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Processos Vol XVI
Pages 4257-4259
From The Public Prosecutor’s Office
Portimão Circuit
Conclusion on 2-5-2008
The reconstruction of the events is an act foreseen in Portuguese Law (article nº 150 of the Penal Process Code, the transcription follows this communication and forms an integral part of it) consisting of the reproduction, as faithful as possible, of the conditions under which the events or supposed events took place and of its repetition.
The re-enactment has a very particular nature in the present process files as it aims to reconstruct events that occurred almost a year ago, aiming to achieve an approximation of the conditions that occurred and, on the other hand, not under estimating the inconvenience represented by the travelling of a group of citizens to Portugal, in spite of this representing a mark of solidarity amongst friends as well as a particularly painful and difficult situation amongst friends.
Although this is considered to be a very important diligence for the investigation, it will only take place if the witnesses indicated below are present, taking into account that the arguidos have already manifested their availability to participate in the reconstruction.
The objective is that all the participants (the arguidos Gerald McCann and Kate Healy, the witnesses who on 3rd May 2007 were dining in the Tapas Restaurant and would leave to check whether their children were sleeping in their respective apartments, as well as another witness who spoke to the aguido Gerald) repeat what they did that day, as faithfully as their memory allows them to, in order to check what was said in the statements in the process files, enabling conclusions to be made about how things took place at the scene and thereby make adjustments to enable the investigation evaluate the need for any additional procedure.
The reconstruction in which the persons referred to previously would participate, as well as incidentally any other protagonist whose presence may be necessary in order to visualise the events, would take place between 17.30 and 23.00 on the 15th, being the day destined for formalising all diligences, this being the date previously combined and of which all participants were informed, which is not susceptible to change given the circumstances of time and place in which this would occur.
The reconstruction would take place in the space of the Tapas restaurant, the apartments blocks where the events occurred and surrounding areas, done by the PJ with recourse to filming and with the collaboration of all police entities that the PJ summons for collaboration.
The notification of the arguidos Gerald and Kate will be done through their legal representatives and that of the witnesses, David Anthony Payne, Fiona Payne, Dianne Webster, Russel O’ Brien, Jane Tanner, Matthew Oldfield, Rachel Mampilly and Jeremy Wilkins will be done through collaboration with the UK police upon request from the PJ, copy of this communication should be delivered regarding the reconstruction to each of the participants.
Please prepare accordingly.
Annex: transcription of article 150ª of the CPP:
Of the Reconstruction of Events
Article 150ª
Presumptions and Proceedings
1. When it is necessary to determine if an event could have happened in a certain manner, it is admissible to proceed to its reconstruction. This consists of a reproduction, as faithful as possible, of the conditions in which the event was reported or supposedly occurred and of the repetition of the way in which this occurred.
2. The office that orders the reconstruction of events should have a succinct indication of its objective, the day, time and place in which the diligences would take place and the form of their effectiveness, eventually with recourse to audio-visual means. The same office can be designated as the evaluator for the execution of determined operations.
3. Publicity of the diligence should, as far as possible, be avoided.
Remitted to the process files and to Mmo JIC: as a result of communication dated 14-1-2008 (page 3835) the period for the inquiry began with the entry into force of the reform to the CPP, in other words on 15-9-2007, therefore this period is of 8 months as foreseen in article 276ª nº 1 of the CPP, meanwhile the investigation continues with various other diligences, now with the compliance of the Letter of Request sent to the UK authorities and with the reconstruction that will take place this month, which renders unviable the presentation of the final archiving or accusation despatch. Lastly, but not less importantly the progress of the investigation inquiries demands that access to the process files be postponed for a period of 3 months, to be determined in the terms laid down in article 89ª nº of the CPP.
(Doc linked in TOC)
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