Secrecy and Secrecy of State
1. When ordered to do so by the Judicial or Prosecuting Authority, the persons mentioned in Sections 135 to 137 present it with the Documente and any Objects in their possession that must be seized, except when invoking, in writing, professional or Official Secrecy, or Secrecy of State.
2. Whenever refusal is based on professional or Official Secrecy, the provisions of subsection 2 and 3 of Section 135 and those of subsection 2 of Section 136 apply accordingly.
3. Whenever refusal is based on Secrecy of State, the provisions of subsection 3 of Section 137 apply accordingly.
1. Intercepting or recording telephone conversations or communications can only be Authorized at the stage of inquiry, whenever there are reasons to believe that this measure is essential to discover the truth, or because evidence would otherwise be impossible or very difficult to obtain, under a substantiated order of an investigating Judge and upon a request submitted by the Prosecution Service, with regard to the following offences :
a) Offences punishabloe with a maximum imprisonment term exceeding 3 years.
4. Irrespective of the holder of the communication means used, interception or recording as provided for in the previous subsections can only be Authorized regarding :
a) a suspect whether formal or not ;
b) any person serving as an intermediary, about whom there are reasonable grounds to believe he/she receives or transmits messages aimed at or coming from a suspect, whether formal or not.
1. The Criminal Police body carrying out the interception and recording as referred to in the previous Section draws up the corresponding report and a statement outlining the passages that are relevant as evidence, offers a brief description of the contents therein and explains their significance for discovering the truth.
2. The provisions set out in the previous subsection shall not prevent the Criminal Police body carrying out the investigation from previously taking knowledge of the contents of the intercepted communication, so as to be able to take the necessary precautionary and urgent measures in order to safeguard evidence.
3. The Criminal Police body referred to in subsection 1 informs the Prosecution Service every 2 weeks as from the beginning of the first interception carried out in the proceedings of the corresponding technical equipment, as well as of the respective reports and statements.
4. The Prosecution Service informs the Judge of the elements referred to in the previous subsection at the latest within a period of 2 days.
5. In order to take knowledge of the contents of the conversation or communications, the Judge is assisted, whenever deemed convenient, by a Criminal Police body, and appoints an interpreter, if necessary.
6. Subject to the provisions set forth in subsection 7 of the previous Section, the Judge determines that any technical equipment and statements clearly unrelated to the proceedings be immediately destroyed :
a) whenever they concern conversations in which none of the persons referred to in subsection 4 of the previous Section intervene ;
b) whenever they include information covered by professional or Official Secrecy, or by Secrecy of State ; or
c) whenever their disclosure may cause serious harm to any rights, freedoms and guarantees, all intervening parties shall be bound by secrecy with regard to the conversations that have come to their knowledge.
7. During the inquiry, and upon request of the Prosecution Service, the Judge determines that any conversations and communications essential to substantiate the application of coercive or property guarantee measures, except for the statement of identity and residence, be transcribed and added to the case file.
8. As soon as the inquiry is closed, the Prosecuting party and the Defendant may examine the technical equipment regarding the conversations and communications, and they may obtain at their expense, copies of the Sections they wish to transcribe and add to the case files, as well as copies of the statements referred to in subsection 1, until the limitation period established either for requesting the opening of the investigation, by the investigating Judge or for submitting the defence has expired.
9. The only conversations and communications that are valid as evidence are those :
a) the transcription of which the Prosecution Service ordered to the Criminal Police body carrying out the interception and recording, and indicated as evidence for the Prosecution ;
b) the transcription of which, based on copies as mentioned in the previous subsection, is carried out by the Defendant, who adds it to the request for the opening of the investigation by the investigating Judge or to the defence ; or
c) the transcription of which, based on copies as mentioned in the previous subsection, is carried out by the Prosecuting party within the limitation period established for requesting the opening of the investigation by the investigating Judge, even if said party does not request it or is not legitimately entitled to do so.
10. The Court may listen to the recordings in order ot establish whether any corrections need to be made in transcriptions already carried out or new transcriptions need to be added to the case file, whenever deemed necessary to discover the truth and settle the case.
11. The people whose conversations or communications were intercepted and transcribed may examine the corresponding technical equipment until final Judgement is given.
12. Any technical equipment regarding conversations or communications that are not subject to transcription in order to serve as evidence shall be kept in an envelope sealed with wax and held to the order of the Court, being destroyed after the sentence becomes final and binding, thus closing the proceedings.
13. Once the sentence becomes final and binding, as provided for in the previous subsection, the technical equipment that has not been destroyed shall be kept in an envelope sealed with wax, together with the case file, and may only be used if an extraordinary appeal is filed.
1. The provisions in Sections 187 and 188 apply correspondingly to conversations or communications transmitted by technical means other than the telephone, namely electronic mail or other ways of telematic data transmissions, even when kept on digital equipment, as well as to the interception of communications between people present.
2. The gathering and adding to the case file of data regarding cell location or of records regarding conversations or communications can only be ordered or Authorized, at any stage of the proceedings, following a Judicial Order with regard to the offences provided for in subsection 1 of Section 187 and concerning the persons mentioned in subsection 4 of said Section.
Acts to be ordered or Authorized by the investigating Judge
1. During the inquiry, the investigating Judge is the only Authority competent to order or authorize :
e) The interception and recordings of conversations or communications as provided for in Sections 187 and 189 ;
f) The performance of any other acts strictly dependent by Law on the investigating Judge's Order or Authorization.