Processos Vol X Pages 2667 to 2668 – Documentation including extension of secrecy of justice rule and letters from journalist to the Attorney General

Letter to the Public Prosecutor, Portimao Public Ministry

Date 18th September 2007

In terms of the recent alteration to the Penal Process Code (29th August 2007), namely that referred to by article 86, numeral 1 – ‘the penal process is, under penalty of nullity, public, apart from the exceptions foreseen in the law’ and that, according to alinea b) of no. 6 of the same article, publicity about the case implies ‘the narration of processional acts or the reproduction of their terms by the press’, I, J*** P*** d+ C****** T***, carrier of ID card no. **** and of press card no. *** present my request to consult the process commonly known as the ‘Madeleine Case’.

I am a freelance journalist and in this capacity am collaborating with the British news channel ITN, the producer of information for ITV and Channel 4 in the UK and CNN and CBS in the US.

As stated in no. 1 of article 5, I understand that that the changes made to the Penal Process Code are immediately applicable, by which, except for exceptions foreseen in the law, the investigation process is now public. Also because the exceptions foreseen in no. 2 of the same article no.5 do not seem to me to be applicable in this case.

Given that the case was already the subject of judicial secrecy and taking into account the speculation that has marked this case, I request, as established in no. 13 of article 86, the following clarifications, which I understand would be necessary to re-establish the truth and not prejudice the investigation:

1. What incriminatory evidence exists at the moment that would indicate the involvement of Kate and Gerry McCann in the disappearance of their daughter Madeleine McCann?

2. According to the press, the Public Ministry and the Policia Judiciaria do not have sufficient elements of proof in order to enable them to formulate an accusation against the couple. Is that true?

3. If these elements of proof do not exist, is it normal for a suspicion to take so long to arrive at Justice?

4. The Policia Judiciaria has been the target of many criticisms, on the part of the British media. Are these criticisms justified?

5. How can it be possible, in the case that you co-manage, that so much information about the investigation has been printed in the Portuguese press, when the investigation is or was under judicial secrecy?

6. When will a decision be made about the formalisation of accusations against the McCann couple or the archiving of the case be made?

7. The direction of the investigation no longer considers the possibility of abduction? Have the authorities stopped looking for Madeleine, dead or alive?

8. Are there other lines of inquiry, apart from those that implicate the McCanns?

Given the unprecedented public interest in this case, in my understanding it is pertinent to make this request, especially as what I am proposing – and what the television channels propose – is a serious, objective and non-speculative work.

With compliments,

J*** P**** d* C****** T*****

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