Friday, 27 July 2007

Portuguese experts dismiss possibility of prosecution of Gerry and Kate

The possibility of Madeleine parents being accused of negligence was considered “ridicule” by Luís Villas-Boas, head of “Refúgio Aboim Ascenção” and one of the most prestigious personalities, in Portugal, in the area of child protection. Villas-Boas, interviewed by Diário de Notícias (DN), referred a case, in 2001, when a British couple abandoned a small baby near the Lagos airport and took a plane to UK.
“That was a crime and the couple wasn't accused or arrested. I'm surprised that the British are looking, now, for evidence to accuse the parents of the kidnapped child, when they didn't arrested that couple, a few years ago”. The baby was sent to “Refúgio Aboim Ascensão” and later adopted by a Portuguese family. Mr. Villas-Boas emphasised that there was not, in his opinion, a crime of negligence, from Madeleine's parents, they just “made a mistake” and they will have "to deal with the results of that mistake for the rest of their lifes, if Madeleine isn't found". A lawyer contacted by the newspaper considered also highly improbable that an accusation of negligence would be accepted by a court, in this case.
The “Daily Express” wrote that “there have been calls in Portugal to prosecute the pair for leaving their children alone”, but didn't mentioned who made those calls. The Portuguese Press referred news in the British Press, chats and forums in the Net, talking about alleged investigations by Prosecution services, in UK, which were analysing the case of Madeleine, in order to produce an eventual accusation against Gerry and Kate.

1 comment:

amazonas said...

This type of crime is very very rare in portugal but in terms of a different situation young female baby sitters are likely to bring in their boyfriends who smoke pot and drink booze and can attract gangs and start fires. The sophisticated portuguese Sol weekly news magazine article by Felicia Cabreta and Margarita Davim discloses that the McCann circle of friends liked to dine and be merry untill hours late enough that they demanded an individual baby sitter, Mark Warner Ocean Club group baby sitting service closed down by that hour - which they would have no problem affording. Money could not be the problem. In terms of bringing the case to court as a misdermeanor for a fine or warning which is all this case could warrant - if the consequences to this point are not punishment enough without court action - the protective quality of the apartment as left by the McCanns with children sleeping must be looked at cautiously and reasonably and logically. In this case the doors of the McCann apartment facing the Tapas restaurant where the parents were dining at, exactly one official tennis court distance from the McCann apartment court yard, were left unlocked in case of fire so the children could exit the apartment into the courtyard facing the Tapas where the parents could hear them or Madeline could open a second court yard door to a beautiful strolling alleyway and lead the twins over to the Tapas restaurant - as she knew the way. The children could be heard easily but not visually seen in the McCann apartment courtyard from the Tapas restaurant where they were dining due to the beautiful alleyway that passed by the McCann apartment courtyard, meant mainly for strolling, with walls on both sides of the alleyway with thick shrubbery reaching above the alleyway walls which blocked line of sight. But they could be heard, and doors were left unlocked to reiterate to if needed exit into the courtyard and pass out onto the strolling alleyway to the Tapas restaurant. So in this respect there was a very critical measure of protection which was ready and easy voice contact and ease in reaching the Parents at the Tapas. In case of a fire the exact dimensions can not before hand be accurately measured so the door on the opposite side of the apartment which faces the avenue and spacious sidewalk which ends east in 300 feet at the large Murat Casa Villa Lilliana wall - where vehicles reaching that point must take a ninety degree angle turn on an avenue and sidewalk north following some distance along side the Casa Villa Lilliana wall - must also have been left unlocked and the window of the children's bedroom which faces the spacious sidewalk open sufficiently to provide ventilation as apartments have gas and or electricity and gas can leak and cause asphixication and electrical fires can smoulder and cause toxic fumes and cause asphixication. So the McCanns would also have had to have left the apartment in a condition that adequate window ventilation was provided. The first testimony (see Sol article) of Dr. Matthew Oldfield whose turn it was to do the 9:30 P.M. checking on all the children of the McCann inner circle (someone checked faithfully every half hour) was that the shutters were cracked and all three children sleeping peacefully and all was well. It appeared one could guess one of the children had been up to get a glass of water and then got into bed and went back to sleep leaving the bedroom door partly open. Then at 10:00 P.M. it was the turn of Kate McCann to do the children checking for the group and she found Madeline missing. In stress she called her people in the British Islands telling them someone had broken into the apartment as the shutters were open and they had left them locked. I do not know if the window was vented and if the shutters locked permitted enough ventilation. Dr. Matthew Oldfield originally took the position the shutters were unlocked and cracked. Whatever the case if there was sufficient window ventilation for toxic leaking gas to pass out of the apartment window to the outside air and toxic electrical fire fumes to do the same the McCanns satisfied requirements satisfactorily and should not be brought up on a misdermeanor. Overall, as the McCann case is a rare rare case in Portugal, what to worry about was fire, and toxic fumes not necessarily associated with an ordinary fire but instead with gas leak and or toxic fumes of smouldering electrical fire. I am a licensed master social worker of New York State in the U.S. James Franklin Lawton