74 Comments

Clarence Mitchell denies giving OK to print diaries

There is much speculation and rumour on twitter that Clarence Mitchell gave the NOTW permission to print Kate McCann’s diaries. This all stems from the testimony given today at the Leveson Inquiry.

During the Leveson Inquiry hearing, with regards to the transcript of what was said between Edmondson and Clarence Mitchell, Lord Leveson stated the following (Transcript of Afternoon Hearing 14 December 2011)

LORD JUSTICE LEVESON: Well, you’ve read this transcript, I’m sure. It’s clearly not a document that spells it out in words of one syllable, is it?

COLIN MYLER: You know, Mr Edmondson, given the number of times I asked him for the assurance to make sure that there was absolute clarity and understanding, had no view that there was anything ambiguous in what we were going to do.

LORD JUSTICE LEVESON: It may be, Mr Myler, that it’s unfair to ask you much more about this, but would you agree with this: this document is most clearly ambiguous?

COLIN MYLER:This —

LORD JUSTICE LEVESON: This is the transcript that you were sent by Mr Edmondson as establishing, presumably, the consent about which you were then concerned. And it’s not terribly clear. Would you agree with that?

Well you only have to read that to understand what Lord Leveson was getting at.  He was saying in no uncertain terms that the transcript of the alleged conversation between Clarence Mitchell and Edmondson was not clear and therefore nobody could categorically state that Clarence Mitchell gave explicit permission for Kate McCann’s diary to be printed.

Several tweets have emerged from Andy Davies from Channel 4 News:

And the Telegraph reported at 5.3opm tonight the following with regards to what Andy Davies reported:

17.30 Clarence Mitchell has responded to the claim he approved the publiciation of the Kate McCann diary. He is very angry: he claims his contact with Edmondson was limited to one phone call and one text on the Friday and Saturday of publication. The text was “along the lines” of News of the World wanting to expose the lies of the Portuguese police (according to Channel 4’s Andy Davies). Mitchell claims at no point did Edmondson spell out that the News of the World had Kate McCann’s diary.

Well I know who I am going to believe, and it is definitely not Colin Myler and the NOTW team, or sure.

I am sure with phone records and electronic Mail, Leveson can and will get to the truth behind the News of the World printing Kate McCann’s diaries without her permission.  And I do wonder if Clarence Mitchell will now be asked to attend the Leveson Inquiry.

Mind you it still does not get away from the fact that the Diaries that appeared in the News of the World and the Portuguese press should have been destroyed as per judge’s orders and no-way should they have found themselves in the hands of a Portuguese female journalist.

Let’s hope Portugal now takes a lead in this and investigates who gave those diaries to the female journalist and if they came from a Police Officer, which officer and why was the Judges Orders disobeyed? And above all what action is going to be taken over this incident?

UPDATE – FURTHER READING

Witness Statement of Daniel Sanderson

Transcript of Afternoon Hearing 14 December 2011 (mentions of Kate McCann’s Diary by Colin Myler)

Transcript of Morning Hearing 15th December 2011 (includes Daniel Sanderson’s testimony)

Advertisements

74 comments on “Clarence Mitchell denies giving OK to print diaries

  1. Why was it the wrong decision to publish? Because they didn’t have
    permission to, they didn’t have Mrs McCann’s permission to publish the
    story.nough said

    • Oh that won’t stop them accusing Samantha.  All it will do is add a few more names in to the “in on it” list.

      They can’t handle nor can they deal with the truth.  Unfortunately their sheer hatred and the blindness it brings, stops them seeing things for what they are.  It is a case now of them not being able to open their minds to the fact that they may have just got it wrong for all these years.

  2. A lie about the
    seizure of the Diary?

    From Tania Laranjo (special envoy to England) in Correio da Manha on 10 April
    2008

    “A apreensão do documento estava requerida desde Setembro do ano passado,
    dias depois de Kate e Gerry terem sido constituídos arguidos. A PJ verificou a
    sua existência em Agosto, aquando das buscas à casa onde o casal morava, na
    Praia da Luz, na mesma altura em que foram detectados odores de cadáver nas
    roupas de Kate e no peluche de Maddie.

    Naquele documento, escrito pela mãe de Madeleine a conselho do psiquiatra que a
    acompanhava devido ao estado depressivo, Kate descrevia a filha como histérica
    e bastante irrequieta. A mãe de Maddie queixava-se também da sobrecarga
    decorrente de educar três crianças menores e lamentava-se da pouca atenção dada
    por Gerry.

    Por se tratar de um diário, cujas regras de protecção são muito mais apertadas,
    a PJ não o apreendeu durante a busca. Fez um pedido ao juiz de instrução
    criminal de Portimão, já depois de os constituir arguidos, para que o mesmo
    fosse apreendido e pudesse ser cuidadosamente verificado. O objectivo era
    perceber se continha elementos que permitissem explicar o desaparecimento da
    menina e também conhecer mais de perto a relação de Kate com os filhos.”

    GOOGLE TRANSLATION

    “The seizure of the document was required since September last year, days
    after Kate and Gerry were made arguidos. The PJ found its existence in August,
    during the search of the house where the couple lived in Praia da Luz, at the
    same time that body odors were detected on the clothes of Kate and Maddie in
    Teddy.

     

    That document, written by the mother of Madeleine on the
    advice of the psychiatrist who accompanied her because of the depressed state,
    Kate’s daughter described as hysterical and very restless. Maddie’s mother also
    complained of the burden resulting from raising three young children and
    lamented the lack of attention by Gerry.

     

    Because it is a journal whose protection rules are much
    tighter, the PJ not seized during the search. He made a request to the examining
    magistrate criminal Portimão, since after the defendants set up so that it
    could be seized and could be carefully checked. The aim was to see whether it
    contained anything that could explain the disappearance of the girl and also to
    know more closely the relationship with their children Kate.”

     

    Is this a deliberate attempt to make the PJ look better?

    http://www.cmjornal.xl.pt/noticia.aspx?channelid=00000009-0000-0000-0000-000000000009&contentid=99279189-D33E-4807-80E5-4BB5A89F7E1A

  3. My god that is a blatant attempt to distort the truth, the PJ did the search and they confiscated Kate McCann’s diary along with the bible and other things. No matter how much the Portuguese media try now or in the past to alter the course of events, they will fail.

    It is clear the course of events of that diary are from Kate’s possession it was confiscated by the PJ, it got translated into Portuguese for the PJ, and then it went from the PJ to a Journalist and then onto the NOTW.

    There is no getting away from the fact that the copies made from her diary were NOT destroyed and a Judge’s order was clearly breached and the responsibility lies within the PJ and it should be now down to the PJ to find how that diary ended up in that female journalists hands.

  4. hmm one of the  journos responsible  for writing the diary extracts.

  5. Processos Vol XPages 2624 – 2625 Conclusion 11 – 09 – 2007In compliance with the search
    warrants determined in folios 2082/2083, two diaries and a note book were
    apprehended from the McCann family residence, which were in the couple’s bedroom
    wardrobe, in accordance with search warrant folio 2097, which were photocopied
    and the original handed back according to delivery note 2125.The photocopies may contain
    important elements for discovering the truth.Therefore they are admitted to the process.1. I suggest the apprehension is validated and that the
    translation of the photocopies is carried out as well as the eventual collection
    of elements to bring to the process if they are necessary to the
    investigation.2. As a result of the terms of folios 2553 and 2565,
    those making the request on folio 2510, Gerald Patrick McCann and Kate Marie
    Healy were in the meantime constituted as arguidos because there was an
    alteration in their position in the process, incompatible with their quality of
    assistentes, due to which we now oppose their intervention as such, which we now
    make clear.SignedPublic ProsecutorDr José Magalhaes e Menezes

     

     
    Processos Vol XPages 2627 – 2628Portimao
    Family CourtCase 201/07.GALGSConclusion:
    13-09-2007Page 2624 seen.1. As concerns the request
    to intervene as “assistente” seen on page 2510 and considering the passage of
    time and the vicissitudes that occurred with regard to the processal status of
    the requesting parties, notify them that in the period of ten days, they should
    clarify whether they are still interested in being given “assistente”
    status.Notify.2. Authorise the Public Ministry to validate the
    apprehension of the “two diaries” and a block note obtained during the search
    authorised by the dispatch contained in pages 2082 and 2083.Therefore a
    sealed envelope is presented which I proceed to open now.Inside the
    envelope is another sealed envelope containing 188 photocopies, 187 are
    handwritten and one typed.My examination of these photocopies indicates
    that this is a “diary” as most of the texts
    begin with “Fri 4th May”, “Day 30”, etc.3. Decision.a) Validate
    the collection of the photocopies as being legally obtained.b) For the
    moment I relegate the decision about maintaining the
    document in the case files until its respective contents are known
    because it could be the narration or experiences directly intruding upon the
    intimate, personal and inviolable sphere of any person, in other words, the
    experiences of a minimal nucleus which nobody may penetrate and upon which no
    judgement of interests may be made.c) Therefore, it is important to
    proceed to translate the photocopies and this task should be carried out by the
    translator who has already intervened in these files and who should be contacted
    to pick up the photocopies and make her sworn declaration if she has not already
    done so.The respective translation, will be presented to me, as well as
    the photocopies, in a sealed envelope, which the translator will deliver in
    these offices.Duration: 15 days.d) Finally I state that I will
    number, page by page, each of the photocopies contained in the envelope referred
    to in point 2, from 1 to 188.Portimao,
    2007-09-13Signed.(Doc linked in TOC)

  6. Processo Vol XVII Page 4489Portimao
    Criminal Instruction CourtOn
    4th October 2007, at about 10.50 I received from the interpreter Armanda
    Russell, named in the 201/07.OGALGS case files, the following two requirements,
    the original document which was the object of the translation and the translated document produced
    according to the price that was agreed by the Court, I personally having
    delivered these documents to the Instruction Judge in the presence of the interpreter.This
    is the manner in which the interpreter delivered them, signedThe
    Court Official(Doc
    linked in TOC)

     

     

     
    Processos
    Vol XVII Page 4491Amanda
    Duarte Salbany RussellRotunda
    Park Lt 4 – 4ªB8500-309
    PortimaoTel:Email:Portimao
    Judicial Court1
    Criminal JudgeAv.
    Miguel Bombarda8501-960
    Portimao4th
    October 2007NUIPC
    207/07.OGALGSDear
    Sirs,I
    present my invoice:- Translation from English into Portuguese of the
    documents with page numbers 01 to 188 (for a total of 192 working hours and
    final text containing 38.381 words).Brute
    value…………2.970.00 EurosThis
    value is subject to a deduction of 20% (594,00 Euros) corresponding to IRS and I
    inform you that this is contained in the VAT regime according to article 53 of
    the CIRS.After
    payment I will issue the receipt (IRS Model nº 6).Yours
    sincerely,Amanda
    RussellThe
    receipt is in here dated 30-6-2008http://www.mccannpjfiles.co.uk/P17/17_V … e_4493.jpg

  7. 13/09/2007 – 11h50Mãe de Madeleine chama filhos de “histéricos” em diário, diz jornalPUBLICIDADE
    da Folha OnlineKate McCann, mãe de Madeleine McCann, 4, menina britânica desaparecida em 3 de maio na praia da Luz, em Portugal, chama os filhos de “histéricos” e diz que Maddie é uma criança “cujo excesso de energia consome suas forças” em um diário pessoal que a Polícia Judiciária pretende apreender, diz a edição desta quinta-feira do jornal português “Correio da Manhã”.No diário, Kate ainda se queixa do marido, Gerry, dizendo que ele não a ajudaria em tarefas domésticas, e que caberiam apenas a ela os cuidados com os filhos mais novos, os gêmeos Sean e Amelie, de 2 anos. Ainda segundo o jornal português, Kate não confessa nenhum crime, mas dá detalhes sobre as horas anteriores ao desaparecimento de Maddie.Andrew Stenning/ReutersMãe de Madeleine ao lado dos gêmeos; em diário, ela chama filhos de “histéricos”A polícia planeja confiscar o diário de Kate, além de um laptop da família como parte das investigações. De acordo com o “Correio da Manhã”, o diário não foi apreendido por se tratar de “correspondência privada” mas foi analisado por investigadores policiais.Por não ser considerado prova, investigadores pediram ao Ministério Público sua apreensão formal. A idéia do diário teria surgido da irmã de Kate, Philomena McCann, que disse que esta seria uma forma de mostrar a Madeleine “o quanto seus pais a queriam, e o esforço que fizeram para achá-la”.”Pedi a Kate que escrevesse um diário pois, a princípio, a polícia portuguesa estava fazendo muito pouco”, declarou Philomena ao jornal inglês “The Sun”.A irmã de Kate criticou a polícia portuguesa por confiscar agora o diário e o laptop da família.”‘É algo muito dolorido para eles. “É uma forma de meter um punhal onde mais dói”, disse ela.Os detetives também podem confiscar papéis dos McCann, que podem servir nas investigações.Nesta quarta-feira, o jornal português “Diário de Notícias” informou que o Ministério Público português também irá confiscar vários brinquedos de Madeleine.DNAO geneticista britânico, Alec Jeffreys, criador do sistema de impressões digitais de DNA, ofereceu ajuda a Kate e Gerry McCann, e disse que aceitaria servir como testemunha no caso. O especialista disse que a coincidência de amostras de DNA, por si só, não podem estabelecer a culpabilidade dos McCann, e esclareceu que as características genéticas de Madeleine estariam em ao menos um membro da família.APFoto da garota inglesa Madeleine McCann, desaparecida desde maioA imprensa portuguesa e inglesa indicou que os detetives do caso acharam evidências de DNA que correspondiam em 100% com as de Madeleine em um veículo que os pais da garota haviam alugado. No entanto, essa versão foi posteriormente desmentida pela polícia.Gerry e Kate, que são médicos, foram declarados suspeitos pelo desaparecimento de sua filha, e consideram a possibilidade de realizar exames de DNA independentes no veículo que alugaram em praia da Luz.Eles negam categoricamente qualquer participação no desaparecimento de sua filha, que tinha três anos quando foi vista pela última vez. Os McCann estavam passando férias em Praia da Luz, na região do Algarve, quando Madeleine desapareceu do quarto de hotel em que dormia, no complexo turístico Ocean Club.No momento do desaparecimento, os pais jantavam com um grupo de amigos em um restaurante localizado a cerca de 50 metros do apartamento em que estava a garota.Neste final de semana, os McCann voltaram para sua casa na cidade de Rothley, região central da Inglaterra, e esperam agora a decisão do juiz de instrução criminal encarregado do caso, que poderá apresentar uma acusação formal.O casal contratou advogados no Reino Unido e em Portugal logo após terem sido declarados suspeitos formais do caso, na semana passada.
    http://www1.folha.uol.com.br/folha/mundo/ult94u328115.shtml

  8. Sorry for the formatting. Looked fine when I hit send.

    More importantly look at the date. I posted this before and cross-checked it with David Rose’s Lies article. I believe DN published on the 12th Sept ***2007*** (but haven’t double-checked that again, it’s whatever date “Thursday” was in DR’s article. I had already checked back in an earlier post to post the date – either the 12th or 13th).

    DR’s article was published on 16 Sept. 2007
    http://www.dailymail.co.uk/news/article-482007/Lies-beatings-secret-trials-dark-police-handling-Madeleine-case.html

  9. CORRECTION – the Brazilian article refers to CdaM’s articles, not DN. I posted the wrong article – but obviously CdaM also leaked the story at that time. 

    There are loads of them…

  10. Yes and this diary was obtained on Amarals watch.  And by the sounds of it there was copies floating around Portimao like no man’s business.

  11. PJ traça perfil de Kate com o diário
    por José Manuel Oliveira13 Setembro 2007A possibilidade de buscas nas imediações da
    igreja da Praia da Luz em valas de anteriores obras centram a atenção da PJ. Em
    Inglaterra, a família admite criar novo fundo e lança desafios à justiça
    portuguesa. O diário de Kate já foi lido pela polícia.
    O diário de Kate McCann apreendido, no início de Agosto, pela Polícia
    Judiciária na vivenda Vista Mar na Praia da Luz, perto de Lagos, e alugada pelos
    pais de Madeleine , já não será de grande utilidade para a investigação neste
    momento. Terá sido uma das pistas usadas pela polícia para ajudar os
    investigadores a traçar o “perfil psicológico” da mãe da criança inglesa,
    nomeadamente ao nível da sua relação com os filhos, marido e outros familiares,
    além de amigos. E o seu grau de perturbação com o desaparecimento da filha.
    Segundo apurou o DN, a PJ fotocopiou várias páginas desse diário quando o
    apreendeu, na altura dos depoimentos de Kate. Essas fotocópias estão em poder do
    juiz de instrução criminal do Tribunal Judicial de Portimão, a fim de poder ser
    validada a apreensão. É que o diário em causa é, tal como a correspondência
    particular, considerado um documento inserido no âmbito da “intimidade e
    privacidade” de uma pessoa.
    Ao que o DN apurou, a investigação irá incidir ainda no carro dos McCann :
    vão ser efectuadas perícias ainda mais detalhadas dos que as que foram feitas e,
    provavelmente, o seu interior será desmantelado. Mas estas perícias poderão só
    ser realizadas depois da chegada da totalidade das análises, que, garantem
    fontes ligadas ao processo, ainda não chegaram.
    A Polícia Judiciária (PJ) aguarda pela emissão de mandados judiciais para
    realizar novas diligências com vista à descoberta do cadáver. A área junto à
    Igreja de Nossa Senhora da Luz é um dos alvos já sinalizado pelos
    investigadores.
    O DN sabe que a PJ questionou trabalhadores da empresa responsável na Praia
    da Luz, no sentido de apurar “que valas estavam abertas em ruas junto à Igreja
    na altura do desaparecimento” da criança. Ao que foi possível apurar, as valas
    tinham “40 centímetros de profundidade e o terreno em baixo é rochoso”. A zona
    foi coberta por cimento, calcetada e passada por um cilindro após a conclusão de
    trabalhos de renovação do sistema de colectores de esgotos, redes de água,
    electricidade e telefones. “Não vimos nada de anormal quando tapámos as valas”,
    garantiram, na altura, à PJ os trabalhadores das obras. Existiam, no entanto,
    valas mais profundas na zona circundante à igreja.
     
    http://www.dn.pt/especiais/interior.aspx?content_id=978382&especial=Caso%20Maddie&seccao=SOCIEDADE
     

    • Thanks Samantha, I was having trouble finding it. 

      The DN article is more moderate in approach, IMO. At least compared to CdaM.

      I’m actually still not clear whether DN actually had a copy (and chose to treat the contents more delicately than CdaM) or had just been informed that it had been seized for profiling purposes. 

      A few questions remain: 

      – how did this information get out in the first place?
      – did CdaM have a copy or did they just get fed certain sentences?

      The fact that the leaks were published around 12-13 Sept ***2007*** seems clear. 

  12. A lot of PT papers are reporting the diary contents, yes the NOTW obtained copies, but the most important part is really WHO passed copies of this Diary onto a Portuguese Journalist.

    I know the NOTW should never have printed the extracts but there has been a clear breach of judicial secrecy for these diaries to even get in the hands of the PT Press.

  13. Is this the journo that picked up the diaries.????….perhaps someone could twitter him

    http://twitter.com/gerardinus

    Gerard couzens ???????

    Gerard Couzens has 18 followers
    Here’s more about them.

    People

    Sarah Titterton
    Follow
    SarahTitterton Sarah Titterton
    Journalist
    Tom Worden
    Follow
    tom_worden Tom Worden
    Barcelona-based journalist
    Mark Collier
    Follow
    MarkCollier1 Mark Collier
    Good egg three steps behind ~ fighting against old age!
    Project Omega
    Follow
    ProjectOmega2 Project Omega
    Carl Fellstrom
    Follow
    carlosthehack Carl Fellstrom
    Journalist on all things crime and grime and author of Hoods
    randomirishphotos
    Follow
    randomirishphot randomirishphotos
    Irish Daily Mail reporter, amateur photographer/kayaker. Fan of the Bodhrán and kitesurfing.
    fleetstreetfox
    Follow
    fleetstreetfox fleetstreetfox
    Anonymous
    Fleet Street reporter. Often sarcastic, occasionally right. Fox (n)
    carnivore of genus vulpes; crafty person; scavenger; (vb) to confuse; to
    be drunk.
    Martin Fricker
    Follow
    martinfricker Martin Fricker
    Daily Mirror news journo, Everton fan, Brockley resident
    Alex West
    Follow
    AlexWesty Alex West
    News Reporter on @thesunnewspaper. Motorcross rider and cricket fan
    James Saville
    Follow
    jasav James Saville
    News
    Ed, Sunday Mirror. Corrects people’s spelling. Occasionally answers
    phone. Rarely passes on messages. Dad of UK’s two best robotics dancers
    (Under-6)
    stuart jeffery
    Follow
    stuartkjeffery stuart jeffery
    Maria
    Follow
    M1ssyM Maria
    Random rants
    subterra
    Follow
    funeralsubterra subterra
    مبدع حقبة جديدة هدم المباني. من ازدهار الموسيقى الجيدة.
    emma pryer
    Follow
    emmapryer emma pryer
    Rubén Noé
    Follow
    Ruben_Noe Rubén Noé
    Habacuc
    Follow
    artehabacuc Habacuc
    GROSSI
    Follow
    EDUARDO_GROSSI GROSSI
    Garrett Brennan
    Follow
    garrettbrennan Garrett Brennan
    Wizened pollyannaic cynic.

  14. What I haven’t yet ascertained is whether DN actually had a copy of the diary or were simply reporting that it had been seized, photocopied and alluded to the fact that was being treated as important for the investigation. I.e., I haven’t yet found a DN article with actual leaks of the contents. 

    One paper that is clearly referred to as having leaked the actual contents was CdaM, as per this Brazilian article alluding to it (and there are loads of similar articles reporting on the contents).  

    I’m just putting the link as the formatting will go haywire.

    My main point is that they date back to 12-13 September
    ***2007***

    http://www1.folha.uol.com.br/folha/mundo/ult94u328115.shtml

  15. Someone with sense on Haverns

      Xavier Today at 5:09 pm
    No
    I don’t. If you are asking who do I believe is lying about this, then a
    combination of Mylers and Sandersons submissions do rather suggest that
    Edmonson was winging it. I was going to continue but have just
    seen your post Candyfloss, and that is similar to the point I was going
    to make but you put it much better. It would have been cheaper and
    easier than the route NOTW used.

  16. Disqus is acting up – to add to the post about DN, I would add that David Rose’s article certainly gives me the impression that the DN scoop alluded to the contents. 

  17. Just thinking out loud here, now that we have the Leveson Inquiry and testimony given under oath re this diary and how and who the News of the World obtained it from, I wonder if Isabel Duarte could put in an official complaint about the copies not being destroyed and finding their way to a PT journalist.

  18. Responding to the diary claims, Mitchell said: “At no point in the one
    brief call that I received from Ian Edmondson on the Friday evening
    before publication did he spell out categorically that they had
    purchased a version of Kate’s diary that had been leaked by the
    Portuguese police and that they were planning to publish it in as big a
    way as they subsequently did.

    “He led me to believe that they
    were looking to do a positive story on an inside page based on leaks in
    the Portuguese press of quotes in an alleged diary that had already
    appeared in Portugal in previous days.

    “I told him that we were in no way encouraging any such coverage of a diary, or even confirming that any diary existed.

    “However,
    I said if they were planning to run a positive piece that was up to
    them and it would be fine as long as it was positive.

    “All of my
    contemporaneous emails at the time are now with lawyers for the Leveson
    Inquiry, and I am more than happy to give my side of the conversation
    with Ian Edmondson if required.

    “You only need to look at the
    fact that the News of the World subsequently rolled over a few days
    later and not only published an apology in the following week’s paper
    but also paid more than £120,000 to the Madeleine Fund by way of
    compensation. That speaks for itself.”

    http://www.pressgazette.co.uk/story.asp … =48450&c=1

  19. Now that is interesting, so Clarence has submitted all his emails etc to the Leveson Inquiry, I think this should get very interesting.

  20. Hmmm. 

    Here’s the CdaM article from 13 September 2007 (with concrete allegations about its content).

    13 Setembro 2007
    Nº de votos (0)
    Comentários (103)Por:Tânia Laranjo / Ângela Lopes / Paulo Marcelino / J.S.

    http://www.cmjornal.xl.pt/detalhe/noticias/exclusivo-cm/kate-chama-histericos-aos-filhos-no-diario

  21. I think Daniel Sanderson’s testimony clarified what many of us suspected ages ago, the diary came from the Portuguese Police.

    Q.  When you come back to the office after the weekend on
    5    Tuesday, 9 September 2008, Mr Edmondson shows you a copy
    6    of the diary.  It’s all in Portuguese, so it’s been
    7    translated evidently from the original?
    8 A.  That’s correct.
    9 Q.  Was there anything about the diary which caused you to
    10    speculate as to its source or was your state of mind the
    11    same as it had been previously?
    12 A.  Thinking back, I mean it had obviously been translated
    13    from English to Portuguese.  I mean, the source was —
    14    I suppose, thinking back, it must have come from the
    15    Portuguese police, absolutely.
    16 Q.  Why do you say that?
    17 A.  From memory, when I was looking through the documents,
    18    I believe there were comments on certain pages, I think.
    19    I can’t remember.
    20 Q.  Which — obviously you don’t speak Portuguese —
    21 A.  No, but there were notes and comments, and I don’t know,
    22    it looked like some kind of official document, if that
    23    makes any sense.
    24 Q.  So was it at that point that you realised that the
    25    source was probably the Portuguese police?

    Page 82
    1 A.  Oh yes, no absolutely, absolutely.
    2 Q.  Did that cause you any concerns?
    3 A.  The whole thing caused me concern.  The whole thing
    4    caused me concern.

  22. Hang on a minute. CdaM’s initial leaks about alleged content (and DN’s article) were on the same day as the Family Court decision authorising the request to have it translated. 

    Would that decision have been made at a hearing, and if so would it have been open to journalists? I suspect not, due to the judicial secrecy. 

    So somehow the journalists must have got hold of that correspondence and at least CdaM must have got hold of (or were told about) some of the alleged contents, which were presumably from the original as it hadn’t been translated then. 

    Then, of course, is the subsequent saga of the Portuguese translation.

  23. Considering the fact that the diary was only referred to in general terms until C de M published the extracts………….

    hmm now  where does that lead……………..

    • Was just scanning through that CdaM article (13 Sept 2007).

      It also lists where the dogs alerted and what to – except that some of it is incorrect. 
      INDÍCIOS CONTRA OS MCCANN
      Cães da polícia britânica, capazes de farejarem odor de cadáver, detectaram um rasto de morte desde o Ocean Club até à Igreja da Luz e daqui para a praia (ver infografia nesta página). O mesmo cheiro foi descoberto nas roupas de Kate. Manchas de sangue e cabelos de Maddie foram encontrados no carro e no apartamento
      CARRO ALUGADO PELO CASAL 25 DIAS DEPOIS DO DESAPARECIMENTO DE MADDIE
      – Os cães ingleses detectaram cheiro a cadáver na bagageira e nas chaves
      – Polícia Científica recolheu vestígios de sangue e de cabelos de Maddie junto da roda sobressalente, debaixo do tapete da bagageira
      APARTAMENTO DO OCEAN CLUB
      – Vestígios de sangue de Maddie no chão e nos cortinados da sala
      – Cães ingleses descobriram odor a cadáver na sala, no quarto e num armário
      2.ª CASA, PERTO DO OCEAN CLUB
      – Cheiro a cadáver numa camisola e num par de calças de ganga de Kate McCann e no ursinho da menina

    • Which year’s leaks are you referring to? 2007 or 2008?

      I’m not sure DN actually had all of the same leaked “info” – or else they were just being more responsible on what they reported. 

  24. The editors name is also attributed to the C d M article………..

  25. Right so the timeline is this:

    Diary taken by Police during search of  Villa (confirmed by Kate McCann in her book)

    Then onto translator who returned them on the 4th October 2007 and submitted her invoice.

    On 4th October 2007, at about 10.50 I received from the interpreter Armanda Russell, named in the 201/07.OGALGS case files, the following two requirements, the original document which was the object of the translation and the translated document produced according to the price that was agreed by the Court, I personally having delivered these documents to the Instruction Judge in the presence of the interpreter.
     
    This is the manner in which the interpreter delivered them,
     
    signed 
     
     
     
    The Court Official

    Invoice for translation

    Then the receipt was dated the 30th June 2008 (I take that to be the day she was paid)

    And then on the 25th June 2008

    Conclusion on 25-06-2008In the sequence of the dispatch by Mmo JIC on page 2081 a diary was apprehended belonging to Kate Marie Healy, after being photocopied the original was returned (delivery note 2125).In the sequence of the dispatch on page 2628 the decision about maintaining the diary in the files was relegated to the moment that its respective contents were known, taking into account that it could reveal personal material or information without relevance to the investigation.Bearing in mind that the inquiries of the investigation are almost finished we request the Mmo JIC to make a pronouncement as to the relevance of the contents of the photocopied diary.

    And then we had the Judge’s instruction to destroy the Diaries and copies on the 26th June 2008

    Conclusion 26-06-2008

    (Presents invoice)

    The photocopies of the ‘diary’ do not contain any material of interest to the ongoing investigation, but relate to the personal and inviolable personal experiences of any person.

    Accordingly I order the diary’s respective destruction.

    Portimao

    2008-06-27

    Pedro Frias
    Criminal Instruction Judge

  26. Clear as mud. 

    If the copy that Sandersen saw appeared “official”, then surely this didn’t come from the translator? Poor girl if she was nothing to do with it.

  27. Bren, I think the timeline needs to extend back to the inspection of the villa. 

  28. Yes Carana it is clear as mud, and I don’t think the translator would leak anything to the Press because by the looks of things, it is a professional business.

    http://codigopostal.ciberforma.pt/dir/empresa.asp?emp=349385

  29. Certain amount of arse-covering is going on on twitter, with reference to this article

    Gonçalo Amaral had spent six years heading the Portimão Criminal Investigation Department when he was put in charge of the investigation. A few days before being taken off the case “due to political pressure” according to his own words, Amaral phoned me early in the morning in my Portimão hotel. It was the 12th September 2007 and until then, the Portuguese officer had avoided any contact with the press: “Justice is done in silence”, he quoted Saint José to kindly evade any requests for interviews. The meeting took place in a Brazilian owned cafeteria in Olhão. A dull and over lit place that would remain open until dawn.

    Amaral, who had charged the McCanns five days previously, arrived late, unshaven, his suit wrinkled and with deep shadows under his eyes. He said he had not slept for days. His shabby appearance was one of the most recurrent arms used by the British press to discredit him. In the UK defending the innocence of the McCann couple had become a question of patriotism, the tabloids had gone to the lengths of qualifying the Portuguese officer as a dipsomaniac, a bumpkin and even as suspected of being involved in a paedophile network. They did not pay any attention to Amaral who continued to insist on the theory that Madeleine had suffered a domestic accident and that the parents had disposed of her body to avoid scandal: according to Amaral’s suspicions, the autopsy would have revealed that the McCanns had been sedating their hyperactive daughter and that they had exceeded the dosage. Gerry McCann, a doctor by profession, was at the point of being named for an important position in theBritish health service when the girl disappeared. A well-connected man with influence at the highest levels.

    Although the Portuguese police had not had access to Kate McCann’s diaries, Amaral knew of part of their content due to press leaks. According to these leaks, Kate admitted in her writings that Maddie’s hyperactivity would on occasions, rile her. In any case, Amaral also doubted the veracity of what Kate had written, suggesting that the version of the diary delivered to the British several weeks after the disappearance would have been later manipulated to hide evidence: “If you take this book and write now that it is the 12th September and your impressions…, is that a diary or fiction?”.

    Wasn’t the antis saying this article  was rubbish a while ago, 

    http://themaddiecasefiles.com/topic16838.html

  30. 4th Oct 07

    Translator delivers original doc and pt
    translation.

    …(.sits in files)

     

    from the 27.7.08

    C de M start their publications re. the
    diary.

     

    28.7.08

     

    Sun reports that excerpts from the diary have
    emerged.

    The pages were obtained from police files by PT
    paper.

     

    25.6.08

    The judge is asked if the diaries should be
    included in the final process.

     

    26.6.08

    Judge deems it of no interest to the investigation
    and orders its destruction.

     

     

  31. When you think about all of this, back in 2007 if someone told you in 2011 there would be an inquiry into phone hacking, the Murdochs would be up before a select committee and the News of the World would be defunct, you would have called them mental.

    All this about Kate’s diary is because of the Phone Hacking inquiry.  Up until then what with Judicial secrecy and arse-covering, it was basically all supposition.  Kate McCann knew she never gave the press copies and the only other people who had them were the Police, but she had no proof that they handed them over.Now with this inquiry, the truth is emerging and I am afraid to say, Portugal’s Judicial system, can’t ignore this, they will have to find out WHO leaked those copies to the Portuguese female journalist.Remember this Phone Hacking Investigations and the Leveson Inquiry are gaining world-wide interest and the Portuguese Police are not coming out of this looking very good are they?

    Now with Piers Morgan having to give testimony, the USA will be more interested and people who have not bothered with the Leveson Inquiry might get interested.  Portugal has got to save its reputation, surely.  The leaks and Kate’s diaries are the can of worms that has been opened and Portugal just can’t ignore it any longer without doing something about it, especially with Scotland Yard now re-examining everything.

  32. What’s the “chain of custody” between 2 August and the apparently sealed bag opened by the Family court on 13 September?

  33. “Although the Portuguese police had not had access to Kate McCann’s diaries, Amaral knew of part of their content due to press leaks.”

    Hmmm. It was seized on 2 August 2007. How could he NOT know?

  34. The ‘official’ translation was delivered in Oct, wonder how soon the ‘unofficial ‘translation was done after they were photocopied………..somebody was leaking the broad content soon after, or was it an English speaker leaking?

    • You don’t really need to to understand that much English to skim through certain passages and highlight certain phrases out of context.

  35. I am beginning to wonder how quick the ‘unofficial translation’ was being leaked verbally one snippet at a time and who by.

    Now that brings me back to something I read in the Portugal resident about the leaks

    http://regretsandramblings.com/wp-content/uploads/2011/10/Madeleine_McCann_SUPPLEMENT.pdf

    Alípio Ribeiro has been the national director of the Portuguese Polícia Judiciária since 2006. He graduated in law from Lisbon University and entered the Public Prosecutor(Ministério Público) in 1973, spending most of his early career in the north of Portugal. Before taking office as national director, he was one of the Porto’s regional deputies of the public prosecutor.

    Although he kept a distant role in the Madeleine case, his actions became more visible in the media after he ordered the removal of Gonçalo Amaral from the investigation.

    He was called on by the Ministry of Justice on several occasions in the past year to explain the developments in the case. His presence was also required for a special enquiry by MPs at the national parliament, held due to the systematic leaks to the press that the case had suffered since day one.

  36. C d M starts to print on 27th july 08
    Sun publishes the day after that Pt paper is publishing  diaries.
    On acount of Sun article Sanderson sets about locating PT journo.

    ……hmm now which paper would be the most logical location.

  37. Now the diary was also mentioned in the Panorama Interview – The Mystery of Madeleine McCann

    CARLOS ANJOS: Kate McCann’s diary will be as important to the investigation as is all the small evidence that has been found throughout the whole course of investigation, not more, not less. By combining all of the evidence we will be able to reconstruct what happened that moment that evening. 

    http://news.bbc.co.uk/1/hi/programmes/panorama/7106086.stm 

  38. Slightly off topic. I was actually looking for something else and came upon this (a Wikipedia mention dating from 2007)

    Channel 4 News presenter Alex Thomson has said the Madeleine McCann story did not deserve its news ranking. “I’ve been sickened by the way the media have allowed themselves to be taken for a full-scale ride by the McCanns.” He added that the parents’ conduct, “a contributory factor in the abduction, was largely downplayed or ignored altogether by sycophantic, gullible blanket coverage.”[114 ]  

    I presume this is  alextomo on Twitter?If so, does he still hold this view?

  39. Forgot to provide the link:
    http://en.wikipedia.org/wiki/Response_to_the_disappearance_of_Madeleine_McCann

    It would indeed seem to be the same person as:

  40. I do hope he can cope with the electronically unleashed.  😉

  41. Ah this was reported in the Sun on the 9th July 2007

    Published: 09 Jul 2007

    MISSING Madeleine McCann’s parents have been given hope by the parents of a snatched boy who was found safe FOUR YEARS later.

    American Shawn Hornbeck, 15, was rescued in January after going missing on a bike ride.

    Stepdad Craig Ackers, 46, said: “I want to tell Kate and Gerry that miracles happen.”

    Mum Pam, 43, of Richwood, Missouri, said: “When they feel like giving up they should think about us.”

    Meanwhile, Channel 4 newsman Alex Thomson was rapped after claiming coverage of Maddie made him SICK.

    He said the conduct of Maddie’s parents, who were having dinner in a nearby restaurant when she was taken 67 days ago in Praia da Luz, Portugal, was “a contributory factor in the abduction”.

    A Channel 4 News spokesman said Thomson has been reprimanded.

    http://themaddiecasefiles.com/topic3021.html 

    Which is no longer online

    • Sorry, didn’t mean to take you off topic.

      As per the link I gave above, I’m not sure he’s changed opinion on the whole. 

      If so, I doubt that many other journos would resent fan-mail from certain quarters on that subject being deposited at his door. 

      @alextomoalex thomsonMcCanns sign lucrative book deal. Will they finally explain why they abandoned their child without supervision?15 Nov 10 via Mobile Web Favorite Retweet ReplyRetweeted by john_hunt and 26 others

  42. Ahh. Carlos Anjos. Rings a bell. 

    Not the talking head of swinger allegation fame (I believe that was another one). 

    The one who assured PT TV that the McCanns contacted Sky before the police?

  43. Here is more about it from the Sun

    Exclusive: TV man’s sick jibe at Maddie parents

    David Goodwin
    9 July 2007
    The Sun

    A TV newsman was last night slammed for saying the Madeleine McCann story made him SICK. Channel 4’s Alex Thomson also hit out at the missing girl’s parents. He said Gerry and Kate McCann had taken the media for a RIDE and they contributed to her disappearance.

    But last night telly chiefs rapped him for his outburst.

    It came after Thomson was asked which recent story had annoyed him the most. He told UK Press Gazette: “I’ve been sickened by the way the media have allowed themselves to be taken for a full-scale ride by the McCanns.”

    He claimed the parents’ role in the abduction “was largely downplayed or ignored altogether by sycophantic, gullible blanket coverage”. Madeleine, four, right, was snatched 67 days ago in Praia da Luz, Portugal. A spokeswoman for her parents said they were “very surprised” by the comments.

    Thomson, far right, was unavailable for comment. Channel 4 confirmed he’d been “reprimanded”.

    http://themaddiecasefiles.com/topic15414.html 

    And here is the article it all stemmed from

    Paris Hilton? Not on my watch!
    6 July 2007
    By Rachael Gallagher

    Reality TV, “fatuous” celebrities, and “blanket coverage” of the Madeleine McCann story top the list of lead stories British news presenters would most like to shred.

    Following US news presenter Mika Brzezinski’s attempts to burn, bin and finally shred the script for a lead story on Paris Hilton’s release from prison last week, Press Gazette asked the anchor’s UK counterparts which topics drove them to destruction.

    Jeremy Thompson of Sky News cited Big Brother, adding: “I think I’d have ripped up the lead script too – if it had been Paris Hilton or almost any other fatuous celebrity yarn.”

    BBC News 24 anchor Ben Brown said he had occasionally declined to cover reality TV stories. “I said I didn’t think we should be doing it just because the new series of Big Brother was launching.”

    Channel 4 News presenter Alex Thomson said the Madeleine McCann story did not deserve its news ranking: “I’ve been sickened by the way the media have allowed themselves to be taken for a full-scale ride by the McCanns.” He added that the parents’ conduct, “a contributory factor in the abduction, was largely downplayed or ignored altogether by sycophantic, gullible blanket coverage.”

    Jim Gray, editor of Channel 4 News was in two minds as to Brzezenski’s onair antics: “As an editor, I’m absolutely appalled but delighted. A shocking lack of professionalism but, by God, she had rightness on her side.”

    But Adrian Monck, former managing editor of Five News showed no pity: “If a presenter ever did that on air I’d want to give them a very good talking to.”

    http://www.pressgazette.co.uk/story.asp?sectioncode=6&storycode=38152&c=1

  44. If he just meant excessive media coverage…. yes, I could agree with that. However, I’m not sure that that is what he meant. 

  45. The more I re-read that part from Almeida’s report to the Co-Ordinator (who I take is Amaral) the more convinced I am that the photocopied diaries were hanging around the PJ’s offices, from the moment of seizure until they were submitted to the Judge on the 13th September 2007.

    Almeida writes:

    On the course of the house search to the residence of the McCann, a manuscript was found, a sort of diary, already photocopied, possibly authored by Kate McCann, and admitting that the same may contain elements that may help to reach the material truth of the facts, WE PROPOSE THAT:
    I) The photocopies of such document to be presented to the M.Mo Judge regarding its apprehension, if legal, translation and eventual recovery of elements to bring into the ‘Autos’ for future investigation. 
    CONCLUSION
    On the tenth of September, two thousand and sevenChief Inspector(Tavares de Almeida)

    So they were taken on the 2nd August 2007, photocopied, originals returned to Kate and the photocopies were presented to the Court on the 13th September 2007 to get the authorisation for translation as they may hold vital evidence, which was completed on the 4th October 2007.

    So for over a month practically 6 weeks they sat in the PJ’s casefiles, anybody could have carried out a rough translation.

  46. Well done on all your work on the timeline, Bren.

    Cath has an interesting thread on Myths on the diary mentions in the press. 

    http://stopthemyths.prophpbb.com/topic1853-25.html

  47. Reading up, thanks also to Samantha for her research. 😉

    I’m trying to work this out.

    The basics of the PJ/judicial timeline seem to be that: 
    – the PT police came across and took the diary, along with other items, on 2 August 2007.
    – handed back the original within a few days, having made a photocopy.
    – as, by definition, a personal diary is… hmmm, personal, but may have contained clues for the investigation, this entailed a post-facto bureaucratic process, ratified by the Portimão Family Court, and which authorised its translation (13 September 2007).
    – the translator handed over the translation in a sealed envelope back to the Family Court (4 October 2007).
    – Eventually dismissed as of no use to the investigation on 26 June 2008 by the criminal instruction judge and therefore privacy rights meant that it should not be included in the process files. 

     

    • Basically Carana that is what happened. All this kicking and screaming about Leveson and the diary from the other side, yet none of them are concerned that the PJ leaked it to some female reporter in the first place.

      I wonder how they would feel, if the Police took their diary, for investigative purposes and the next thing they knew it was being leaked all over the press and a copy was handed to a journo?

      I bet they would be the first to write into Leveson and the respective Police Force demanding answers.  

  48. Continuing…

    – So, the PJ had a photocopy of the original during that 6-week period from seizure to authorisation. 

    – The translator was instructed to hand the original and the translation over to the Family Court, in a sealed envelope, which she did.

    However…

    – At the time, the PJ presumably thought that the diary might have had potential “intelligence” value (and, presumably, thinking ahead, might constitute “evidence” for the process). 

    Wouldn’t it have been logical for the PJ to retain a translated copy in order to pursue their enquiries? 

    – I haven’t come across anything that would suggest that the copy of the original and the translation were to be handed over SOLELY to the Family Court judge.

    Have I misunderstood something or missed a file document that states the contrary?

  49. …on the 4th oct a court official handed the diary photocopies and the translated docs. to Frias the Instruction Judge.

    Presumambly…they then found there way into the investigation process, until he ordered there destruction.

  50. 4496 – Return of diary post221923.html#p221923

     

    Processos Vol XVIIPage 4496From The Public
    ProsecutorPortimao Legal CircuitConclusion on
    30-6-2008Return the records to the Policia
    Judiciaria(Doc linked in TOC)

  51. The site is playing up a bit. Yesterday I could only read the comments on page 1 and today not even that until I refreshed a few times. Or is it my computer?

    Anyway it’s good to see we’re on the same track, posting the timeline.
    JOSE BARRA DA COSTA – that’s him the one who’s made the swinger allegations. http://www.gerrymccannsblogs.co.uk/INVESTIGATION.htm#zz1Back on topic.
    Why did the PJ keep that diary for over a month before it was sent to the Judge?
    Tavares mentioned it in that “report” of him, dated 10-09-2007.
    According to CdM (13.09.07) the diary was analysed by police investigators.
    But how? Did one of the PJ officers do a “translation”?

    Kate mentioned in her book that they had an interview without a formal translator, a PJ officer who did the translation, right?

    So is it possible there’s two translated versions of the diary, one official (by Armanda Duarte Salbany Russel) and an unofficial version?

    Oh and of course there’s the question who’s analysed the translation that was delivered to the Judge. Where did he sent it, shouldn’t that be in the files?

  52. Hi Cath, I have taken the page numbering off, to see if that helps.

    Yes Kate mentions in her book about that interview on the 8th August, and their usual translator/interpretor was not there and a PJ officer stood in.

    Now I wonder if they did an informal translation.  Also I was thinking by the time the diary was translated and returned to the Police, Goncalo was already dismissed from the investigation, and if memory serves me correctly when Rebelo took over Almeida asked to leave and it was Paiva who stayed….  

    If the News of the World got hold of the official one, I wonder who passed it onto the Portuguese Journo and whether those officers that had left or been removed whether they still had access to the files?

    • Yes, removing page numbering has helped, thank you Bren.

      That’s exactly what went through my mind when I wrote that post.

      We know Paiva speaks English, after all he was their “liaison officer”.
      He testified on Amaral’s behalf in 2010, this man who believes Madeleine is dead and who’s responsible for investigating new clues? Hmmm…

      Amaral and Tavares stayed in touch after he was removed from the case.

      I wonder why it was passed onto the Portuguese Journo. Money or “revenge”?

  53. It is hard to make 100% sense from odd documents scattered in the files, without knowing any background, phone calls, meeting, conversations etc.

  54. Yes Samantha, we only have partial files, and not the insider knowledge of who phoned who and when and what was said.  Plus we don’t have any information that Leicester Police collated, only what they passed onto the PJ and what is in the files.

    I think the only thing that we can now say, is that the diary was in the possession of the PJ and it found its way to a Portuguese Female Journo who arranged to sell it to the NOTW.

  55. It appears??? that the official translated doc. went between the Instruction Judge and the PP until

    4496 – Return of diary post221923.html#p221923 …(MCF)

     

    Processos Vol XVIIPage 4496From The Public
    ProsecutorPortimao Legal CircuitConclusion on
    30-6-2008Return the records to the Policia
    Judiciaria(Doc linked in TOC)Presumably for everything to be destroyed by the PJ.???????????????

  56. C fe M certainly milked the diary….

    Kate forced political
    pressure Correio da
    Manhã 
     
    Revelations –
    Maddie’s mother’s notes prove Gonçalo Amaral right
     
    26 July 2008
     
     
     
    Secrets of Kate: Walks
    were staged Correio da
    Manhã   
     
    Notebooks of Maddie’s mother reveal tactics with the British
    press
     
    27 July 2008
     
     
    Kate irritated with the PJ on the first day Correio da
    Manhã
     
    Kate’s notes –
    Mother of Madeleine did not like to be interrogated
     
    28 July 2008 – 00h30

     
     
    McCanns pressure
    PJ Correio da
    Manhã   
     
    Kate’s notebooks
    – English diplomacy in defence of Maddie’s parents
     
    30 July 2008 –
    00h30
     
     
     
    Kate tried everything
    to accuse Murat Correio da
    Manhã   
     
    Kate’s notebooks
    – McCann’s and friends against the Anglo-Portuguese
     
    29 July 2008
     
     
     
    Kate tried to hide
    twins’ tantrums Correio da
    Manhã

     
    Kate’s notebooks – Sean and
    Amelie were only 18 months old
     
    31 July
    2008
     
     
     
     
    Kate devalued ‘leads’ of Maddie Correio da
    Manhã
     
    Kate’s notebooks
    – McCanns ignored contacts
     

    01 August
    2008

  57. … [Trackback]…

    […] Informations on that Topic: regretsandramblings.com/2011/12/14/clarence-mitchell-denies-giving-ok-to-print-diaries/ […]…

  58. … [Trackback]…

    […] There you will find 77040 more Infos: regretsandramblings.com/2011/12/14/clarence-mitchell-denies-giving-ok-to-print-diaries/ […]…

  59. […] Clarence Mitcheel denies giving OK to print diaries […]

Comments are closed.

%d bloggers like this: