Frances Gibb, Legal Editor of The Times
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If the McCanns are put on trial over the death of their daughter Madeleine it could be at least two years before there is a verdict, a Portuguese litigator said.
Miguel Castro-Pereira said that every effort would be made to ensure that suspects’ rights were respected and all routes of appeal exhausted.
“The trial itself could take six or more months depending on the number of witnesses,” he said. “But from this moment, I think it could be at least two years before there is any kind of verdict.”
Mr Miguel Castro-Pereira, a partner with Abreu Advogados, a leading Portuguese firm in Lisbon, added: “The proceedings are quite formal can be quite lengthy, to ensure that defendants have all of their rights.
“That is the main concern, to avoid innocent people being accused and convicted.”
The lawyer said that as official suspects in the case, the couple now has a right to be informed of any charges brought against them and to remain silent under questioning.
The McCanns are required to inform the Portuguese police of where they intend to stay and to let them know if they move from there, he said.
Apparently the couple has notified police that any further legal papers should be served at the offices of their Portuguese attorney.
The police will now continue to build their case and further inquiries could take weeks if not months.
If one of the McCanns is charged, they are likely to be remanded on bail and could even remain in England if the Portuguese authorities are content that they will cooperate, attending when required and remain in contact.
If they do not cooperate, the Portuguese police could issue a warrant for their arrest and seek their extradition.
Under the fast-track European Arrest Warrant, the couple has to be returned to Portugal within 90 days - the average is 45 - if they are alleged to have committed one of 32 listed crimes, including murder and manslaughter.
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...the police, is one of the worst in Europe ...
I'm wondering which police is the best? Somobody can help me?
António, Porto,
I think the McCanns are innocent, I cannot accpet that they murdered thier "miracle" child and then calmly went out to dinner, even if it was some form of accident! i see no reason why the couple sould not have this coutrys full backing, we have seen cases like this before and i say innocent until proven otherwise.
Lauren Baker, Surrey, U.K.
Why don't the McCanns sell their £600,000 house and pay for their own legal fees etc. It is absolutely ridiculous celebrities coughing up money when no one can actually say at this stage that they are "100%" innocent.
All the "wealthy do gooders" are potentially throwing money at a couple who may have killed their own child.
Jane, middlesbrough, uk
The arrogance of those (mostly British) who incessantly attack the practices of the Portuguese police baffles me. What ever happened to the English policemen who mistakenly shot and killed the young Brazilian in the London underground two years ago?
Anna, Nicosia, Cyprus
I hope McCanns are not guilty, I hope that very much indeed...
I know that the portuguese police is doing their best and are setting up much more than they could cope with. They have been in contact with the brittish police and brittish laboratories that analyzed DNA. And both of them will lose the case, of course. Let them work and wait to the real evidences, not speculations.
McCanns began with wrong "marketing". And the help of image and media advisors is not the best image for two innocent parents.
Elisa C., Stockholm, Sweden
I think Mr.Stephen Jakobi, should not make comments of that type regarding the portuguese police. First its not true, I am portuguese and have lived in 5 different countires, including the UK for 5 years, and the stories I read in the papers regarding the police in Portugal are the same type of the UK..... and my experience with english hooligans, is NOT the same as with portuguese soccer supporters. But doesn't mean I go on and say all british are drunkers and aggressive; hence, accusing the portuguese police to be one the worst in Europe is not fair, responsible or actually true. And I am sure that PJ is doing all they can to solve this case.
Helena, Stavanger,
Arrest the Portugese Police who are handling the case; it is obvious to most that this poor family have been set up.
Regards
Angela O'Connell
Angela O'Connell, London , UK
As an American lawyer, I disagree with Ana, juries play THE central role in a criminal trial Although it is true that a judge can, in certain jurisdictions, set aside a verdict that is the rare exception to the rule. At the federal level, and indeed, generally, most judges are loathe to touch a jury's verdict, it is fairly sacrosanct.
JennyA, Baltimore, MD
A small village in Portugal is under scrutiny because of some british holiday -trouble makers. If you want to travel to these countries, make sure you take precautions like anywhere else. Any place outside your home is a possible danger. I hope british holiday makers will take this as a valuable lesson. It's not where you go, its how you behave where you go.
Torido, Lisbon, Portugal
All good enough reason never to go to Portugal.
Ian, Leicester, England
Francis Gibbs is incorrect when she writes:
"But Mr Castro-Pereira added that the jury did not have the central public role as in Britain or the United States and could be overuled by the judge if the judge felt that its verdict out of line with the law"
In the many US States the judge can alter or set the veredict asidet. Gibbs should know that. In the (in)famous case of British nanny Louise Woodward. The jury's verdict was murder in the second degree which was reduced to the conviction to involuntary manslaughter by Judge Hiler Zobel.
ana p. , philadelphia, usa