High Court Application 7th July/Daily Mail

http://www.dailymail.co.uk/news/article-1028169/McCanns-asked-missing-Maddie-ward-court.html

theres the link.

Thanks for that link Sian. There have been comments left on that article on why the Mccanns are bothering to go to court on the 7th when the judical secrecy laws are to be dropped on the 14th. I have left my comment on the site.

Sian,

I hope you do not mind me bringing this subject over to the main Madeleine section, rather than public blogs, as it is very pertinent news?

I will copy and paste your original post and link forthwith

maccanns go to high court on 7th july
by sian Today at 11:26 am

http://www.dailymail.co.uk/news/article-1028169/McCanns-asked-missing-Maddie-ward-court.html

theres the link

http://www.telegraph.co.uk/news/newstopics/madeleinemccann/2164743/Madeleine-McCann-parents'-court-bid-for-information.html


"The case is listed to be heard in open court on July 7 in the Family Division of the High Court in London, and is expected to be contested by Leicestershire Police, according to legal sources"

......does not seem to be responding, so here is a copy and paste of the article:-

Madeleine McCann: parents' court bid for information
By Gordon Rayner, Chief Reporter
Last Updated: 3:08AM BST 21/06/2008
Kate and Gerry McCann are to ask a High Court judge to order the release of police documents which they hope will kick-start the search for their missing daughter Madeleine, The Daily Telegraph can disclose.

Kate and Gerry McCann are determined to everything necessary to search for their daughter
The McCanns hope their application to Mrs Justice Hogg will result in Leicestershire Police opening their files on scores of reported sightings of Madeleine, most of which have been passed on to them by police in Portugal, where the four-year-old disappeared in May last year.

Until now police in Leicestershire, the McCanns' home county, have refused the couple's requests for information about sightings, saying they are bound by the terms of an agreement with Portuguese police.

But Mr and Mrs McCann, who retain the services of a Spanish-based detective agency, are anxious to make sure that every possible lead has been checked out, which they believe the Portuguese police, whose investigation is gradually being wound down, may not be able to do.

The Telegraph can also disclose that Madeleine was made a ward of court last summer at the request of the McCanns, to empower judges to act in her best interests in any legal dispute such as the case which is about to be heard.

Clarence Mitchell, the McCanns’ spokesman, said: “I can state that on the instigation of Gerry and Kate McCann Madeleine is a ward of the High Court of England and Wales.

“An application has been made on Madeleine’s behalf by her parents for disclosure of certain documents. The hearing is currently scheduled for July 7 in the High Court in London.

“It has been the stated intention of Gerry and Kate McCann to leave no stone unturned in doing everything necessary to search for their daughter, as would any parent.

“This application is just part of their search for Madeleine.”

Madeleine’s status as a ward of court has never been disclosed by her parents, who quietly made a wardship application in the High Court just weeks after she went missing.

The couple’s legal team had advised them to ask for Madeleine to be made a ward of court because wardship status gives the courts certain statutory powers to act on her behalf in legal disputes such as the one which has arisen with Leicestershire police.

They still believe their daughter is alive and hope the police files may contain information which could yet lead to a breakthrough.

The case is listed to be heard in open court on July 7 in the Family Division of the High Court in London, and is expected to be contested by Leicestershire Police, according to legal sources.

Clarence Mitchell, the McCanns' spokesman, said: "Kate and Gerry have always said that they will do whatever is necessary to find Madeleine and that they will leave no stone unturned in their search for their daughter.

"They will take whatever legal steps are necessary if there is information out there that can assist their private investigation into finding Madeleine. Beyond that I cannot make any comment."

Mr Mitchell said the hearing would not involve any attempt by the McCanns to clear their names by proving they were not involved in their daughter's disappearance from a holiday apartment in Praia da Luz. They remain official suspects, or arguidos, in Portugal.

In recent months the couple have become increasingly frustrated at the slow progress of the Portuguese investigation, and they suspect that many possible sightings of Madeleine have not been followed up at all.

If they are given access to the police files on reported sightings, each one will be looked into by private investigators retained by the couple.

For the past year the McCanns have employed Metodo 3, a Barcelona-based detective agency, to carry out an investigation in parallel with the Portuguese police inquiry.

The agency has checked out sightings as far afield as North Africa and South America – all of which have proved to be false – using either its own staff or affiliated firms, which it says it can do far more quickly than the police.

In one instance earlier this year, the agency ruled out a sighting of Madeleine in Chile within three hours of receiving a tip-off, by employing local investigators to track down the girl concerned. The agency argues that police would have taken days to achieve a similar result because they would have been hampered by bureaucracy and official procedure.

Earlier this week Portugal's Attorney General suggested that police files may be opened up at the end of July, but the McCanns fear his comments may prove to be another false dawn.

Their case is being heard in the Family Division because it involves the welfare of a child. Mrs Justice Hogg, a specialist in child welfare cases, is the sister of former cabinet minister Douglas Hogg and the daughter of former Lord Chancellor Lord Hailsham.

This is Proof to me that there has been an awfull lot going on behind the scenes, just as Mrs Healy said ..
Lets hope we are not too far away from a Breakthrough :o


Kate and Gerry McCann will ask a High Court judge to order police to release documents which they hope will help in the search Madeleine.

It emerged last night their missing daughter was made a ward of court last summer at her parents' request so judges could act in her best interests in any legal dispute.
The McCanns have now applied to the court to consider ordering Leicestershire Police to disclose their files on scores of reported sightings of their missing daughter - many of which have been passed on to them by police in Portugal.

The four-year-old disappeared on a family holiday in Praia da Luz last year, sparking a world-wide search.

Until now the McCanns' local police force in the UK has not provided the couple with information about sightings, because they are understood to be bound by an agreement with Portuguese police.

Mr and Mrs McCann, who have retained a Spanish-based detective agency to work on Madeleine's disappearance, want to make sure every possible lead has been followed-up.

They hope the police files will contain information about sightings, or leads which may lead to a breakthrough.

The case will be heard in the High Court on July 7 in the Family Division. However, it is not known if it will be heard in open court because Madeleine is a minor, and has protected status as a ward of court.

Clarence Mitchell, the McCann's spokesman, said: 'It has come to our attention that some details of court proceedings concerning Madeleine have been made public. This is regrettable.'

Still searching: Kate and Gerry McCann

He added: 'At the instigation of Kate and Gerry McCann, Madeleine was made a ward of the High Court of England and Wales.

'An application has been made on Madeleine's behalf by her parents for disclosure of certain documents.

'Kate and Gerry have always said that they will do whatever is necessary to find Madeleine and that they will leave no stone unturned in their search for their daughter.'

The McCanns remain official suspects, or arguidos, in Portugal. They have become frustrated at the slow progress of the Portuguese investigation and they are concerned possible sightings of Madeleine have not been followed up.

If they are given access to the police files details of possible leads could be passed to Metodo 3, the investigators hired by the McCanns, to follow-up.

The couple made an application for Madeleine to be made a ward of court weeks after she went missing on May 3 last year.

They were advised to do this because wardship status gives the courts certain statutory powers to act on her behalf in legal disputes, such as the one that has arisen over the police files.

Earlier this week it emerged the McCanns will finally be told what evidence police have against them next month.

The couple will be given full access to the confidential case files on the disappearance of their daughter Madeleine.

Access to the files will allow the McCanns - desperate to clear their status as 'arguidos' or official suspects - to begin building a defence and demand that they are cleared.

http://www.dailymail.co.uk/news/article-1028169/McCanns-asked-missing-Madeleine-ward-court.html?ITO=1490

I'm really encouraged by this piece of news, as it confirms that so much more has gone on behind the scenes then we are aware of.

It just shows everything Kate & Gerry have done has been done with Madeleines best interests at heart. Lets hope the judge rules that the disclosure of certain documents held by Leicestershire Police are handed over with immediate effect and the search for Madeleine is rejuvenised.

It is my opinion that Madeleine was made a ward of the court to ensure that she would be returned to Britain immediately when she is found. Even early on in the investigation, it would have been known to the McCanns that they may have been charged with neglect or abandonment, and that even if only being investigated, that Madeleine may not be given to them if she was found. By making Madeleine a ward of the court, she must be returned to Britain immediately upon being found, and then her custody would be decided from there. I would also like to add that as with any other case, the child would most likely be given to a relative to care for, while permanent custody is being resolved. Therefore, the likely outcome of making Madeleine a ward of the court is that the Portuguese judicial system, and Child Services would have no say on Madeleine's custody, this could only be decided in a British court of law.

There are probably other benefits, such as the current court case and other actions taken on Madeleine's behalf, but I suspect that the primary motive is to ensure that Madeleine is not put into care in Portugal, when she is found.

Any comments on this?

Fortunately, the McCanns had the benefit of expert legal advice early on in the case. There was probably a host of reasons behind the rationale of making Madeleine a Ward of Court and it is quite likely imo that this is not the first application that has been made in relation to same. As the WOC was made only three weeks after Madeleines abduction and from memory, the main focus of the investigation was on Robert Murat at the time, I am not sure whether the primary reason at that point was one of custody/repatriation. It may have been a consideration (more so, had the McCanns been charged with neglect/abandonment) but I would have thought that a British subject (a minor at that) in these circumstances, would already be afforded protection within our own and European legal systems. Had Madeleine been recovered, only for the Portuguese Authorities to withhold her thereafter, it would almost be tantamount to the poor child being abducted twice. I do agree though, that by taking out the WOC, it would theoretically (I believe) override any similar applications that could have been made in the Portuguese Courts.

I think it is very likely that another consideration would have been that the Court or Court Appointed Guardian would have the powers to prevent intrusive publicity, in the event that Madeleine was recovered. This too, would have been an important consideration, especially given the huge publicity generated by the family and quiet rightly, aimed at getting Madeleine back. That publicity juggernaut, would have moved into full throttle and still would imo in the event that Madeleine had been or is in the future, recovered.

I am sure there are other protections offered by the process. An obvious financial one, is that Madeleine as a WOC is given full legal protection without the benefit of same having to be funded privately, as I would think legal aid would automatically cover same. In any event, even if it was not envisaged or considered at the time (unlikely imo, as legal experts tend to cover all angles) with the McCanns current arguido status and all that could be implied in relation to same, it is preferrable to proceed on behalf of the child rather than themselves.

Then of course, there is the issue of the hearing scheduled for 7th July. It has been suggested that the McCanns are seeking information from the files of the Leics police, who in turn, have made an undertaking with the Portuguese Authorities about confidentiality of same. It is possible that the application was made prior to the recent announcement that the secrecy order is to be lifted mid July. Having said that, the announcement was not an official one and no date was given. Neither has it been clarified exactly what information the McCanns will have access to even if this does take place. I am wondering whether the McCanns and their advisers are fearful that the case will be shelved, which cannot be in Madeleines interests, which of course, the court is there to protect.

What I have wondered, is whether the court should be asked to consider whether or not, it continues to have jurisdiction over Madeleine. By that, I mean, should the court be seeking to establish whether there exists definite and irrefutable evidence that Madeleine is dead. I appreciate the court has no jurisdiction to consider the actual case and the circumstantial evidence in relation thereto, but due to all the leaks with regard to forensic evidence ie body fluids etc., I think it would be right and just, that the court demand to see this aspect of the same. Should this happen, it would achieve the following:-

a) Give the family confirmation once and for all that there is or is not evidence of their daughters demise (not as a form of disclosure prior to trial, which they would be entitled to in any event and which they clearly have not received, as no charges have been made)

b) In the very like event imo that there is no such evidence, it removes the continued gossip/leaking of slurs in this regard and would have the ability to refocus minds on the more important issue of the continued search for what very well is/could still be a live Madeleine

c) If established that there is no forensic or other stand alone evidence that Madeleine is dead, then I would hope the family would proceed to commence some sort of complaints procedure for a judicial type review of the case and if their arguido status is not removed, a complaint/s of pj and prosecutorial abuses, which imo have been a consistent theme in this disgraceful investigation.

Read this from a link posted elsewhere which led me to the 3A's site. Thought you may be interested to hear a view from Tylersmum, she used to post on the DX, not sure what her qualifications are but see what you think:

Tylersmum said (Saturday, 28th June,2008)

"The barrister who suggested having Madeleine made a ward of court was Michael Nicholls QC who for 5 years was head of the Lord Chancellors Abduction Unit.He would have known that if Madeleine was a missing ward of court the English authorities are obliged to search for her.
On July 7th the McCanns legal team could be asking for details of the sightings on the grounds that they would assist in the search for a missing ward of the English courts.
This is a separate matter from the criminal investigation being conducted by the Portuguese police.They could argue that the duty of the Leicestershire Police to assist the court to find a missing ward is greater than any agreement of confidentiality with the PJ.

As I have stated before I believe that the McCanns overall intention is to find discrepancies between the records of the Leicestershire police and the PJ in order to argue that the PJ have hindered the McCanns chances of a fair trial."

Luz poster answered:

"I am no expert on international law or on EU treaties, but I very much doubt that a home court would rule against an international treaty, unless UK is out of EU and we don't know.
Do you have any idea what it would mean for the future?
If data belonging to a foreign investigation was made available, by the ruling of a British court, to the suspects on that investigation than UK can kiss goodbye to any foreign assistance from any country in the world in the future.

______________

Stop invoking the "fair trial figure" - in Portugal all trials are fair, that figure does not exist (the Mccann have portuguese lawyers and they should know that).


Tylersmum answered:

"Tylersmum said:
It is clear from the pieces quoted (see highlighted parts)that UK law takes precedence.
In view of the fact that Portuguese law may allow disclosure on July 14th it is hard to see how Leicestershire Police could argue that confidentiality was so important as to take precedence over UK law and the needs of a ward of court.

After reading the DM link I am correct in understanding that information on sightings that would have been passed to the PJ have not been made available to the McCanns or the Metado 3? It seems the info is available to the Leicestershire police but they are bound by an agreement with the PJ to withold it as well.

I hope the McCanns are succesful in getting this information and pass it on to other groups to help find Madeleine. If this information proves very positive then the PJ are going to be very embarresed indeed to say the least. I hope it's not too late.

Thats exactly as I understand it too Modnrodder. It would appear they have been kept in the dark and this is why they have raised an appeal. It is purely for information relating to the sightings of their daughter, a completely separate issue to the criminal investigation.

I too hope the court rules in their/Madeleines favour, it is scandalous that these poor parents have not been kept updated with all developments. How do they know what has been followed up and what hasn't. IMO it wouldn't surprise me if they were made Arguidos because of that very reason, it meant they wouldnt be updated and if they are not updated then there are no questions that have to be answered. Just how the PJ like it, answerable to no-one!

First of all, I note with disgust the usual sickly sarcastic level of some of the comments at the bottom of the news page on the link provided. Thank you all for explaining the possible reasons for being made a ward of court, someone was clearly ahead of the game at that point, and it seems as if now the benefits of that decision are about to be made apparent.

Now, I’m very interested in the possible disclosure of information on possible sightings, because to me one of the most significant ones was the one by a French student in the motorway services, with the sighting captured on CCTV. I have personally never doubted that it was, indeed, Madeleine, and I remain very p*ssed that the parents have still not been allowed to see that footage. Remember, the student who made the sighting, and the FIRST French policeman to arrive both saw the footage, and both said that it was very clear, and it showed Madeleine’s eye defect distinctly. So why, then, did the French police fob the parents off with a story that the footage was grainy and indistinct, saying that it was in their opinion not Madeleine? If it was grainy, how could they be so certain? And why did the FIRST policeman say otherwise?

Now, if the parents are successful, and gain access to the information they have asked for, I am hoping that will include access to the CCTV footage. If so, one of two things will happen. Number one, they will see the footage, and confirm, beyond doubt, that it IS Madeleine. The press will then have a storm, with headlines “Maddie is alive!” and suchlike. Number two, the footage will, conveniently ‘disappear’ or be lost. In which case the press will scream “Coverup!” Incompetence and corruption charges will fly around the world’s media, and the PJ will be deep in the doodoo’s. In either case, public support and sympathy for Kate and Gerry will go through the roof, incredible pressure will then be brought on the PJ to lift the arguido status, and they may finally get of their collective fat arses, and do what they should have done from day one, and start looking for Madeleine. I predict a very interesting few weeks ahead.

To Kate & Gerry in their court appeal tomorrow. Lets hope the judge does the right thing and rules in Madeleines favour.

We hope the judge will rule in your favour - you have suffered way too much for too long.

Yup, I certainly wish them all the luck in the world tomorrow.

I too hope that all goes well, and that the application is successful and the information released.

Good luck to Kate and Gerry.

ModNrodder wrote:After reading the DM link I am correct in understanding that information on sightings that would have been passed to the PJ have not been made available to the McCanns or the Metado 3? It seems the info is available to the Leicestershire police but they are bound by an agreement with the PJ to withold it as well.

I hope the McCanns are succesful in getting this information and pass it on to other groups to help find Madeleine. If this information proves very positive then the PJ are going to be very embarresed indeed to say the least. I hope it's not too late.

Here here so do I.

Good Luck Kate and Gerry, I will be thinking of you and I hope you get the ruling in your favour.

Rosie x

This has been long awaited and Soooo Overdue !!
Praying for the Best News Ever !!
Good Luck K & G xx

it was always going to be the case the files would be passed over,the courts will always rule in the best intrest of the child. :D

I can't help wonder if they have come across anything of significance in the 81 pieces of prime information that have been given to the McCann's by Leicestershire police?

Rosie, I do hope so! As Gerry said, from their own private investigation they have little bits of the jigsaw and huge gaps. Lets hope somewhere within these 81 pieces of information there is that vital lead. Personally, I believe the breakthrough they need, lies within the PJ files, I'm convinced of it which is why it is paramount these files are handed over too.