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With
Portugal being in the world media spot light at the moment due
to the alleged abduction of Maddie
McCann there has been a great deal made of the ‘Secrets of
Justice’ that operates in Portugal.
Basically it means that once an issue is in the Justice system
then all information surrounding the issue can not be divulged
to anyone outside the process.
With
regard to a criminal investigation this means that the law
enforcement agency carrying out the investigation can not give
any information out to the media. This includes the name of
any person they may wish to interview or any aspect of their
enquiry. They can not say what is happening to forensic
examinations or the result of them. If they take someone into
custody they will not give any information out as to the
identity of that person.
In
the present situation in the McCann investigation, this lack
of information to the press is causing them, the press, to
speculate what is happening with the investigation.
The
main reason for this secrecy is to protect the investigation,
so no information can get out to any person who may be
involved with the crime. Another reason is to protect the
identity of anyone that is suspected or eventually charged
with an offence. There details are released at a later date if
and when they are found guilty.
This
secrecy also includes civil cases. Although the parties
involved in a litigation are named at the outset, once the
papers are in the court obtaining further information can be
frustrating of an investigator.
We
know that A is suing B for 5000 euros. What we can not find
out is what it was for, and when it is likely to come to
trail. The legal process is so slow, a simple suing for non
payment can take a few years to be finalised.
It can then be almost impossible to ascertain what the
outcome was without making contact with the plaintiff.
The present
situation is certainly frustrating the foreign press, that are
camped out in Praia Da Luz, the town that Maddie has
disappeared from. This lack of information is certainly new to
them and they do not like it.
I
am sure that many Law agencies throughout the world would
welcome this situation in their own countries, as we all know
there has been many an investigation ruined by press
involvement or printing information that investigating
officers would prefer to keep out of the public domain.
In
reality in Portugal if the press find information that is
martial to the investigation they should pass it to the
police, once this has been done it is then subject to the
secrecy laws
Roy
Whitehouse, CFE, CII.
WIS
International.
www.wis-int.com
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