Historic Ruling by Portugal court -Text messages and calls “can now be submitted in court as evidence” - Portugal Resident - 21/05/15

Page 1 of 3 1, 2, 3  Next

View previous topic View next topic Go down

Historic Ruling by Portugal court -Text messages and calls “can now be submitted in court as evidence” - Portugal Resident - 21/05/15

Post  Andrew on Thu 21 May 2015, 5:27 pm

http://portugalresident.com/text-messages-and-calls-%E2%80%9Ccan-now-be-submitted-in-court-as-evidence%E2%80%9D
avatar
Andrew

Posts : 13087
Join date : 2014-08-29

Back to top Go down

Re: Historic Ruling by Portugal court -Text messages and calls “can now be submitted in court as evidence” - Portugal Resident - 21/05/15

Post  Andrew on Thu 21 May 2015, 5:29 pm

Perhaps someone can post it all up and change the title to something better. Mods....
avatar
Andrew

Posts : 13087
Join date : 2014-08-29

Back to top Go down

Re: Historic Ruling by Portugal court -Text messages and calls “can now be submitted in court as evidence” - Portugal Resident - 21/05/15

Post  Guest on Thu 21 May 2015, 5:47 pm

Interesting development.


Text messages and calls “can now be submitted in court as evidence”
Text messages and calls “can now be submitted in court as evidence”

In a historic ruling, Évora’s court of appeal has clarified that text messages (even if they are not read) and mobile phone records can now be used in criminal cases and do not require any authorisation by a judge.

But emails - which can be accessed by mobile phones - can only be used if the person to whom they have been addressed has read them.

The decision was announced in today’s Diário de Notícias which claimed the law up until now has been “unclear in this context”.

Indeed it could have changed endless police investigations in the past - not least the original Madeleine McCann inquiry.

As TVI24 reveals, in 2007 Portimão Judge Pedro Frias “refused the PJ the right to look at text messages on Kate McCann’s mobile phone”, justifying his decision on the basis that “telephonic interceptions could not be authorised after the event”, and that he “could not authorise the consultation of written messages sent and received before receiving a request” to this effect.

Indeed TVI has run an exposé on the “controversial judge” (see our story elsewhere), adding that in 2007 “there were many voices” speaking out against this decision.

Now, as a result of the appeal court’s decision, the PJ would have had a great deal more investigative freedom.

Évora’s judges were asked to rule on the law following a case of theft in Serpa where the suspect had “inadvertently” left his mobile phone at the scene of the crime.

To find out who he was, police had gone through the man’s text messages and phone records.

The Public Ministry had argued that this was the kind of action that only a judge could authorise, but the panel defended that, “in essence”, a message kept in digital support “had the same protection as a written letter received in the post that had been opened and then filed in a personal file”.

Referring specifically to the case in Serpa, which DN stressed “should now apply to other cases”, the use of this kind of material should not require “previous intervention by a judge” to be authorised as proof.

Within hours of running the story, DN had received a number of commentaries both for and against.

natasha.donn@algarveresident.com
- See more at: http://portugalresident.com/text-messages-and-calls-%E2%80%9Ccan-now-be-submitted-in-court-as-evidence%E2%80%9D#sthash.tFjzn6FO.dpuf

Guest
Guest


Back to top Go down

Re:Portugal Resident 21/5/15.

Post  costello on Thu 21 May 2015, 6:05 pm

I read a tweet about this today, interesting indeed.
avatar
costello

Posts : 2397
Join date : 2014-08-31

Back to top Go down

Re: Historic Ruling by Portugal court -Text messages and calls “can now be submitted in court as evidence” - Portugal Resident - 21/05/15

Post  Andrew on Thu 21 May 2015, 6:26 pm

How long are text messages stored for.. Could hypothetically they still be accessed from K's phone records after all these years...
avatar
Andrew

Posts : 13087
Join date : 2014-08-29

Back to top Go down

Re: Historic Ruling by Portugal court -Text messages and calls “can now be submitted in court as evidence” - Portugal Resident - 21/05/15

Post  dogs don't lie on Thu 21 May 2015, 6:31 pm

Does this mean they can now be questioned on the flurry of calls and texts by the PJ if necessary?

_________________
Fight for Madeleine x
avatar
dogs don't lie

Posts : 2500
Join date : 2014-11-24
Age : 41
Location : Ireland

Back to top Go down

Re:Portugal Resident 21/05/15.

Post  costello on Thu 21 May 2015, 6:40 pm

The way I see it the P.J. no doubt already have all the data from the phones but were unable to use the information in 2007. They may now be able to release the details.
avatar
costello

Posts : 2397
Join date : 2014-08-31

Back to top Go down

Re: Historic Ruling by Portugal court -Text messages and calls “can now be submitted in court as evidence” - Portugal Resident - 21/05/15

Post  Andrew on Thu 21 May 2015, 6:51 pm

costello wrote:The way I see it the P.J. no doubt already have all the data from the phones but were unable to use the information in 2007. They may now be able to release the details.
I hope that's right.

OG if I remember rightly made a lot of 'noise' about phone records a while back..
avatar
Andrew

Posts : 13087
Join date : 2014-08-29

Back to top Go down

Re: Historic Ruling by Portugal court -Text messages and calls “can now be submitted in court as evidence” - Portugal Resident - 21/05/15

Post  dogs don't lie on Thu 21 May 2015, 6:57 pm

Could this be a reason to get them back to Portugal for questioning? Would be reasonable enough, or do the PJ already know who and why was contacted but haven't been allowed to use that info?

_________________
Fight for Madeleine x
avatar
dogs don't lie

Posts : 2500
Join date : 2014-11-24
Age : 41
Location : Ireland

Back to top Go down

Re:Portugal Resident 21/05/15.

Post  costello on Thu 21 May 2015, 7:09 pm

Andrew wrote:
costello wrote:The way I see it the P.J. no doubt already have all the data from the phones but were unable to use the information in 2007. They may now be able to release the details.
I hope that's right.

OG if I remember rightly made a lot of 'noise' about phone records a while back..

Don't quote me Andrew, it really is just what I think. If you read N.M.@AdirenM. tweets in my opinion he seems to know what he is talking about and I think he is genuine. On the plus side he lives in the Algarve.
avatar
costello

Posts : 2397
Join date : 2014-08-31

Back to top Go down

Re: Historic Ruling by Portugal court -Text messages and calls “can now be submitted in court as evidence” - Portugal Resident - 21/05/15

Post  Andrew on Thu 21 May 2015, 7:42 pm

Will have a look at that. Thanks Costello. 

All those deleted messages / calls from the Mc's. 

(there is a video somewhere of them both in hysterics about thIs when asked the question) 

Well hopefully they won't be seeing the funny side now because of this latest news.
avatar
Andrew

Posts : 13087
Join date : 2014-08-29

Back to top Go down

Re: Historic Ruling by Portugal court -Text messages and calls “can now be submitted in court as evidence” - Portugal Resident - 21/05/15

Post  dogs don't lie on Thu 21 May 2015, 7:59 pm

Hmm, this is taken from the thread Andrew started earlier,


Intimate conversations between the pair have been secretly listened to and their movements tracked by investigators.
A British source added: "After a slow start, the police inquiry is a lot more focused and professional.
"There is a great deal of co-operation between the Portuguese and British police. There are likely to be further dramatic developments in the next few days.
"A lot of people will be surprised by what else is going to come out."



_________________
Fight for Madeleine x
avatar
dogs don't lie

Posts : 2500
Join date : 2014-11-24
Age : 41
Location : Ireland

Back to top Go down

Re: Historic Ruling by Portugal court -Text messages and calls “can now be submitted in court as evidence” - Portugal Resident - 21/05/15

Post  Guest on Thu 21 May 2015, 8:08 pm

dogs don't lie wrote:Hmm, this is taken from the thread Andrew started earlier,


Intimate conversations between the pair have been secretly listened to and their movements tracked by investigators.
A British source added: "After a slow start, the police inquiry is a lot more focused and professional.
"There is a great deal of co-operation between the Portuguese and British police. There are likely to be further dramatic developments in the next few days.
"A lot of people will be surprised by what else is going to come out."



Which thread is that DDL?

Guest
Guest


Back to top Go down

Re: Historic Ruling by Portugal court -Text messages and calls “can now be submitted in court as evidence” - Portugal Resident - 21/05/15

Post  Andrew on Thu 21 May 2015, 8:11 pm

From the DM article. Although that's back in 2007.

Makes you think though what they have got intelligence wise but not disclosed to this day. Yet.
avatar
Andrew

Posts : 13087
Join date : 2014-08-29

Back to top Go down

Re: Historic Ruling by Portugal court -Text messages and calls “can now be submitted in court as evidence” - Portugal Resident - 21/05/15

Post  Guest on Thu 21 May 2015, 8:25 pm

Andrew wrote:From the DM article. Although that's back in 2007.

Makes you think though what they have got intelligence wise but not disclosed to this day. Yet.

Ah! thanks.

Guest
Guest


Back to top Go down

Re: Historic Ruling by Portugal court -Text messages and calls “can now be submitted in court as evidence” - Portugal Resident - 21/05/15

Post  Guest on Thu 21 May 2015, 9:20 pm

Goncalo Amaral also famously stated, "there are things I haven't said yet".

Guest
Guest


Back to top Go down

Re: Historic Ruling by Portugal court -Text messages and calls “can now be submitted in court as evidence” - Portugal Resident - 21/05/15

Post  Guest on Thu 21 May 2015, 9:22 pm

I like this.


The Suppressionals @1matthewwright1 · 50m 50 minutes ago

The 'abductor' must be fuming at the new law in Portugal & such joyous news for #mccann?

Guest
Guest


Back to top Go down

Re: Historic Ruling by Portugal court -Text messages and calls “can now be submitted in court as evidence” - Portugal Resident - 21/05/15

Post  Guest on Thu 21 May 2015, 9:24 pm

Redwood said at some stage said phone call analysis would be crucial if I recall.

Guest
Guest


Back to top Go down

Re: Historic Ruling by Portugal court -Text messages and calls “can now be submitted in court as evidence” - Portugal Resident - 21/05/15

Post  Châtelaine on Thu 21 May 2015, 10:09 pm

I agree. IIRC PJ had phone information, but were not allowed to use it without court allowance.
The times they are a changing ...
avatar
Châtelaine

Posts : 2380
Join date : 2014-08-27
Location : France

Back to top Go down

Re: Historic Ruling by Portugal court -Text messages and calls “can now be submitted in court as evidence” - Portugal Resident - 21/05/15

Post  Poppy on Thu 21 May 2015, 10:15 pm

I'm not going to get too excited about this ruling just yet,but I'm sure if the case is shelved again Kate and Gerry will need a few extra toilet rolls.
avatar
Poppy

Posts : 275
Join date : 2014-08-30
Age : 58

Back to top Go down

Re: Historic Ruling by Portugal court -Text messages and calls “can now be submitted in court as evidence” - Portugal Resident - 21/05/15

Post  Andrew on Thu 21 May 2015, 10:24 pm

Poppy wrote:I'm not going to get too excited about this ruling just yet,but I'm sure if the case is shelved again Kate and Gerry will need a few extra toilet rolls.
I think they are fully stocked up on toilet rolls and using more by the day.

An extra batch ordered when they heard about this phone stuff.
avatar
Andrew

Posts : 13087
Join date : 2014-08-29

Back to top Go down

Re: Historic Ruling by Portugal court -Text messages and calls “can now be submitted in court as evidence” - Portugal Resident - 21/05/15

Post  kylie on Thu 21 May 2015, 10:52 pm

Does this ruling include cases from the past or just new cases?
avatar
kylie

Posts : 170
Join date : 2014-11-18
Age : 101

Back to top Go down

Re: Historic Ruling by Portugal court -Text messages and calls “can now be submitted in court as evidence” - Portugal Resident - 21/05/15

Post  TheTruthWillOut on Thu 21 May 2015, 10:57 pm

kylie wrote:Does this ruling include cases from the past or just new cases?

This sentence:

it could have changed endless police investigations in the past - not least the original Madeleine McCann inquiry

Seems to suggest that the grandfather rule applies? We'll have to wait for details to know for sure.
avatar
TheTruthWillOut

Posts : 1349
Join date : 2014-09-02

Back to top Go down

Re: Historic Ruling by Portugal court -Text messages and calls “can now be submitted in court as evidence” - Portugal Resident - 21/05/15

Post  Andrew on Thu 21 May 2015, 10:58 pm

Just remembered the 'new batch of phones' that DP organised in the aftermath.
avatar
Andrew

Posts : 13087
Join date : 2014-08-29

Back to top Go down

Re: Historic Ruling by Portugal court -Text messages and calls “can now be submitted in court as evidence” - Portugal Resident - 21/05/15

Post  kylie on Thu 21 May 2015, 11:06 pm

TheTruthWillOut wrote:
kylie wrote:Does this ruling include cases from the past or just new cases?

This sentence:

it could have changed endless police investigations in the past - not least the original Madeleine McCann inquiry

Seems to suggest that the grandfather rule applies? We'll have to wait for details to know for sure.

Thank you.
avatar
kylie

Posts : 170
Join date : 2014-11-18
Age : 101

Back to top Go down

Page 1 of 3 1, 2, 3  Next

View previous topic View next topic Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum