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Post by honestbroker1 » Fri Mar 27, 2020 10:31 pm

This legal type of crime is only fulfilled with intent, and this intent has to cover the creation of danger to the victim's life, as well as the absence of a capacity to defend herself, on the victim's behalf. In the case of the files and facing the elements that were collected it is evident that none of the arguidos Gerald or Kate acted with intent. The parents could not foresee that in the resort that they chose to spend a brief holiday, they could place the life of any of their children in danger, nor was that demanded from them: it was located in a peaceful area, where most of the residents are foreign citizens of the same nationality and without any known history of this type of criminality.

The parents didn't even represent the realisation of the fact, they trusted that everything would go well, as it had gone on the previous evenings, thus not equating, nor was it demanded from them, the possibility of the occurrence of an abduction of any of the children that were in their respective apartments.

Reinforcing what was said is also the fact that despite leaving their daughter alone with her siblings in the apartment during more or less dilated moments, it is certain that in any case they checked on them. Without any pretension or compensatory effect, we must also recognise that the parents already expiate a heavy penalty - the disappearance of Madeleine - due to their lack of caution in the surveillance and protection of their children.

Concerning the other indicated crimes, they are no more than that and despite our perception that, due to its high degree of probability, the occurrence of a homicide cannot be discarded, such cannot be more than a mere supposition, due to the lack of sustaining elements in the files.

The non involvement of the arguidos parents of Madeleine in any penally relevant actionseems to result from the objective circumstances of them not being inside the apartment when she disappeared, from the normal behaviour that they adopted until said disappearance and afterwards, as can be amply concluded from the witness statements, from the telephone communications analysis and also from the forensics' conclusions, namely the Reports from the FSS and from the National Institute for Legal Medicine.

To this can be added that, in reality, none of the indications that led to their constitution as arguidos was later confirmed or consolidated. If not, let us see: the information concerning a previous alert of the media before the polices was not confirmed, the traces that were marked by the dogs were not ratified in laboratory, and the initial indications from the above transcribed email, better clarified at a later date, ended up being revealed as innocuous.

Even if, hypothetically, one could admit that Gerald and Kate McCann might be responsible over the child's death, it would still have to be explained how, where through, when, with what means, with the help of whom and where to they freed themselves of her body within the restricted time frame that would have been available to them to do so. Their daily routine, until the 3rd of May, had been circumscribed to the narrow borders of the 'Ocean Club' resort and to the beach that lies next to it, unknowing the surrounding terrain and, apart from the English friends that were with them on holiday there, they had no known friends or contacts in Portugal.

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Post by Whiterose » Sat Mar 28, 2020 10:47 am

"The greater the difficulty, the more glory in surmounting it. Skillful pilots gain their reputation from storms and tempests."


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Post by honestbroker1 » Sat Mar 28, 2020 4:56 pm

Here are the recommendations of Mark Harrison.

They are more notable for what isn't there, than what is: no reference to the McCanns' rented villa, vehicles, besides those of Robert Murat's, or clothing.
McCann's Apartment.

The apartment in which the McCann's had stayed may present further
opportunities to search. The use of a specialist EVRD (Enhanced Victim
Recovery Dog) and CSI dog (human blood detecting dog) could potentially indicate on whether Madeline's blood is in the property or the scent of a dead body is present. In relation to the dead body scent if such a scent is indicated by the EVRD and no body is located it may suggest that a body has been in the property but removed. This search process could be repeated in all the apartments that were occupied by the friends holidaying with the McCann's.
Murat's House and Garden.

The property has been forensically examined to recover any surface trace evidence however the house and gardens may benefit from a fully invasive specialist search to preclude the presence of Madeleine McCann.
A method previously employed on similar cases has been to use the below assets.
Deploy the EVRD to search the house and garden to ensure Madeleine McCann's remains are not present. The dog may also indicate if a body has been stored in the recent past and then moved off the property, though this is not evidential merely intelligence.
Deploy the CSI dog to search the house to locate any human blood.
This will act in support of the forensic examination already completed.
An inhibiting factor will be on areas where Luminol has been used.

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Deploy geophysical instruments in the house and garden to detect any burial of a body or concealment in voids.

These specialists should be supported by physical search teams exploring and accessing all areas where concealment of a child's body could be made typically 0.5m.

Murat's Vehicles.

All vehicles Murat has had access to have been forensically examined to recover any surface trace evidence however they may all benefit from a full search by the EVRD and CSI dogs. They may be able to detect whether a dead body has been transported in one of the vehicles for intelligence purposes or detect human blood deposits that can be recovered and
examined in a laboratory for Madeleine McCann's blood.

Open Area to East of Praia Da Luz.

This open area between the village urban limits and the Boavista golf club to the east and includes a plateau on which sits a trig point and mobile phone mast.
This area has been previously searched by officers and dogs walking through the area to check for Madeleine McCann's visible remains. However considering the new scenario of Homicide and concealed deposition this area affords many opportunities to dispose of a body. Within this area there are old empty properties, wells, thick vegetation, pockets of soft sand and natural fissures in the cliffs. Whilst there is no intelligence she is buried or concealed in this land it would be a natural place an offender may choose dose to the Village using the least effort principle. A proportionate response may therefore be considered to conduct a search of this area using a team of Victim Recovery Dogs (VRD) that are specifically trained to located concealed human remains.
Prior to undertaking this task it would be beneficial to consult with a Forensic Anthropologist with knowledge of this region of Portugal to give opinion as to the likely state of any remains to be found. Further research could also be conducted with regards to the natural scavenging predators in the area.

An inhibiting factor is that since the disappearance of the child an old empty house adjacent to the Trig Point on the Rocha Negra has been demolished and all rubble removed, If she was concealed within this property the search would be unlikely to detect her now.

Praia Da Luz Beach and Shoreline.

The beach and shoreline are bounded by high cliffs and shallow waters. The beach has fine granular sand and provides easy digging. However the beach is extensively used by tourists and locals and af?rds minimal areas of cover from view for concealment. It may be considered appropriate to use the VRD dog team supported by geophysical GPR to sweep the beach. This would be

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a considerable time and cost undertaking and should be weighed in the absence of specific intelligence.

Search Duration.

If all the described assets were deployed it would be likely all assets would complete their searches within one week.
Later, it is true, Mark Harrison does make reference to an extended range of searches, but the way he words it is completely different:
In complying with these terms I undertook a series of briefings and site visits. These were with GNR and PJ personnel who had been involved in the previous searches conducted the week following Madeleine McCann’s disappearance in Praia da Luz.

The output of this process of reconnaissance and review was a written document entitled “Madeleine McCann Search Decision Support Document” (see appendix 2) and submitted to the PJ with copies supplied to Leicestershire Police and NPIA on 23-07-07.
It recommended considering re searching:

- All accommodation occupied by the McCann family and their friends as well as any hired vehicles.
- The villa and garden occupied by Robert Murat and any vehicles he had access to.
- Areas of wasteland adjacent to Murat’s and the McCann’s apartment.
- Areas of the beach in Praia da Luz.
- A portion of the coastline east of Praia da Luz.

These recommendations were based on the fact that these areas had not been previously searched with the specific intent to locate Madeleine McCann’s concealed and deceased body and that the areas recommended afforded likely and obvious places to consider for concealment in such an investigation.

This document was discussed on 23-07-07 with the PJ Director, myself and the Leicestershire Police liaison officer DI Neil Holden who made relevant notes.

On 25-07-07 the PJ Director decided his officers would re-search some of the areas suggested within the report. He also decided the order of their priority. These were the accommodation the McCann’s and their friends have occupied in Praia da Luz, the villa and the grounds occupied by Robert Murat, wasteland that surrounds these locations and any known vehicles the suspect, the McCanns and their friends had access to when Madeleine disappeared.

On 26-07-07 the PJ Director requested I consider the beach and marine environment at Praia da Luz for re-search and compile a report. I held meetings with coastal dynamic experts from the University of the Algarve in the presence of PJ officers and submitted a report to the PJ on 31-07-07 entitles “NPIA OP TASK Search Doc Beach and Marine” (see appendix 3) with copies sent to Leicestershire Police and NPIA.
Did Mark Harrison really write, with a straight face, that the McCanns' villa, moved in to AFTER a full-scale police and civilian search for Madeleine, might an 'obvious place to search' for Madeleine's 'concealed and deceased body'?

Surely not.

And even from the above, note two omissions: no reference to clothing and no reference to the gym.

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Post by honestbroker1 » Sat Mar 28, 2020 5:21 pm

Mark Harrison's retrospective time line of searches
On 31-07-07 the PJ conducted canine searches with a search warrant at apartments in Praia da Luz that had been previously occupied by the McCanns and their friends.

On 01-08-07 the PJ and GNR assisted by a canine, conducted searches on the eastern beach and wasteland in Praia da Luz.[

On 02-08-07 the PJ conducted a search warrant at a villa in Praia da Luz currently occupied by the McCann family.

Later the same day PJ officers conducted a screening procedure involving items removed from the McCann’s villa.

On 03-08-07 PJ and GNR officers were given instruction based on translated extracts from NPIA doctrine on search management and procedures. This focused on search procedures relating to buildings and vehicles.

On 04-08-07 and 05-08-07 a search warrant was executed at the villa and gardens belonging to the PJ suspect Robert Murat. This search involved both PJ and GNR personnel supported by civil defence, geophysical equipment operators and a canine handler.

On 06-08-07 ten vehicles were searched associated to the enquiry.

On 07-08-07 the western beach and remaining wasteland areas were searched using canine and GNR personnel.

On 08-08-07 the drains around the apartment block where Madeleine McCann disappeared from were subject to a visual inspection by PJ officers.
Mark Harrison's retrospective summary of all searches.

Acknowledgement of Grime and his dogs only in those inspections Mark Harrison originally recommended: Vehicles of Robert Murat only, the holiday apartments and the villa of Robert Murat and his mother.

That was it.

And, of course, Mark Harrison waited until AFTER both inspections at the McCanns' villa and the gym to offer PJ personnel translated NPIA literature on correct procedure for inspections of vehicles and in buildings.

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