E:'Looking back at the McCann Case - A Duty of Care:
Criminal Negligence, Bad Parenting or Just Naïve?'
By Joana Morais
Yes, the death of Madeleine is negligence. Wilfull negligence.
About Joana Morais. I found her blog to be an excellent source
of information, and reasoned thought about what happened to
Madeleine McCann.
When I visited Ireland sometime after she went missing I believed with
my heart that something happened to her and that the parents knew. I did
not believe that she was abducted.
What struck me most was the look on Kate's face. I thought that it was
a mix of guilt, and remorse, but guilt is what struck me. Gerry was and is
a 'pit bull' as it were. I could understand parents saying that their daughter
was abducted if they came home and the child was gone.
A child can also just go off by themselves. But, what is known is that
someone died in Apartment 5A. The proof of that was provided by two
Springer Spaniels, Eddie and Keela, crime specialist in their own right.
Eddie is an EVRD (Enhanced Victim Recovery Dog), trained to detect human
cadaver odour, and he detected it in apartment 5A where the McCanns had been
staying.
Keela, is ' a scenes of crime specialist.' She can detect blood particles
even at a crime scene even if the place has been scrubbed with chemicals; even
microscopic particles unseen by the human eye.
1.(Madeleine
McCann: L'Enquête Interdite - The Forbidden Investigation -
Chapter 16
after Madeleine disappeared.
The dogs went wild when coming into contact with some of Kate's clothing,
and Madeleines stuffed toy. Why did Kate feel it necessary to wash the toy?
Was it to get blood or other evidence out and down the drain?
That can never be done completely and successfully.
The dogs went wild when sniffing the rental car that the McCanns rented weeks
after Madeleine disappeared. Why was there evidence of her in the car weeks
after her disappearance? Was her body being transported someplace?
I believe the hypothesis put forward by Gonçalo Amara, the coordinator of the
Portuguese investigation, that Madeleine probably died of an accident falling
behind the couch whilst the parents were dining.
The facts are that in their statements they lied to investigators. They claimed that
they could see the door that was at the back of the apartment; a stupid thing to
claim.
The biggest problem that Madeleine's death would raise for the parents outside of
the overwhelming shock and grief was the reality that they, and their friends had
been neglectful in leaving their children alone, and at the distance of one football
pitch from the restaurant where they were dining, and enjoying a fair amount of
wine (about 8 bottles between 9 people) is the possibility of being charged with
neglect.
My thoughts? It is neglectful, but the McCanns apparently have friends in high
places which have helped them avoid what any ordinary couple would face: charges
of child neglect. Even after being a counselor I filed charges against neighbours
for both neglect and abuse, and for less. But, I was a mandated reporter, and would
do the same today!
Fiona Payne claimed to have had a 'Baby Monitoring' system; a device place
at the doors of her sleeping children that would ring loud 100 yards away
at the Tapas bar. What good is that if there is a child molester, or abductor
near the house. It's a false sense of scurity.
To leave one's children alone and go off to a restaurant to dine and drink,
hell even for a take away coffee is negligent. Young children need to be
watched and monitored. When, my children were young I would never
imagine leaving them alone.
I once went into my son's bedroom and caught him climbing out of his
crib. That's why I wen t to check to make sure he was okay. When I
saw him and lifted him up I knew that I would need to check more
because what I feared was him pulling the crib over on himself by
accident.
It also happened with my daughter, but by then I was keen to it.
Imagine if I was 100 yards away as the McCanns were. It is neglect.
When a child dies in such a situation it is a terrible tragedy, but legally
it is also criminal neglect. Think about how many times you've read, or
heard about a parent being charged for not watching their children
properly, and if there was a death neglect was certainly charged.
Questions: Why, after Madeleine was allegedly abducted did Kate
leave the twins alone and go to the Tapas Bar to tell the others.
No parent of sound mind would do that.
For Gerry and Kate, having their daughter die whilst they dined at a
restaurant meant facing charges 'wilful neglect'. Neglect of children is
also considered a form of child abuse.
'Child neglect1 is the most common form of child
abuse in the UK today2,
and the most common reason for a child protection
referral across the UK.3
For some children, neglect is so profound that they
starve to death or die
because of accidents associated with lack of
supervision.' From:
('The criminal law and child neglect: - an independent analysis and proposal
for reform' By Laura Hoyano of - Action for Children).
In the forward to the report Baroness Elizabeth Butler-Sloss,
Former President of the Family
Division of the High Court and
Chair of the Cleveland child abuse inquiry points out the fact that
'Child
neglect is a deep-rooted and extremely
damaging form of
child abuse. It
is a problem which requires a multi-faceted response
in policy and practice across a range
of agencies.'
The results of neglect as documented by 'Serious Case Reviews (SCR)
substantiates that neglect can and does lead to death in some cases.
Faced with losing the twins, and having them put into care, facing charges,
even possibly jail, though judges are more lenient on high professionals
like heart surgeons, and almost certainly the stripping of their medical
qualifications I believe that what the McCanns did is to fabricate a story
of an abduction.
Jane Tanner provided the needed bit by stating she saw the abductor.In
doing so she directed the police attention in the opposite direction from
where Gerry McCann walked with the body of Madeleine.
The McCann's helped to conceal a body, and fabricate a story of abduction.
Jane Tanner and any else who lied also impeded a police investigation, and
obstructed justice.
In his book on the investigation of Madeleine McCann 'The Truth of the Lie'
Gonçalo Amara said 'A body speaks'. And, if they find the body the truth will speak.I believe that Kate and Gerry should be treated with compassion and humanity
even if they face criminal charges because if it was an accident the burden
they will bear for a mistake is life-long. But, it is justice for Madeleine McCann
that must be at the centre.
References.
1 As
defined by HM Government, ‘Neglect is the persistent failure to meet
a child’s
basic physical and/or psychological needs, likely to result in the
serious
impairment of the child’s health or development.’ See HM Government,
Working
Together to Safeguard Children: A guide to inter-agency working to
safeguard
and promote the welfare of children, (HM Government, London 2010).
2 NSPCC
Statistics on child neglect June 2012,
http://www.nspcc.org.uk/Inform/resourcesforprofessionals/neglect/statistics_wda89685.html.
3 C.
Burgess, B. Daniel, J. Scott et al., The state of child neglect in the UK: an
annual review by Action for Children in partnership with the University of
Stirling (Action for Children, 2013)
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