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Rebuttal of "Fact" 27

Page history last edited by Cath 11 years ago

 

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27. The Home Office refused the Portuguese police permission to examine the McCanns’ credit card and bank statements, mobile ’phone records and Madeleine’s medical records.

 

Verdict - False. The Home Office didn't refuse the Portuguese police permission to examine the aforementioned 

Source - Amaral's book, a media article and the police files

 


 

 

Summary of Verifiable Facts

 

  1. The Portuguese police asked for the transactions regarding Gerry McCann's credit cards for the period between 1st April 2007 and 30th September 2007. The Home Office asked for clarification of the basis upon which they made the request. There's no reply to that in the files. The basis for the request made by the PJ, was on a false/mistaken claim by a witness.
  2. The Portuguese police didn't ask for the McCann's bank statements. They asked for information about the McCann's background, and they received that information.
  3. The Portuguese police didn't ask for the McCann's mobile phone records (they had them). They asked for identification of the owners of 44 phone numbers, as well as a list of the incoming and outgoing calls, sms and mms messages relating to those numbers. The Home Office supplied a list of the subscribers' details. The other requests were retracted by Paulo Rebelo (PJ).
  4. The Portuguese police didn't ask for Madeleine's medical records, they asked for her dental record. The Home Office supplied them with a copy of it. 
  5. In addition to no. 4 above: the McCann's lawyer sent a fax to the PJ requesting to hear a list of witnesses which included their GPs. The PJ didn't ask these GPs any questions.

 

 

Extract from Amaral's book, with relevant sections highlighted in red

 

This is the source for the MMRG's claim regarding Madeleine's medical records, a book: 

Her parents have always insisted that Madeleine was in good health. The medical files, requested several times from Great Britain were never sent to us. These could have been deciding factors. Why didn't we have access to them? We never knew the truth of the matter. It's deplorable that the British legal system could be quite so uncooperative in this type of situation. In the course of the investigation, a doctor pointed out to us that Madeleine had a mark in her eye, described by some as a coloboma of the iris, which can be associated with other disorders, for example cardiac insufficiency. In spite of repeated requests to the British Medical Association, we were never able to confirm that hypothesis, a simple photo not being sufficient to establish a medical diagnosis.
(note: Amaral was removed (sacked as it was called in the newspapers) from the investigation early October 2007. The Rogatory Letters were sent months later)

 

Extract from a media article, with relevant sections highlighted in red

 

Correio da Manhã [1],paper edition, 21.07.2008 Translation by astro

Clinical records – The Public Ministry decided that the PJ should not access the clinical records of Madeleine and the twins Sean and Amélie. The prosecutor sustained that such would violate the privacy of the children and their parents, and the evidence might be considered null. For the magistrate, the request was not duly sustained, either.

 

Extracts from the files, with relevant sections highlighted in red

 

Re- credit cards;-

Rogatory Letter(s)

xxii - Transactions regarding the Mastercard Credit Cards, numbers 54355690018XXXXX and 54355690011XXXXX, used by GERALD McCANN in the time period between 1st April, 2007, and 30th September, 2007.

Home Office 5 March 2008
Page 58 XXII – please justify the request by reference to what is being alleged in relation to these cards. Please explain why you are seeking access to the transaction data for 6 months and why only these credit cards?

I have to consider issues or proportionality in relation banking information before I can nominate a court to hear this evidence.

Addendum Rogatory letter
point XXII - Delete, replacing it by the following: "To request details of all the transaction on the mastercard credit cards accounts known to be used by Gerald McCann (mastercard account numbers ************ and *************. We request these transactions from the 1st April 2007, approximately one month before the McCann came to Portugal, to the 30 Sept 2007, shortly after they returned to the UK. This will enable the investigation team to ascertain if any relevant payments or transactions were made from the accounts. This will assist the investigation to identify if there are any unknown motives behind the disappearance of Madeleine McCann, or aid the identification of an individual or individuals responsible for her disappearance. To date the McCanns have not identified any such payments or transactions to the investigation team."

Reply Home Office
I am writing further to my letter dated 5 March 2008 and your letters dated 14 and 27 March 2008 concerning your request for banking evidence relating to Gerald McCann.
ln my letter dated 5 March 2008, I asked for clarification of the basis upon which you made the request for access to transaction Mr McCann's Mastercard credlt card accounts for a 6 month period. ln your letter dated 14 March 2008 you explained that the reason for the request was to enable the Investigation tearn to identify if there were any unknown motives behind the disappearance of Madeleine or identify any individual or individuals responsible for her disappearance. I remain concemed about the basis upon whlch you seek evidence relating to 6 months transactions, beginning 1 April 2007 (6 weeks prior to Madeleine's disappearance).
When officers from Leicestershire Constabulary met with the Portugese case team they were informed that the request for banking evidence arose as a result of a reported sighting of Mr McCann at a cash machine whilst talking on a mobile telephone, following Madeleine's disappearance. The Portuguese case team were therefore concerned to ascertain whether the cash machine transaction and the call were related and whether they linked to Madeleine's disappearance.
As you know, in considering requests for coercive measures the Secretary of State must consider necessity and proportionality. On the basis of the information before me, the request for evidence relating to Mr McCann's Mastercard accounts for a 6 month period has not been fully justified and appears disproportionate. Were you to provide further information justifying this 6 month period or, at least in the first instance, refine your request to a period immediately prior to and following the day of the alleged sighting, I would be more than happy to look at this part of the request again.

 

PJ Final Report (page 46/47)

From pages 3932 to 3937, another witness alleged that she had seen GERALD McCANN, in Avenida Descobrimentos, in Lagos, near an ATM 47 terminal, at around 2.26 p.m. on the 7th of May  007. According to the witness, the father of the minor was talking on the phone, saying “don’t hurt Madeleine, please”. She was not peremptory in affirming that it was GERALD McCANN. It seems unlikely to us that it was GERALD, given the fact that on that day, he only activated antennas in Praia da Luz, adding to the fact that, at around 2.16 p.m., he activated an antenna in the centre of Praia da Luz, which we consider to make it impossible that he was present in Lagos ten minutes later.
 

 

Re- background information;-

Rogatory Letter(s)
XVI - The competent Forensic Entity should be provide a detailed report on the social/economic/professional context of the arguidos (formal suspects) Gerry McCann and Kate Healy, as well as their Legal Records.
Point XVI - Delete, replacing it by the following: "The competent entity are requested to provide a report covering the antecedent history of arguidos (formal suspect) Gerald McCann and Kate Healy. This report should include details of the family and their associates connected to this case. It should also cover their financial status prior to and after the disappearance of Madeleine. Their professional status and employment history as well as any criminal records relevant to them. This will assist the investigation to identify if there are any unknown motives behind the disappearance of Madeleine McCann, or aid the identification of any individual or individuals responsible for her disappearance."

Reply Home Office
5. Page 57 (PJ Ref XVI) Provide full antecedent history of Gerry & Kate McCANN ; please see enclosed copy of the 2 reports by DC Hughes

 

Re- (mobile) phone records;-

Gerry McCann 2007.05.04 : When asked, he says that he authorises a reading of the recorded data of his mobile phone no. 00***7869***88.

Kate McCann 2007.05.04 : Following a request from the inspector, she authorises a reading of the calls on her mobile phone.

 

The PJ didn't need to ask for the McCann's (or their friends) mobile phone records, they had the records.

 

Family and Minor Court of Portimao

Of the diligences required by the Public Ministry I do not authorise the delivery in digital format (CD or DVD) of the contents of any message sent or received by SMS or MMS concerning the telephone numbers shown on pages 2681 and 2682 as this would signify gaining knowledge of the content of the conversation or telephone communication that has already taken place and without there having been a previously authorised legal dispatch.

 3063 to 3067 - PGR Letter to Evora Judges contesting their decision to not allow access to SMS and MMS messages

A Portuguese Judge rejected the appeal

 

Rogatory letter

II - Request the respective telephone network operating companies to provide a complete identification of the owner's of the following telephone numbers :
(Listed here, are 44 telephone numbers to be identified),
* as well as a list of the incoming and outgoing calls, including the SMS and MMS messages relating to the above referred telephone numbers, between 2nd May, 2007, 00.00.00 and 5th May, 2007, 00.00.00
III - After receiving and analysing the requested information in II above, please interview the users of the aforementioned identified telephone numbers at the period of time referred to above. That should be asked the following questions:
* Do you know the MCCANN family ? What kind of relationship do you have with them?
* Are you a friend or an acquaintance of the other elements of the group?

 

Reply Home Office

1. Page 42 (PJRef II) Telephone subscriber details and incoming/outgoing call data; incoming/outgoing call data no longer required per Paulo Rebelo, please see enclosed copy of report by DC Johnson which details the subscriber details.
2. Page 42 (PJ Ref III) Interview all identified users of telephones as per request II, no longer required per Paulo Rebelo.

 

Re- Madeleine's medical records;-

The PJ didn't ask for these records in the Rogatory request. Nor did they ask any questions about Madeleine's health to the GP's who were interviewed on request of the McCann's.

 

Rogatory letter(s)

XVII - To request the competent Entity to provide MADELEINE McCANN'S dental records.

 

Reply Home Office

11. Page 57 (PJ RefXVII) Request to provide Madeleine McCann's dental records. A copy of the dental records was obtained on 15th May 2008, and is enclosed. A statement producing these as an exhibit is also enclosed.

 

 

Compare MMRG statement with the actual FACTS

 

MMRG quote: The Home Office refused the Portuguese police permission to examine the McCanns’ credit card and bank statements, mobile ’phone records and Madeleine’s medical records.

Actually: The Portuguese police failed to justify their request for obtaining details about Gerry McCann's credit card transactions over a period of 6 months, starting one month before Madeleine's disappearance. As it turned out, the reason why they made the request was based on a witness statement that turned out to be wrong.

The PJ didn't ask for bank statements, they did ask for background information, which was supplied by the Home Office.

The PJ didn't ask permission to examine the McCann's mobile phone records (they obtained them from the three Portuguese national telephone operators). They asked for identification of the owners of 44 (mobile) telephone numbers. The Home Office supplied them with a list of the subscribers.

The PJ didn't ask for Madeleine's medical records. They asked for her dental records. The Home Office supplied them with these.

According to Correio da Manhã (see footnote) it was the he Public Ministry who decided that the PJ should not access Madeleine's clinical records.

 

Conclusion

 

Again the MMRG makes a statement that is based on poor understanding of the actual request and it provides an assumption that there is a cover up from the Home Office. If they had done their research properly, they would have noted that their statement is false. We assume the reason why they make false claims in their 'research' material is to cast suspicion on the process and in this case, suspicion on the involvement of the Home Office. Totally uncalled for; the statement is misleading and false.

 

Footnotes

  1. Correio da Manhã is a Portuguese tabloid. Up until now we haven't been able to find anything in the PJ files that backs up this claim. What CdM wrote about the Irish man for instance is twist of what's really happened. The PJ asked the BRITISH authorities to ask the man questions. He's an IRISH citizen, so the PJ should have addressed that request to the Irish authorities. There's several statements of this man (and his family)in the released PJ files.

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