Monday, 15 February 2010

Legal Pitfalls


From writer agw Anorak Forums.


Legal Pitfalls

You know when an accident is going to happen. They even have corporate speak phrases for it these days: “Risk Assessment” is one.

You know when a playing kitten is going to fall from the arm of the chair,
you know when the child is going trip and fall, no matter how quick you are to try and get there.

Sometimes you see disasters being created and thundering, in silent-movie slowed down train-wreck style, toward you or others and there's little you can do other than stand and watch horror-struck by the enormity of it all.
You know the accident’s about to happen and there is nothing you can do but perhaps wonder why you knew?

It has nothing to do with sixth senses, it is because the most powerful computer known to man, your brain, has gathered in all the previous experiences you have weighed in the balance and made a predictive analysis.

That is what is so strange about the current and past behaviour of the parents of the missing child Madeleine McCann.

They have started a court action defending their reputations in Lisbon because the former chief investigating officer Goncalo Amaral, above, is accusing them of being involved in Madeleine’s disappearance. They have also started an action seeking a money settlement for the Portuguese equivalent of libel and in addition are taking on a Lisbon-based documentary production unit for reporting on the detective's objected to book and the case.

Lisbon was never going to be a perfect spot for the McCann's to start legal sparring and this week they were dealt what can only be termed a body-blow when the detective's lawyers produced evidence the UK’s top criminal profiler has said there were “contradictions” in their statements and both should be treated as possible “homicide” suspects.

No arguments, no amount of reshuffling or clarifications can change that and the facts can not be forced back into the can of worms which the McCann parents themselves have allowed to be opened.

Damage Limitation

The background PR work after the Lisbon shocker has been impressive. The McCann lawyers strode from the courtroom and counter-claimed there were tens, hundreds or more sightings of the missing girl. The UK’s Red Tops dutifully followed the thread and reported the lawyer’s statement. My experience and training gave the brain the predictive text that this looked like a smoke screen, a damage limitation. The missing fact was all these sightings came after the McCann’s themselves had been released from Arguido, suspect, status. The case was archived. It was a cold, leading nowhere, case in the eyes of the top legal and police professionals in Portugal...the responsible authorities have no clues and have suspended work on the case.

It has already been said in these columns, taking on the Portuguese legal system was going to be a minefield but there is one question:
Who is taking the responsibility for the Risk Assessment for this McCann course of action?
Whoever it was needs to be replaced or kept out of the limelight.

Mass public opinion is turning.....more agw