Given the nature of the facts under investigation and why it may
If the life of a child is at stake, I order this investigation. is urgent in nature, taking place during judicial holidays. I ask the PJ to translate the preceding file.
The present case investigates, among other things, conduct that could be included in the crimes of kidnapping, among others, e.g. by the provisions of art s 160 of the Criminal Code.
From the surveillance carried out, it was found that the suspect uses several vehicles on his travels, and has a close relationship with the individuals identified below and who, according to the evidence collected so far, may have some connection with the facts under investigation, namely with Luis António; Sergey Malinka, Michaela Walczuch;
Ralph Eveleigh – Robert Murat’s uncle.
Therefore, accepting the suggestion of the Judiciary Police, I authorize, under and in compliance with the provisions of articles 174, 176, 178 and 267 of the CPP, the carrying out of a search to seize objects and traces and other elements of evidence relating to to the subject of these documents to
vehicles:
- VW Transporter – 44-77-KD (Murat)
- Peugeot 205 – RI-96-03 (Murat)
- Hyundai Getz – 60-AX-86 (car rented by Murat)
- VW Passat – 57-12-HP (Luís António)
- Renaul Kangoo – 07-50-UI (Luís António)
- Nissan Patrulha – VH-24-22 (Luís António)
- Audi A4 – 10-91-FP (Sergey Malinka)
- Skoda Fabia – 96-26-VE (Michaela Walczuch)
- Fiat Punto – 45-49-ER (Ralph Eveleigh – Murat’s Uncle).
Searches are to be carried out by the Judicial Police within 30 days.
To this end, pass mandates that I analyzed and that should be
handed over to the Judiciary Police for compliance.
Afterwards, hand over the files and warrants to the PJ in order to
deliver the first ones to Mm. JIC.
Send to Mmo JIC for consideration and decision.
In order to comply with the provisions of Article 188 of the Code of Criminal Procedure, I hereby inform Your Excellency that the Judiciary Police will conduct a hearing of the sessions intercepted from the Targets with the following numbers:
These hearings concern the period between 12/07/2007 and 20/07/2007, and no session of interest for the investigation was identified.
Includes 03 (three) CDs with the recorded sessions.
The records of cessation of intercepted targets are also joined, and for now it is not necessary to extend them, with the exception of three targets, as will be mentioned below, so that the
present interceptions, whose terminus occurred on the 20th of this current day.
The present case investigates, among other things, conduct that could be included in the crimes of kidnapping, among others, e.g. by the provisions of art. s 160° of C. Penal.
Therefore, it must be considered in view of the evidence collected so far that there is evidence that substantiates a strong suspicion of the authorship of the
said facts belong to Robert James Queriol Eveleigh Murat.
In view of the investigation of the aforementioned crimes, and as is referred to by the Judicial Police, it would be useful to try to collect more evidence inside the residence of the suspect and his mother Jennifer Anne Murat, whose residence adjoins that of the suspect and which he frequents frequently, suspecting her of if they can be there
find traces of crimes.
Therefore, taking into account that any seizure of objects and collection of traces must be carried out following a search of the suspect’s and his mother’s home, as those pieces of evidence will be stored in a location that is not freely accessible to the public (article 174, no. 19, 2 and 3, of the CPP), it is promoted that a home search be judicially ordered, to be carried out in accordance with articles 176 no. 1 and 2, and 177, n. 1 and 2. of the CPP., in the residence, respective garages and outbuildings on Rua Ramalhete, Casa Liliana, Luz Lagos, such search being intended to allow the seizure of objects related to the crimes under investigation and all evidence, with interest for the investigation to be carried out in these files, which are found in that location, and which are susceptible to
seizure, resorting to breaking down the door if necessary.
It is suggested from now on that carrying out the aforementioned home search be entrusted to the Judiciary Police, with the M.P appearing to be assigned to the warrants have a validity period of 20 days.
*
As is already clear from this Inquiry, and has been proven by the investigation carried out by the PJ, there is evidence of the commission of a crime in the records
of Abduction (art. 160 of the Criminal Code).
Access to and use of the telecommunications network or service presupposes the competition of several elements, some basic (the station and the
access number), other traffic (direction of communications, location, date, duration) and content (content of the message or transmission itself).
Now, the secrecy of communications covers, in addition to the so-called traffic elements that, inherent to the communication itself, identify it or constitute relevant elements of its respective identifiability, and also the basic elements, as instruments of communication (in this sense, Opinion of the
PGR Advisory Council, n. conventional –
www.pgr.pt)
Therefore, and because obtaining the information and documentation referred to below, subject to confidentiality, is essential to complete the investigation carried out in the case, namely locating the minor or the
his corpse, I promote, in accordance with the provisions of paragraph a) 187°. 1 al. a), 269, n.? 1, al. c) of the CPP, the breach of secrecy in telecommunications and
Consequently, the request to the operators indicated below:
- the interception and recording of telephone communications to the suspect Robert Murat’s numbers, indicating the cell phone location and
trace back record, for a period of 15 (fifteen) days in relation to the targets:
