Monday, March 29, 2010

Psychic lawyers or how to piss off judges

On the Cipriano case, the Supreme Court of Justice [link to the Supreme court decision, process 330/04.2JAPTM-B.S1] of 17/12/2009 signed by the judges Souto Moura, Soares Ramos and Carmona da Mota dismissed the new appeal to revise the sentence of Leonor Cipriano presented by her lawyer, Marcos Aragão Correia. The lawyer presented as new evidence for the appeal a confession letter signed by João Cipriano where he allegedly stated that he had «attempted to sell» Joana Cipriano - a confession, as the lawyer bragged on the media, that was given because he 'bluffed' João Cipriano, telling him to «sign the confession adding that if he did not say the truth, an inmate from another prison that was going to be transferred to that establishment would murder him, simulate his suicide, on behalf of the people who wanted to buy Joana». João Cipriano ended up presenting a different version to the Sentence Execution Court, in Lisbon, he “denied to have written, signed and did not remember having dictated", to anyone, the contents of a statement that was presented as being authored by him but admitted to his sister lawyer visit.

Marcos Aragão Correia
stated that on his visit to João Cipriano on 18th May 2009, who is detained at the Carregueira prison, in Belas (Sintra) he saw [as a psychic] "lots of blood running down his face as if he was guilty of an heinous crime" - the same lawyer also said that he is not completely sure that Joana is dead because in another «vision» he saw her "walking accompanied by a couple". The lawyer also presented the 8 page declaration written by Leonor Cipriano on 15 January 2009 [translated here] which gave [another] different version of the events of that night, accusing her brother of murdering Joana, a declaration that at the same time admitted that Leonor was willing to «sell» her daughter Joana to an alleged foreign couple. The lawyer also presented witnesses statements made by elements of the Cipriano family, excerpts of the book written by criminologist Barra da Costa, a private letter and a PJ's old report to which the lawyer admitted receiving in an unclear manner. Marcos Aragão Correia additionally fundamented the appeal using a persistent attack on Gonçalo Amaral, the PJ coordinator of the Joana Case - in the appeal the lawyer stated that «We can not therefore be admired by the calamitous results of a criminal investigation handed to a dangerous and violent alcoholic, even more catastrophic when we are before serious crimes committed against children, to whom, only too late appeared the good sense of removing him from the investigations when the same alcoholic repeated the same gross mistakes without fundamentation and without any evidence against the mother of another missing child in the Algarve (Madeleine Beth McCann)» [in the process document 330/04.2JAPTM-B.S1 and from Marcos Aragão Correia own site.

The Public Ministry understood that the revision should be denied, adding that "Having seen the text of the appeal, there is a clear attempt to tarnish the image of the Judiciary Police, especially of one former element of that Police who was involved in the investigation of the case which led to the conviction" and "this animosity can not serve to justify the application for review of the decision
, much less affirmations like «Apparently, II [Gonçalo Amaral] took a course in criminal investigation in Guinea-Bissau or in an analogous country, or was driven by motives for us as yet unknown so that the truth was not to be discovered». The Public Ministry also added «But beyond this, and still under the same scope, the Public Ministry has to raise the question about the legitimacy of joining to the appeal a private letter, referred to as a letter sent by the wife of one PJ element to his hierarchy superior, as well as a service report from the PJ picket, documents that the distinguished lawyer stated to have reached his hands in an illicit manner, which nevertheless did not inhibit the the lawyer of joining them to the process."

On the confession forced by Marcos Aragão Correia «bluff» the Public Ministry stated: "And, in that which refers to the co-defendant CC [João Cipriano], it is understood that the activity of the distinguished lawyer goes beyond all legal and ethical rules to which he owes obedience" and "The description given by the distinguished lawyer himself of how he obtained the 'declaration' signed by the arguido [João Cipriano], who is represented by another lawyer, is almost frightening, and an absolutely forbidden method of obtaining evidence". Regarding the new declaration made by Leonor Cipriano the Public Ministry stated: "It is pathetic the justification that she gave - of only now revealing the facts for being afraid of being arrested for trying to sell her daughter" and "what follows here is a desperate attempt by the defendant/appellant to escape liability for the acts performed by her and for which she is serving a sentence". (...)

The Public Ministry then summarizes the grounds for denying the appeal: «Appeal for revision, which, from the above, should be denied by:

- Not being admissible, given the failure to report «new» facts, already known by the defendants at the time of conviction;

- Even admitting the possibility of the review with those facts, it is certain that the «declarations» appended to the process are not valid;

- Even accepting that validity, they do not contain credible evidence;

- And, even if they were understood as that they would not be enough to raise a sufficient doubt to review the final decision, since they are unaccompanied by other elements of evidence;»

The Supreme Court of Justice collective of judges gave a similar fundamentation for the denial of the appeal to revise Leonor Cipriano's sentence.

Complete article here:

49 comments:

viv said...

Hiya Claudia

and thanks for the blue highlights showing the shocking behaviour of Correia. It is also fundamental here in UK that one lawyer does not interfere with another lawyer's client.

It seems to me that this is fundamental to the case against Kate and Gerry McCann and I do believe in Justice.

I hope and I feel that at the end of the day, Goncalo will be shown to be the good man that he is and Correia will stand in the dock alongside others he has joined in a criminal conspiracy with to pervert the course of justice, in the Maddie case, including seeking to destroy a decent police officer just trying to do his job and that is where Correia belongs! But for now I am sure he is being closely watched, just as the McCanns and others are.

I think this case is now even more enormously complex due the sickening and continuing behaviour of Team McCann, but in the end, Portugal, Spain, UK and others will stand against them when this can all be put together which is a mighty task. People are getting picked off, Jiminez and Halligen are but two of them, many to follow.

Please pass my very best wishes to Goncalo. I know all he has ever wanted is for the truth to be told for little Maddie, and it will be!

Viv xx

Cláudia said...

Thanks, Viv.
I will.
xxxx

docmac said...

Ola, amiga, and hello Viv.

Boy, Claudia, are you unpopular with some former 3A mods :-)))
I thought blog wars and personal attacks were long gone, but I landed unwittingly on two blogs where you are really unpopular. And neither one is pink or purple. Oh boy, I am sure you must be devastated! lolol!!

Cláudia said...

Hi, amigo.
LOL
As you I'm sure you're aware, I know nothing about those nasty places (except the House of Filth) but I was informed that I was honoured there. I haven't checked but I have to confess that knowing it makes my life even brighter everyday. And after a day's work and the family commitments and concerns, it's like a bonus, let's call it. :-)
xxxx

Anonymous said...

Hi Claudia, Doc and Viv!

A very Happy Easter to all x

Claudia - you must be considered a threat! Surely can't be your intelligent, measured and spot-on posts of your thoughts, must be due to thuggery ;D

More crappy weather here and snow up t'north :( Really was hoping for a lovely sunny Easter but it seems it aint gonna happen.

Dylan xxx

Cláudia said...

Hi, Dylan.
Happy Easter to you too. :-)
Yep, that must be it! LOL
Here it seems Easter won't be neither warm not sunny either. It's a shame because I was thinking of inviting some family over but with bad weather it's not that funny. Maybe after Easter.
Hope you're well.
xxxx

docmac said...

Hi Dyl

Happy Easter to you and all bloggers too. Am away on school hols right now. Will mail and read blog on return. And try to get the hang of Facebook :-)

Cláudia said...

Hi, Doc.
Have a great time.
I'm on my holiday break too but I still have work to do. But work I can do at home. :-)
xxxx

viv said...

Hiya all

Dylan good to hear from you again, I was hoping to get Luke to do some heavy work in the garden for me for Easter but maybe he will say his mittens are not thick enough!

But have a great Easter all anyway not matter what the weather throws at us. No snow here, sun shining but warm, it ain't!

xx

Cláudia said...

Happy Easter to you and yours, Viv.
xxxx

nancy said...

Hi Claudia and everyone

Have a great Easter break and let's hope we all get some sunshine to cheer us all up!

Justice for Madeleine and all abused and neglected children.

Nancy xx

Cláudia said...

Thank you, Nancy.
To you too.
Amen to those words.
xxxx

Anonymous said...

Hi Claudia and all.

Happy Easter everyone. I love this time of the year chocolate, chocolate and more yummy chocolate!

BBFN

zodiaczephyr

Cláudia said...

Hi, Zodiac.
For me, chocolate is a pleasure all year round. It's just that now I have a good excuse! LOL
Have a great Easter! :-)
xxxx

mandarinn said...

Hi Claudia and all

A happy and sweet Easter to everyone.
Hope Spring visit us soon :)

Cláudia said...

Hi, Mandarinn.
Thank you.
A Happy Easter to you also.
Spring is just around the corner. :-)
xxxx

Joe said...

Hi Claudia,

Hope you had a good Easter. Its been all seasons here, torrential rain,near hurricane winds, sleet and beautiful spring sunshine at times.

How wonderful it is in a way that the McCanns have been quiet. It is probably because the Government may be about to change and they will blow with the winner. Too hard to call at the moment, maybe Lib Democrats will go into Government with Labour or Conservatives. The latter 2 both sleaze with a capital S. We have our own version here alas.

Cláudia said...

Hi, Joe.
Thanks. We didn't have good news about my uncle, so Easter wasn't as goo as it could have been, but thanks for asking. Hope yours was Happy.
Spring is finally here. I missed it!
As for the McCanns, I find it a blessing not seeing or hearing their voices. May it continue.
xxxx

Joe said...

Hi Claudia,
I am sorry to hear about your uncle. I hope that in the near future things will turn about and the news will be good. My regards and best wishes.

Cláudia said...

Thank you very much, Joe.
We can but hope.
xxxx

nancy said...

Hi Claudia and everyone -

Very quiet on the McCann front but I don't think they will be able to let the 3rd year anniversary of Maddie's 'disappearance' go by without a few ribbons and 'don't forget me' T shirts on display!

How fortunate that the General Election in the UK is going to take place on the 6th May, so the politicians will hog the limelight that week, instead of the celebrity duo! And Clarence will be tied up with all the attention seeking going on in all parties.

But I won't hold my breath - another 'sighting' perhaps!

Cláudia said...

Hi, Nancy.
I hadn't thought about that.
How hurtful and unhelpful of them to choose that date and overshadow the saintly duo. Oh well... :-)
Hope you're well.
xxxx

Anonymous said...

Hi all,

Hope you all had a very happy Easter and all of the chocolate you could possibly wish for :-)

Sorry to hear about your uncle, Claudia. Sending you a hug.

Nancy, maybe Gerry will run for PM?!!

Dylan xxx

Cláudia said...

Hi, Dylan.
Thank you very much.
It wasn't a very happy Easter here, but there was (and still is) lots of chocolate.
xxxx

nancy said...

Hi Claudia, sorry to hear your Easter wasn't as happy as you would have wished, but glad to hear you enjoyed some lovely chocolate.

According to the down market tabloid, Lies of the world, Jim Gamble is back on the scene doing his best to keep the McCanns from ever facing the consequences of their actions. He is supposed to be Britain's top protector of children and yet he goes out of his way to help two child neglectors whose fault it was their child disappeared from the face of the earth.

What a farce!! Well I suppose something had to come up now we are nearing the 3rd anniversary of poor Maddie's fate being decided!

JUSTICE FOR MADELEINE!

Cláudia said...

Hi, Nancy!
God help the children in the UK, then.
It will come to nothing. As usual. Smoke and mirrors.
Lies of the World! ROTFLMAO!
xxxx

Joe said...

Hi Claudia and Nancy,

Absolutely fantastic sunshine here at the minute and its set for the week, its almost like sunny Portugal.

A bit late now Gamble doing a clear up job as if nothing ever happened ie the disappearance and all the rest. A bit above his remit I would say. There is something not right about this guy IMO. He appears to be not applying the rules ie impartiality that would/should be applied to any other suspect(s) and it stands out. No real Police man would stick his neck out to unless its to promote an agenda or use his position to influence. The PJ got it right and the British police appear to have done everything to hinder the investigation and its going to take a lot more than the likes of Gamble to dismantle the facts.

Cláudia said...

Hi, Joe.
Great temperatures here (20ºC) right now but it seems the rain is coming back tomorrow. Oh well...
They can't do anything without Portuguese cooperation. If Portuguese authorities don't give them access to the unreleased files, they won't have them. Anyway, I would have to hear Mr Gamble himself talk about this. Not that I have much faith in him at all, but he is certainly aware of the protocol so he knows that some of the things published in that article can't be the way they were described...
xxxx

Joe said...

Claudia,

Indeed one would need to speak to or hear the horses mouth (in this case ass ) talk to see what he means. As it is the source is gutter press News of the World, not credible at any time.

I do hope that the PJ never hand over the remaining files as in the 3 years one can see what the game is in the UK via its Police, Politicians and media and non are Portugal friendly, and the aim would be to discredit and distort the facts. One thing is for sure if the PJ wanted files from the UK Police they would never be handed over. As an individual after 3 years I firmly believe that the UK authorities have no will ( maybe never had ) to solve the case and discover what happened to MM. The PJ should tell Gamble to get lost and go interview the Macs and take the 48 questions with him.

Cláudia said...

Hi, Joe.
I think that the fact that the PJ was never sent the tourists' photos, the medical records or the financial records in detail showed them what to expect...
xxxx

Anonymous said...

Hi Claudia and all,

Claudia sorry to read that the news re your uncle is not good.
xxx


Is Gamble contradicting Lee Rainbow the country’s most senior criminal profiler? Who wrote:

"In the summary of the 30-page report Mr Rainbow wrote: “The potential involvement of the family in the disappearance of Madeleine McCann cannot be discarded, and it can be considered that, when pondering the basis for research, this hypothesis deserves as much attention as the criminal with sexual motivations that has been previously prioritised."

http://joana-morais.blogspot.com/2010/02/mccann-twins-may-hold-clues-says.html

And also this:

'Criminal profiler Lee Rainbow recommended that police on the Algarve investigate the doctor and his wife Kate because of 'contradictions' in his statement.'
'The contradictions in Gerald McCann's statement might lead us to suspect a homicide. This is a lead that should be investigated.'
The lawyer added: 'Portuguese police had only considered the abduction theory. It was British police who said they must consider homicide as well.'
Mr Cabrita did not outline what ' contradictions' had been found in Mr McCann's statements and refused to give any further details after the Lisbon hearing.
Mr Rainbow, 37, leads a team of five criminal profilers at the NPIA, and specialises in sex crimes and murders.

http://www.dailymail.co.uk/news/article-1250084/How-letter-UK-police-turned-spotlight-Kate-Gerry-McCann.html#ixzz0kybpnbSY



Note that the article states that the National Policing Improvement Agency is a Home Office Agency!

'The Home Office agency, which describes itself as 'part of the police service'

Also Mr Gamble. What about the British sniffer dogs Eddie and Keela and their indications?

So is Gamble stating he knows more than the PJ, LP, Lee Rainbow and the British sniffer dogs? They were all wrong and his review is fact. Did/does Gamble have the withheld files? If not. Then how would he even be close to knowing anything? Are we the British public just expected to believe that Portugal (who retain primacy in the investigiation) will just allow McCann/Ceop/Johnson to take over their investigation?

BBFN

zodiaczephyr

Cláudia said...

Hi, Zodiac.
Thank you.
Excellent questions you ask. But I guess we won't have answers for them...
xxxx

nancy said...

Hello Claudia and all,

Hi Joe -

The Madeleine Foundation has a splendid explanatory article regarding Jim Gamble and the way the McCanns were shielded by what I would call the heavy mob right from the beginning in PdeLuz.

There is much more to this case than little Madeleine being supposedly abducted, believe you me!

Cláudia said...

Hi, Nancy.
This hasn't been about Madeleine for a very long time. In fact, it seems that even before she went 'missing' she wasn't that Important or she (and her brother and sister) wouldn't have been left home alone.
xxxx

ann mathuna said...
This comment has been removed by the author.
Joe said...

Hi Claudia and Nancy,

Nancy,

I would be interested in reading that information re Gamble. I do not have a web address alas. From what you indicate it is very worrying that such a concerted affair is being conducted under the noses of the authorities with their blessings? Someday it may all unravel but I will not hold my breath.

My apologies for getting the just now deleted (my) post wrong.

Cláudia said...

Hi, Joe.
Sorry, it took me a bit to Google it as I don't have the site bookmarked.

Here it is:
http://www.madeleinefoundation.org.uk/articles.htm

I haven't read it but judging by the title it seems it's the first article listed.
xxxx

Joe said...

Thank you Claudia for the link.

Most informative. I can see that from the beginning that the CEOP had decided the way the case was going. There appears to be massive agenda there and much role playing for whatever reasons.

Cláudia said...

Hi, Joe.
You're very welcome!
I haven't read it and I don't think I will but I have no doubts about the existence of agendas. Including of those who claim others have agendas.
xxx

docmac said...

Hi Claudia

I have been away, far from mobile reception, TV etc. Have not had the time to catch up on much at all. I must, however, say go, Benfica, go against Olhanense in the next fixture :-)

Cláudia said...

Hi, amigo! :-)
LOL Yes, go Benfica. We're almost there! :-)
Beijinhos!

docmac said...

I was just now looking for a hotel in Cornwall for a friend of mine. She has 2 small kids and wants a child-friendly sort of place. Blow me down if the very first offering I came upon - the Carbis Bay Hotel in St. Ives - has this juicy bit of information to entice the potential guest:

As a family run (!!!) hotel, the well-being of our little customers is well looked after and we are true to are family values. Therefore we provide a fun and healthy menu along with flexible eating times. Any additional favourites or dietary requirements can be catered for. As a guide, children's meals are normally served between 5 and 6pm by our friendly staff.

We can provide a babysitting service with prior notice. This enables mums and dads to relax and enjoy a romantic candlelit experience in our sumptuous dining area. Alternatively a listening only service is available through the hotel telephone system.

For the enjoyment of all our guests, children aged 7 and over may dine in the Sands Restaurant after 7pm.


Yikes! These people don't even bother with the window listening routine for very young kids. Makes the two neo-Catholics sound like saints, innit?

nancy said...

Hi Claudia,

How are things with you and your family? I hope you are well.

Things are very quiet on the McCann front at the moment, possibly because CM is tied up with the coming election. What a relief to have a breather from that quarter!

The weather is getting better here, nice and sunny, but still a bit of a chill wind, and how about that awful situation with the planes due to the volcano erupting on the glacier! I'm glad I'm not one of the stranded. It must be hell if you have children to worry about too and little money to spend.

Is there any news on Goncalo Amaral at the moment?


Nx

Cláudia said...

Hi, amigo!
The two neo-Catholics?
ROTFLMAO!
xxxx

Cláudia said...

Hi, Nancy.
I'm fine, thank you. A bit busy with work, but I'm ok. My uncle not so much, but the secret is living every day and enjoying it. Thank you for asking, Nancy.
This silence is a blessing. Let's all enjoy it and hope it lasts.
The temperatures here are already quite good. It's six o'clock and I currently have around 22ºC.
I'm glad I'm not stranded either. And with small children and little money, like you said, it must be a nightmare.
No news about GA. Except that he's very happy that Benfica is very close to being the winner of our League! :-)
xxxx

Anonymous said...

Hi Claudia and all,

Docmac,

"Alternatively a listening only service is available through the hotel telephone system."

OMG!

zodiaczephyr

Cláudia said...

Hi, Zodiac.
Maybe we could recommend it? ;-)
xxxx

nancy said...

Hi Claudia,

Can't type very well because I have a dislocated finger but will continue to read your blog and my other favorite places!

McCann time again I see, in spite of the coming elections!

Awful typing with two fingers!

Regards to all!


Nancy xx

Cláudia said...

Hi, Nancy!
Sorry about the dislocated finger. Hope you get well soon.
As for the McCann type, I have until now successfully avoided looking into theirs faces or hearing their voices which I consider a blessing. :-) May it keep that way!
xxxx