David Brown of The Times in Praia da Luz
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Kate and Gerry McCann could face criminal charges for using a private security company to investigate the disappearance of their daughter, a senior Portuguese judge has said.
The couple have been secretly receiving advice for more than four months from Control Risks Group, which employs former members of the British intelligence services and special forces.
News of the investigators’ role has led to deep concern amongst the authorities in Portugal, where it is illegal for private detectives to become involved in criminal cases.
A source close to the McCann’s legal team has confirmed the involvement of Control Risks Group but insisted it is simply providing advice on the hunt for Madeleine rather than becoming actively involved in searches in Portugal.
He said: “You can assume that they are doing some things that the Portuguese police can’t do. Nothing illegal is being done in Portugal.”
Antonio Martins, president of the Association of Portuguese Judges, told the 24 Horas newspaper: “It is still up to the state to carry out criminal investigation. That kind of activity has no legal standing. Anything that results from private investigation has no substance.”
The judge said that Mr and Mrs McCann, both 39, from Rothley, Leicestershire, could be charged with “obstruction of justice” if prosecutors find evidence of a parallel investigation. The couple are already official suspects in the disappearance of their daughter from a holiday apartment in Praia da Luz 145 days ago.
A high-ranking officer in the Polícia Judiciária, which is investigating the disappearance of Madeleine shortly before her fourth birthday, said that the investigators could be arrested if they are found operating in Portugal. “If they come here they will be running a serious risk of being arrested,” he said.
Carlos Anjos, President of the Judicial Police Inspector's Union, accused to Mr and Mrs McCann of using “diversion tactics”. Mr McCann had previously said that they had decided not to use private detectives.
“This is just another McCann strategy who today say one thing and tomorrow something completely contrary,” said Mr Anjos “This can only be another diversion tactic from the McCanns.”
Meanwhile, the only other official suspect in the case yesterday denied a report that he was seen outside the Ocean Club resort on the night Mrs McCann claimed that Madeleine had been abducted from her bed.
Robert Murat, 33, has insisted he was at home with his mother at their villa 100 yards from the resort where Madeleine was staying. Mr Murat later worked as an official translator for the police investigating Madeleine’s disappearance.
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"they must abide by the laws of the country, who on earth do they think they are?"
They are the distraught parents of a missing 4 year old girl, that's who they are and placed in the same situation I would leave no stone unturned to find her, regardless of what laws were broken.
I don't say that lightly as I have just retired from the Police after 30 years service. However, getting Maddy back at the risk of upsetting a few members of the judiciary is a price I would willingly pay.
Andy Myers , Shrewsbury, UK
How does Portuguese jurisdiction prevent a British citizen finding their own child, by any means possible? Is it possible they could find their daughter and in doing so, be guilty of obstructing Portuguese justice? Is everyone barking mad?
David Masu, Zürich,
Sureley the more people trying to get to the bottom of Madeleine's dissapearance the better? What does it matter whether when she's found it is by Portuguese, English or American, so long as she is found - and let's hope, well!
You only have to look at the faces of Kate and Gerry to see what a strain they are under, not simply because they have not seen their daughter for 145 days, but the added pressure put on them by the Portuguese police and now the way they are trying to hinder the McCanns pursuing their own investigations. Portugal is obviously a very laid back place, ideal for a holiday, but under these circumstances they need to step up their act.
SANDY GREEN, PETERBOROUGH, UK
So , despite a Portuguese police investigation , the use of other police forces , interpol plus a so called "expert" private investigation company , after 4 months there is no trace of this little girl.
Makes you wonder doesn't it?
Rob Green, Braintree, England
Time to break all the rules and sue the Portuguese Police for incompetence, and all guilty newspapers for slander and aggravation. There is not one shred of evidence these people are involved in their child's disappearance. The Portuguese Police know they have failed and are trying to shift the heat. I like to think I'd have had the courage the McCanns have shown but I doubt I would have had the patience to sit down and keep my mouth shut. I hope this sends a message to anyone else in this position to by-pass the police and get your own private detective company if you have the money.
alice hudson, quimper, france
"Kate and Gerry McCann could face criminal charges for using a private security company to investigate the disappearance of their daughter, a senior Portuguese judge has said."
Some judge! Some justice system! The fact is, that in North America - and elsewhere - when a crime is not solved or the matter is left just sitting; parents, friends and\or relatives will often take it upon themselves to investigate and pursue the matter no matter where the leads may be. They may resort to hiring private investigators (a huge industry) to assist in the matter and at great expense I might add. Many times - due to a host of reasons far too numerous to mention -
it is this very prodding which provides the clues and stirs the local authorities into action.
As a foot note: Over here, hardly a day goes by that the police are not in the media seeking some tips or lead to solve crimes, missing persons, etc.
Leo, Langley, BC, Canada
Michaelson - you must be inside the investigation to state the things you are stating!!!!! Or maybe you are reading these things from newspapers and also translating what the Portuguese police is saying???? Or maybe you are getting this information live, straight from the officials while translating it without any cuts from media to sensationalize this story even more???!! Do you think the "plan" of the Australian police was to accuse the mother of killing baby Azaria?? I believe the police has some reasonable doubts (given some of the facts they obtained). It does not mean they are right, but doesn't mean they are wrong...they are leaving no stone unturned, even if they don't like the direction that is taking!!!!! They are working with what they have!!!!!!!! I just hope they find the little girl and other missing children!!
Sandra, Toronto, Canada
Control risks group? Are they the company that has been involved in matters a bit risky before\? Who paid for this as it would be very expensive? is this what we collected for?
Luigi Tennent, rome, italy
What of Dr Russell O'Brien, why did he change his story to the PJ? At first saying that he did not enter the apartment when checking on the children and the change to that he had entered but he just listened. He was reportedly too the last to check on them.
Donna, Wellington, NZ
Although this is not an issue to joke on, a little bit of humor can sometimes be quite helpful. Here in Brazil our Irish jokes (no offence, I have some Irish blood myself!) are the Portuguese jokes. After reading this article, I just canât help picturing Inspector Clusseau (we would have to change his name, probably to Inspector Oliveira) conducting this investigation!!!
As this is not a funny issue, I would just like to ask Inspector Oliveira to please not forget the main point, which is to go on looking for Maddie.
I should translate this last part as; the possibility exists, that the Portuguese officer screening the British media may not be an English speaker!
âSr. Inspector Oliveira, por favor não esqueça de seguir procurando a Maddieâ
A separate note for Mr. Davedude (first post): Being a parent myself, I can assure you that I would go to any extent to find my child, even if this implies breaking the law.
Good luck Kate and Gerry.
Harry, Paraty, Brazil
Why in Morocco, all these sightings of the missing girl? Does that woman in the picture look like she can pay for this kind of operation, I mean the abduction, crossing the borders etc.? As much as we would all like the girl to be Madeleine, but are there no blonde children in that country?
Roza, Stevenage,
The Portuguese police don't have the resources to mount a widescale international operation, and providing the McCann's advisors pass thier finding to the police there shouldn't be any problem.
I'm sure we all have our theories, and even those who think the McCanns are implicated will be releived when and if they are proved innocent.
Now for some prophecy & cynicism: I see chat shows, a book and a film when this is all over, whichever way it is resolved.
Ron, Milton Keynes,
Here's something for everyone to chew on, especially those who assume the McCann's innocence without any real proof either way: a parent is found to be responsible in 80 percent of all child murders in the UK. In Canada in 2003 (as an example), the police resolved 27 child murder cases. A parent was found responsible in 23 of those cases. A stranger responsible for just 2 cases. In the US, parents are found to responsible in over 60% child murder cases, with another family member, friend or acquaintance being the next highest categories. Less than 13% of child murders in the US are traced back to a complete stranger. That means 87% of child murders in the US can be tied back to someone close to the child. If you were the police investigating a child abduction and possible murder, you would be incompetent if you didn't consider the parents, friends, and other family members as prime suspect
Don, Seattle,
I think the world should unite and support the Mccann's on this one. Would you not do the same thing if your child's life were on the line?! If you can't understand this then you must not have children. Also, if you were the guilty one would you hire one of the best private investigator agencies?
Grace, Tivat, Montenegro
To Oliver Chettle, Bedford,
Please don't come now to Spain. We don't want this kind of people in our country.
Yolanda, Madrid, Spain
I doubt a crack investigation agency will have any problem with any force of law, let alone the Portuguese ! Arrested - I don't think so! They are used to working in difficult and delicate environments - that's what makes them good.
No matter who is guilty or innocent here, I see that the Portuguese authorities are getting a dose of their own medicine - i.e. adverse publicity. Good. Sauce for the goose, as we say!
Sophie Armitage, Luxembourg, Luxembourg
Im behind PJ 100%
alan brown, Bath, uk
It is no surprise if the Portuguese police react this way.
When professionals are on the job ,at best they won't find anything;at worst they will show the shortcomings of the Portuguese police to the rest of the world.
A Walton, Leicester, England
Could these people just let the police do their job? They may be acting on evidence showing that Madeleine cannot possibly be alive anymore, this would explain their behaviour somehow
William, Utrecht, Netherlands
It's time to start a boycott of the Portuguese tourist industry. The Portuguese need to be shown that their bad attitude has been noted and has consequences.
Oliver Chettle, Bedford,
The McCanns have absolutely every right to have as much help as required to find their little girl. You find me one person on the planet who wouldn't do the same and they're a liar.
Mrs. Hart, Norfolk, UK
So Antonio Martins, president of the Association of Portuguese Judges, told the 24 Horas newspaper: âIt is still up to the state to carry out criminal investigation. That kind of activity has no legal standing. Anything that results from private investigation has no substance."
I wonder whether it has occurred to him that the McCann's priority may be to find their daughter rather than to conduct a criminal investigation that will stand up in court?
Tom Wilde, London, UK
The Portuguese authorities come out of this in a very poor light. The policing appears amateurish and, when criticised, seem to resort to secret briefing of the Portuguese press in a manner that wrongly implicates the McCanns. What a fiasco. It seems this country still shows signs of not quite having attained first world status.
John, London, UK
I wonder what is the Portuguese for 'Inspector Clouseau"?
John, London, England
Ivor, said: "They need to take a lie detector test administered by a qualified US FBI chap."
What makes an US FBI chap better than any other lie detector qualified chap?"
Nick Nolte, Bristol, UK
So the Portugese police say that the McCanns can't use professional assistance to look for their daughter nor can they attempt to find her in this manner and thus prove their innocence.
Utterly laughable if the situation wasn't so serious.
K. Urban, London , UK
If the McCanns are innocent, which I believe them to be they are entitled to employ a private investigator whether it is against the law or not. The Police have failed to come up with answer to Madelines diappearance so they have to do everything they can and if that includes breaking the law so be it.
Steven Katirai, Ncl,
'Diversion tactics' appear to have been used by the McCanns right from the beginning. What are they trying to hide?
Cook, Southeast, England
The Portuguese police have proved themselves to incompetent fools. The number of mistakes or omissions they have made is unbelievable. The McCanns had no choice but to hire there own people.
Robert, London, Uk
Well, if they're no longer in Portugal why do they have to abide by it's laws? And by the sounds of things the portugese police arent doing an amazingly outstanding job, they should be gratefull for a little support; not waste time condemning the McCanns attempt to reunite themselves with their little girl.
Joshua, Scarborough,
Why hasn't action been taken to deal with the constant leaks by the PJ? Judicial scecrecy seemingly meant nothing, but the McCanns allegedly using private investigators and the judiciary suddenly wake up and take notice!
luke neave, london,
they must abide by the laws of the country, who on earth do they think they are?
davedude, alicante, spain
I say that gerry and kate had every rite to involve the CRG all they want to do is find their daughter and I say the more people they have on the case the better its already been too long!!!
And portugal police should just leave Gerry and Kate alone, give them a break and let them focus on their daughter, instead of accusing them and trying to get thm donw now over the stupidist things!! They just want to close this case down as soon as possible. Well no matter what outcome they have a little girl is still missing and until a body is found, preferably alive and well, the world should still be out there looking for her.
Caroline, Northern Ireland,
Media should stay away from Madeleine story now. We had more tha enough of this . Media should stop playing for the PR Firms and start concentrating on important social issues like gun crime ,gang culture etc
Anup, London, United Kingdom
I think it is fair enough for them to look for their daughter.
They need to take a lie detector test administered by a qualified US FBI chap. It needs to be carried out in circumstances that make any possibility of a false positive result non-existent. They would need to agree to blood tests for beta blockers etc. There would need to be independent observers, it should be recorded and the videos put on Youtube.
If they do that and pass it everyone can focus on their daughter. It might not be admissible in judicial proceedings but it will be determinative evidence in the Court of Public Opinion which is where they are at now. These tests are 98% accurate. More than any Criminal Court ever has been.
It is the only way to silence the vast numbers of people who are justifiably (up to a point) suspicious.
Ivor Griffiths, Lancaster, UK
In other words, the Portuguese police are saying, No, we are not going to look for Madeline, and we are not going to let you look for her either. What insanity.
Mary, Oklahoma, USA
Can anyone enlighten me about the style of reporting in the McCann case? Previously the McCann's have been critical of Police leaks where "sources close to the investigation team" have been quoted.
But now we are getting quotes from "sources close to the McCann's legal team" and "sources close to the family".
Why don't these people come out into the open?
Otherwise for readers like myself this continues to be extremely irritating.
Neil Fenwick, Bingley, West Yorkshire
I dnt find it right to charge them on this as they only want to find there daughter. There is no harm in this. And the case of them being charged for there daughters dissapearence why would they hire some one to investigate.... because they dont no anything about her daughters dissapearance. People are assuming its those because they cant get any body else to blame it on. It shows they love there daughter because there fighting... Just to find there daughter!!
Christine, Nottingham, England
The Portuguese police have conducted an investigation that has been riddled by incompetence (at best) and now they are threatening to charge the McCanns for seeking the assistance of competent investigators to find their daughter? The Portuguese authorities seem to want to damn Kate and Gerry McCann at any cost - damned if they do, damned if they don't.
(Dr) Reina Michaelson, Darwin, Australia