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Libel trial-A. Guedes (Pamalam)-"McCann v G.Amaral - Final speeches 10/12/2014"+ updated 21/01/2015 with the juge's replies to the 37 questions. ( Astro)-+ Anne Guedes report ( Pamalam)

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Libel trial-A. Guedes (Pamalam)-"McCann v G.Amaral - Final speeches 10/12/2014"+ updated 21/01/2015 with the juge's replies to the 37 questions. ( Astro)-+ Anne Guedes report ( Pamalam)

Post  frencheuropean on Sun 14 Dec - 7:34

Many thanks again to Anne and Pamalam
.........................................................................................................................................................................

http://www.gerrymccannsblogs.co.uk/Defence_10_12_2014.htm


Libel trial McCann v Goncalo Amaral - Day 13 – Final defence speeches 10 December 2014

HOMEPAGE ANNE GUEDES PHOTOGRAPHS
This report was written and authorised by Anne Guedes to be hosted by Pamalam

Original Source: Anne Guedes

Libel trial McCann v Goncalo Amaral - Day 13 – Final defence speeches

The hearing as it happened


(10.12.2014, 12:15 pm)  



a) The lawyer for Goncalo Amaral,  Dr Miguel Cruz Rodrigues



MCR first says that he will limit his speech to the essential matter.

He speaks hammering the table once in a while with a marker. In the other hand he holds notes but he hardly looks at them.
He gets effectively straight to the point by saying that this action is in fact the way the McCanns have found to allow themselves to feel free from their guilt concerning the disappearance of their daughter due to neglect.



MCR underlines an indirect lack of coordination with the police entities since the companions of the McCanns didn't go to Portugal to take part in the reconstitution* requested by the prosecutor, an attitude that they knew would result in the shelving of the case.



Referring to the AG report, he observes that the claimants complied with its terms, instead of protesting as the report suggests they could or should have done.



The McCanns spoke of their state of mind being destroyed ; they mentioned anxiety, lack of appetite, sleep deprivation and feeling bad. However it seems impossible to prove whether this was due to the book or to the inevitable feeling of guilt concerning their own behaviour, lack of vigilance and limited collaboration with the police authorities.

And nothing more was said.  

* I purposely do not translate the Portuguese "reconstituicão" with the British "reconstruction", because those two processes have neither the same principle (real protagonists vs actors) nor the same objective (seizing reality vs jogging memories).
b) The lawyer for Guerra&Paz, Dra Fatima de Oliveira Esteves

She first admires the judge's patience and pays her respects to her colleagues. She then greets the journalists (there's only a British one, with a translator, in the court room) while noting that whenever the claimants are present the room is full whereas when they're not, like to-day, the room is deserted, inferring from this that the defendant Goncalo Amaral is of no importance.

FOE speaks also with her arms, one hand holding notes that she hardly consults.
In the perspective of what the claimants intend with this action, she thinks that a story has to be told in a few sentences : four couples go on holiday with their little children. At night they have dinner close by and leave the children on their own in their bedrooms, sleeping. One disappears... The children were alone.

FOE recalls that every time any child disappears, that child's parents are suspected.



She stresses that the McCann facts were widely spread and published. It was the news (about the case), and not Goncalo Amaral, who shaped the image of the parents in the MSM.


Here Dra Fatima Esteves holds up GA's book while thumbing the pages and asks the audience to look at its size and thickness. There's irony in her voice when she turns towards GA, who is sitting at the bottom of the bench, next to his lawyer and asks..
All this product of your imagination written within 24 hours, Goncalo Amaral ? Congratulations !



FOE observes that the statements of the claimant's witnesses have been very vague. Two of these witnesses have been invited by Dra Isabel Duarte to hand in a written statement after their respective hearings (the judge initially rejected those statements, but an appeal was made and won).

About the first of these statements, Alan Pike's, FOE remarks that he provided a psychological support because of the disappearance of the child and not because of GA's book. But later Alan Pike was contacted when the McCanns were made arguidos and less than two days after they had left Portugal.

According to AP, the effects of a secondary trauma can be the worst, but, FOE wonders, how can it  be measured and compared to a primary trauma ?

When, in the other written statement, David Trickey says that the situation is potentially traumatic for the  McCann twins, he clearly means the disappearance of their sister, not the existence of the book. Therefore their well being depends on their parents, not on Goncalo Amaral. However DT concludes "because of the publication of the book", after having listed all the known traumas related to the disappearance of a sibling. But the trauma was not because of the book.

GA cannot be blamed for the aberrations of the newspapers.



FOE thinks that the financial aspect is central in this action and starts answering some of the claimant speech's points.



She understands that the feeling of guilt, the status of arguido and the media pressure didn't make the life of the McCanns comfortable.

But it was not the fault of Goncalo Amaral.


FOE then observes that the interference of the UK police went over acceptable limits. Every time something was requested, the UK police intervened.



About the McCann twins, If the claimants didn't want them to hear about GA's book, they should not have launched the present action. GA is being persecuted because he dared to think that the parents could have something to do with the crime. This lies at the heart of this case.



FOE refers to the fact that the case was shelved because the reconstitution (see note above) was made impossible. Now the case was only reopened due to alleged new evidence. But the public interest has dwindled and actually the claimants never asked for the reopening of the criminal investigation.



What about the Met investigation ? One witness (JT) points to the guilt of Robert M, the little girl is buried somewhere but where ? Excavations and new interviews are scheduled...


It's normal to want to write about a case, the secrecy of justice isn't in question.


Finally Dra Fatima Esteves reports that, as the claimants requested the extracts of GA's accounts, Guerra&Paz, who provided the documents, reacted requesting the extracts of Madeleine's Fund. Though the answer wasn't negative, they desisted because what really matters for Guerra&Paz is the truth.

And so it ended.



c) The lawyer for TVI, Dr Miguel Coroadinha



As Dra Fatima Esteves also did, Dr Miguel Coroadinha thanks the judge for the exemplary way she lead this action. Like her, he opens his arms when speaking and his voice's intonation is benignant. He has no visible notes.



He first observes that, on the day before (Tuesday 9th), the Red Tops' first pages were again about the McCanns, not about this trial, but about the Algarve, the Met and the new suspects. Therefore one has to infer that the case is still high on the agenda.


Unlike most cases, the media interest has not decreased, perhaps because of the mystery, the lack of evidence on either side.


But one has to admit that if the investigation was criticised and campaigns of information or disinformation were launched, it came from the claimants. There is no memory of a case of the disappearance of a child that has remained in the news for so long. If this case deserves to be studied, it is at least for that reason.


When Goncalo Amaral's book was published, after the investigation was closed, it boosted the public attention because for the first time a thesis different from the abduction was proposed to the public.


MC remarks that numbers have to be taken with a pinch of salt. Telling the court that "millions of spectators" watched the documentary isn't accurate. "2 million" is just the top of the curve. Millions of people were in contact with the program, having put it on with the intention of watching it, but the curve shows that they didn't see it entirely.



People have a legitimate curiosity for certain things and TVI followed that, intending to offer different perspectives about the McCann case. This is why TVI wished to broadcast both McCanns' documentary (directed by Emma Loach) and by A verdade da mentira inspired documentary. He recalls that McCanns decried the formal contract signed with TVI when they discovered that TVI had programmed GA's documentary. Hence they opted for SIC.


Attention to the case went on, investigations did too. Regarding the damages, it is difficult to distinguish the pain due to the disappearance of a child and the pain due to the thesis of the book.



The Expresso interview of the McCanns, published on the 6th of September 2008, shows how much they were conditioned by journalism :

-         Expresso – Did you read The Truth of the Lie, the book that GA wrote ?

-         Both McCanns –  No.

-         KMC –  Why would I ?

-         GMC – I won't learn anything from reading it.

-         Expresso – It was a success in Portugal.

-         GMC – Was it ? How many copies did it sell ?

-         Expresso – Approximately 200 thousand...

-         GMC – That is what can be called illicit enrichment.

At that time the McCanns didn't highlight the book.



Only later did they understand what the book suggested : a fact that was the main mistake of this particular criminal investigation (but no atonement here). That fact was omitting to inquire about the parents after 24 hours, as Moita Flores underlined in his statement.


MC observes (a laugh in his voice) that it can't be denied that there was a certain subservience in the relations with the UK police.



MC criticises the inclusion in the process of Alan Pike's and David Trickey's written 'complementary' statements, observing that those witnesses are close to the claimants, without the necessary distance for a contradictory debate. According to MC, these written reports should be discredited. (they were deposited last January but rejected by the judge as was the request of both McCanns to take the stand, an appeal was filed and won at the High Court  for the three requests, a detail that partly explains why this trial  was postponed for so many months).



Dr Miguel Coroadinho finally suggests that the wish of the McCanns is that no story other than theirs remains in people's minds. But democracy is vigilant and does not allow that. No unique and exclusive version of the McCann case will make history. 7 years distance is sufficient time for GA's book to be part of it.  

And he said nothing else



d) The lawyer for VCFilmes, Dr. Henrique Costa Pinto

Dr Henrique Costa Pinto also starts by thanking the judge and his colleagues. Unlike the claimant lawyer, once he begins speaking he doesn't refer to notes. His voice has an all round casual intonation.



He observes that the project was only to produce a documentary's version with subtitles. Regarding the number of unsold copies among the sold ones, those that had not been invoiced are the copies that remained. Destroying them had a cost. Regarding the providencia cautelar (summons for urgent proceedings), he mentions the existence of a pirate version that had  damaged the figures.



Goncalo Amaral was entitled to receive 10% of copy rights, but it was calculated after (and not before) discounting the production costs).



HCP says that in his exhaustive analysis of the GA's book about the McCann investigation, Dr Ricardo Correia Afonso insists that its conclusion is linked to the events of September 2007, leading to the arguido status being put on the McCanns. There's also the issue of why the case was shelved, an issue that is linked to the lack of collaboration of the claimants' companions which caused damage to their 'friends'.

Here HCP refers to a passage of the AG report :

Temos para nos que os principais prejudicados foram os arguidos McCann, que perderam a possibilidade de comprovarem aquilo que desde a sua constituicão como arguidos têm protestado : a sua inocência face ao fatídico acontecimento ; também estorvada restou a investigacão, porque tais factos ficaram por esclarecer.


'We believe that the main damage was caused to the formal suspects (arguidos) McCann, who lost the possibility to confirm with proof what they have protested since they were constituted formal suspects : their innocence towards the fateful event; the investigation was also disturbed, because such facts needed elucidation and remained deprived of it.'


HPC reminds also that, according to the AG Report, the death of the child was the more likely hypothesis.


(…) não foi conseguido qualquer elemento de prova que permita a um homem médio, à luz dos critérios da lógica, da normalidade e das regras gerais da experiência... enunciar sequer um prognostico consistente sobre o seu destino e inclusivamente – o mais dramático – apurar se ainda está viva ou se está morta, como parece mais provável.




'(…) it was not possible to obtain any piece of evidence that would allow for an average man, in the light of the criteria of logics, normality and general rules of experience... even to produce a consistent prognosis about her (the child's) destiny and inclusively - the most dramatic - to establish whether she is still alive or if she is dead, as seems more likely.'



The book and the documentary, HPC remarks, reflect what is said at the end of the documentary :



O mistério persiste, o ex-inspector acredita que um dia se saberá a verdade. Por enquanto só sabemos que no dia 3 de Maio de 2007 Madeleine McCann desapareceu na Praia da Luz. Tinha 3 anos de idade e era um crianca feliz.




'The mystery persists. The former inspector believes that some day the truth will be known. For the time being all we know is that, on the 3rd of May 2007, Madeleine McCann disappeared in Praia da Luz. She was 3 years old and she was a happy child.'



As they didn't provide the evidence requested by the Public Ministry, Dr Henrique Costa Pinto notes, the claimants grew irritated with the publications.

And that's how this hearing ended.



Not really...

Considering the time needed for the volume of informations to be digitalised, the judge asks the lawyers whether the 21st of Janeiro 2015 would suit them for the next session, one in which she will let them know what she'll retain as "matéria de prova" (matter that can be used as evidence) within the limits fixed for this trial.



Thanks to Astro (who translated the AG report) and Ima, we were three "people" at that hearing.

My gratefulness to Lyall, CPN and SP who help me to think against myself.


Last edited by frencheuropean on Sun 25 Jan - 11:30; edited 2 times in total

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Re: Libel trial-A. Guedes (Pamalam)-"McCann v G.Amaral - Final speeches 10/12/2014"+ updated 21/01/2015 with the juge's replies to the 37 questions. ( Astro)-+ Anne Guedes report ( Pamalam)

Post  frencheuropean on Sun 14 Dec - 15:01

There were apparently very few journalists in the courtroom and only one to write a report on it in a very biased way : Tom Worden for Mail online. For example he wrote:

T.Worden : "Fatima de Oliveira Esteves, representing publisher Guerra e Paz, admitted that Mr Amaral 'appeared to have invented' much of the book".

The meaning of the sentence in its context was very different and thanks to Anne, we can correct this lie by omission ( deliberate or not):

A.Guedes :"Here Dra Fatima Esteves holds up GA's book while thumbing the pages and asks the audience to look at its size and thickness. There's irony in her voice when she turns towards GA, who is sitting at the bottom of the bench, next to his lawyer and asks..
All this product of your imagination written within 24 hours, Goncalo Amaral ? Congratulations !



(http://www.dailymail.co.uk/news/article-2868798/Former-Madeleine-McCann-police-chief-earned-hundreds-thousands-writing-distortions-conspiracy-theories-book-case.html

Former Madeleine McCann police chief ‘earned hundreds of thousands from writing distortions and conspiracy theories’ in book about case
Ex officer 'earned £344k' from book and TV show about the Madeleine case
Goncalo Amaral, 56, wrote 'lies' about the case, a Lisbon court heard
McCanns are suing Mr Amaral for £1m over his book The Truth Of The Lie
By TOM WORDEN FOR MAILONLINE
PUBLISHED: 17:25 GMT, 10 December 2014 | UPDATED: 18:23 GMT, 10 December 2014)

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Re: Libel trial-A. Guedes (Pamalam)-"McCann v G.Amaral - Final speeches 10/12/2014"+ updated 21/01/2015 with the juge's replies to the 37 questions. ( Astro)-+ Anne Guedes report ( Pamalam)

Post  interested on Mon 19 Jan - 17:02

Is Wednesday, January 21 the next court date for the damage trial?

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Re: Libel trial-A. Guedes (Pamalam)-"McCann v G.Amaral - Final speeches 10/12/2014"+ updated 21/01/2015 with the juge's replies to the 37 questions. ( Astro)-+ Anne Guedes report ( Pamalam)

Post  interested on Wed 21 Jan - 0:27

I have to wonder if the DM article regarding Debbie Butler is meant to divert attention from the proceedings in Portugal on Wenesday.

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Re: Libel trial-A. Guedes (Pamalam)-"McCann v G.Amaral - Final speeches 10/12/2014"+ updated 21/01/2015 with the juge's replies to the 37 questions. ( Astro)-+ Anne Guedes report ( Pamalam)

Post  Krisy22 on Wed 21 Jan - 9:32

JuA Message From Gonçalo Amaral, 21 July 2014

 
A Message From Gonçalo Amaral PJGA

Gonçalo Amaral

21 Jul 2014

Dear friends,

Upon reading the news about the most recent trial session, I am certain that the vast majority of journalists don't know what is being discussed in court, and have not reported correctly.

Let us be clear. What is at stake is to find out:

- Whether the writing of my book "Maddie: A Verdade da Mentira" was a lawful or unlawful action;

- Whether or not the plaintiffs have suffered damages and whether or not there are facts to prove it;

- Whether or not it is possible to establish a causal nexus between the book and such damages.

This is what is at stake.

Concerning the book's lawfulness, I suggest to anyone who has doubts to read the Lisbon Appellate Court's decision within the injunction that preceded the current action. The truth is that for the Appellate Court's Illustrious Judges, as can be concluded from that decision, the lawfulness of the book's publication is indisputable.

With proof of the lawfulness of the book, the matter should rest here, without the need to investigate anything further, namely concerning the damages that the plaintiffs complain about.

Nonetheless, we should note that even if the lawfulness may still be at stake, there is still the need to establish a causal nexus between the publication and the damages that the plaintiffs complain about, such as deep depression, social isolation, etc. And, of course, to prove that said damages, no matter where they originate from, really exist.

Concerning the social part, it seems obvious to me, if we pay attention to the countless social events that the plaintiffs have participated in, including speeches at the British Parliament, interviews on television shows like Oprah Winfrey's, gala dinners with illustrious personalities, namely British, among others, that said social isolation is totally false.

Concerning the depressions, although they are in no way proved within the case, in my opinion, in fact it would be very strange if they didn't exist. The disappearance of a daughter, whether she is dead or alive, whether or not she was abducted, has to originate enormous consequences of that kind. How strange would it be if that wasn't the case! But about this issue I won't say anything further, given that the plaintiffs seem to attribute to me and my book all of their pain, as if said disappearance, followed by their arguido status and other circumstances that surround the case, were of no importance, or weren't more than enough!

Unfortunately, due to clearly dilatory manoeuvres from the plaintiffs, that have once more forced a postponement of the hearing, I am afraid that the trial will drag on – as they clearly wish - and we won't have a sentence soon, as I wish would happen, and as I long for. Furthermore, the judicial holidays have already started and, as the Illustrious Judge explained, with the new judiciary organisation coming into force on the 1st of September, the process' slowness will be considerably increased.

However, my trust in Portuguese justice remains steadfast.

All that is left for me is to recognise and thank you for all the support that I have received, from all those that believe in justice and in truth, without which it would have been impossible for me to fight this lawsuit. Or to lead me to ponder, as I do, to file a lawsuit against the McCann couple and others, in order to be compensated for the enormous damages that they have caused me already, on all levels, such as moral, professional and financial.

The time to judicially react to all those who have put my privacy, my intimacy, my freedom of expression and opinion, and my survival conditions at stake is approaching.

They have tried to assassinate me civilly, but due to the support and solidarity of all of you, they were not successful.

Thank you very much,

Lisboa July 21st, 2014



Just a reminder.

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Re: Libel trial-A. Guedes (Pamalam)-"McCann v G.Amaral - Final speeches 10/12/2014"+ updated 21/01/2015 with the juge's replies to the 37 questions. ( Astro)-+ Anne Guedes report ( Pamalam)

Post  Guest on Wed 21 Jan - 10:14

interested wrote:I have to wonder if the DM article regarding Debbie Butler is meant to divert attention from the proceedings in Portugal on Wenesday.

maybe maybe not but you have to see the irony.

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Re: Libel trial-A. Guedes (Pamalam)-"McCann v G.Amaral - Final speeches 10/12/2014"+ updated 21/01/2015 with the juge's replies to the 37 questions. ( Astro)-+ Anne Guedes report ( Pamalam)

Post  frencheuropean on Wed 21 Jan - 12:05

http://theportugalnews.com/news/lisbon-court-to-outline-facts-proven-in-mccann-defamation-case/33737

"Home » News » Lisbon court to outline facts proven in McCann defamation case
Lisbon court to outline facts proven in McCann defamation case
BY TPN/ LUSA, IN NEWS · 21-01-2015 11:03:00 · 0 COMMENTS
A Lisbon court is on Wednesday to reveal the facts seen as proved in a civil case in which the parents of Madeleine McCann, are suing the former police inspector who initially oversaw the investigation into the then three-year-old's disappearance from a holiday apartment in the Algarve in May 2007.

Lisbon court to outline facts proven in McCann defamation case

The judge, Emília Melo e Castro, is to announce what facts will be considered by her in reaching her verdict, which is to be announced later.

In the case, Kate and Gerry McCann and their three children are seeking €1.2 million in compensation from the former inspector, Gonçalo Amaral, for allegedly defaming them and violating their rights and freedoms in publishing a book about Madeleine's disappearance in which he concludes that she died in the apartment.

The family is also suing Amaral's publisher, the producer of a film based on the book, and the television company that broadcast it.

The case has dragged on for more than five years, with several postponements and an attempt to settle out of court that was not successful."


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Re: Libel trial-A. Guedes (Pamalam)-"McCann v G.Amaral - Final speeches 10/12/2014"+ updated 21/01/2015 with the juge's replies to the 37 questions. ( Astro)-+ Anne Guedes report ( Pamalam)

Post  princess_leia on Wed 21 Jan - 16:52

Just seen a post from Joana Morais on Facebook

Court accepts as proven damages caused by Gonçalo Amaral's book to Kate and Gerry McCann
I don't know if it's allowed to post the rest of it or not.

But this is bad news. I feel so bad for Goncalo Amaral.

Apparently he can appeal which I'm sure he will do.

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Re: Libel trial-A. Guedes (Pamalam)-"McCann v G.Amaral - Final speeches 10/12/2014"+ updated 21/01/2015 with the juge's replies to the 37 questions. ( Astro)-+ Anne Guedes report ( Pamalam)

Post  frencheuropean on Wed 21 Jan - 17:21

? Apparently a lot of facts were "not proved" so I would rather be optimistic. Astro is writting a summary to be posted when it's completed. And the juge will give her decision in about 2 months time.

Add:" Not one journalist in court today. Text was handed out to lawyers. Nothing else, nobody else" (= Astro + Anne Guesde)

There were 37 replies. Some with figurs will be summarized at the end.


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Post  frencheuropean on Wed 21 Jan - 17:31

Here, thanks to Astro and TMCF: ( to be continued)

http://themaddiecasefiles.com/topic24300.html


among them:

11. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, the Polícia Judiciária stopped collecting information and investigating the disappearance of Madeleine MacCann?

Not proved.

12. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate MacCann and Gerald MacCann are completely destroyed, from a moral, social, ethical, sentimental, family point of view, much beyond the pain that their daughter’s absence causes them?

Not proved.



Last edited by frencheuropean on Wed 21 Jan - 18:16; edited 1 time in total

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Post  interested on Wed 21 Jan - 18:14

Some facts "not proved" others "proved". I am at a loss as to whether or not this is a loss for Mr. Amaral.

"No Gloating?" Blacksmith's Wednesday's article at blacksmithbureau.blogspot.com

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Re: Libel trial-A. Guedes (Pamalam)-"McCann v G.Amaral - Final speeches 10/12/2014"+ updated 21/01/2015 with the juge's replies to the 37 questions. ( Astro)-+ Anne Guedes report ( Pamalam)

Post  frencheuropean on Wed 21 Jan - 18:21

I repeat

37 replies to questions ( proved or not proved)

You find the summary of the document given to the lawyers following this lin. Astro is making the summary wich is not complet yet.

Here, thanks to Astro and TMCF: ( to be continued)

http://themaddiecasefiles.com/topic24300.html


among them:

11. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, the Polícia Judiciária stopped collecting information and investigating the disappearance of Madeleine MacCann?

Not proved.

12. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate MacCann and Gerald MacCann are completely destroyed, from a moral, social, ethical, sentimental, family point of view, much beyond the pain that their daughter’s absence causes them?

Not proved.

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Post  jassi on Wed 21 Jan - 18:23

The use of 'proved' is a bit confusing and might sometime be interpreted as 'established' - eg his earnings for the book.

Proved doesn't necessarily  mean in ' found in favour of the McCanns'.

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Re: Libel trial-A. Guedes (Pamalam)-"McCann v G.Amaral - Final speeches 10/12/2014"+ updated 21/01/2015 with the juge's replies to the 37 questions. ( Astro)-+ Anne Guedes report ( Pamalam)

Post  Guest on Wed 21 Jan - 18:30

frencheuropean wrote:Here, thanks to Astro and TMCF: ( to be continued)

http://themaddiecasefiles.com/topic24300.html


among them:

11. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, the Polícia Judiciária stopped collecting information and investigating the disappearance of Madeleine MacCann?

Not proved.

12. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate MacCann and Gerald MacCann are completely destroyed, from a moral, social, ethical, sentimental, family point of view, much beyond the pain that their daughter’s absence causes them?

Not proved.


both the basis of the lawsuit i believe.


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Re: Libel trial-A. Guedes (Pamalam)-"McCann v G.Amaral - Final speeches 10/12/2014"+ updated 21/01/2015 with the juge's replies to the 37 questions. ( Astro)-+ Anne Guedes report ( Pamalam)

Post  frencheuropean on Wed 21 Jan - 18:31

Right.

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Re: Libel trial-A. Guedes (Pamalam)-"McCann v G.Amaral - Final speeches 10/12/2014"+ updated 21/01/2015 with the juge's replies to the 37 questions. ( Astro)-+ Anne Guedes report ( Pamalam)

Post  frencheuropean on Wed 21 Jan - 19:36

I guess that the Pro who claim Victory are interpreting  this reply considering only part one:

13. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate MacCann and Gerald MacCann suffer permanent anguish, insomnia, lack of appetite, anxiety and irritability, preoccupation and indefinable fear?

Proved.

The judge adds that this psychological state is pre-existent to the book, the documentary and the interview and was not caused by the book. Nonetheless, it cannot be reasonable to believe that the book, the documentary and the interview had no effect on the couple, i.e. It had an effect but that is perfectly normal.

http://themaddiecasefiles.com/topic24300.html ( will be finished during the night or tomorrow by Astro)



Last edited by frencheuropean on Wed 21 Jan - 19:41; edited 1 time in total

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Re: Libel trial-A. Guedes (Pamalam)-"McCann v G.Amaral - Final speeches 10/12/2014"+ updated 21/01/2015 with the juge's replies to the 37 questions. ( Astro)-+ Anne Guedes report ( Pamalam)

Post  Guest on Wed 21 Jan - 19:39

frencheuropean wrote:I guess that the Pro who claim Victory are interpreting  this reply considering only part one:

13. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate MacCann and Gerald MacCann suffer permanent anguish, insomnia, lack of appetite, anxiety and irritability, preoccupation and indefinable fear?

Proved.

The judge adds that this psychological state is pre-existent to the book, the documentary and the interview and was not caused by the book. Nonetheless, it cannot be reasonable to believe that the book, the documentary and the interview had no effect on the couple, i.e. It had an effect but that is perfectly normal.

a rather selective reader, wouldn't you say?

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Re: Libel trial-A. Guedes (Pamalam)-"McCann v G.Amaral - Final speeches 10/12/2014"+ updated 21/01/2015 with the juge's replies to the 37 questions. ( Astro)-+ Anne Guedes report ( Pamalam)

Post  AnnaEsse on Thu 22 Jan - 1:35

With thanks to Joana Morais.

Court says that it was not Gonçalo Amaral’s book which “destroyed” Maddie’s parents

Read the full report on The Maddie Case Files.

http://themaddiecasefiles.com/post321219.html#p321219

_________________________________________________________________________________________________
"You can run on for a long time, Run on for a long time, Run on for a long time, Sooner or later God'll cut you down." (Johnny Cash)

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Re: Libel trial-A. Guedes (Pamalam)-"McCann v G.Amaral - Final speeches 10/12/2014"+ updated 21/01/2015 with the juge's replies to the 37 questions. ( Astro)-+ Anne Guedes report ( Pamalam)

Post  kitti on Thu 22 Jan - 7:40

It was their OWN actions that destroyed them and the remaining children...NOT any book, any fool can see that.

The mccanns are as usual trying to shift blame and guilt onto other people.

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Re: Libel trial-A. Guedes (Pamalam)-"McCann v G.Amaral - Final speeches 10/12/2014"+ updated 21/01/2015 with the juge's replies to the 37 questions. ( Astro)-+ Anne Guedes report ( Pamalam)

Post  frencheuropean on Thu 22 Jan - 8:06

Replies in order ( merci to Kazlux TMCF ) http://themaddiecasefiles.com/post321264.html#p321264

1. Gonçalo Amaral made the statements that are attributed to him under item Z)*?

*(item Z is the Correio da Manhã interview)

Proved.

2. The cover price of the book “Maddie, A Verdade da Mentira” in Portugal is € 13.80, including VAT?

It is proved that the editor set the selling price at 13,33 euro, including VAT.

3. Defendant Gonçalo Amaral has earned from the sale of the book “Maddie, A Verdade da Mentira” an amount that is not less than € 621.000,00?

4. Defendant Gonçalo Amaral has earned from the sale of editions in foreign languages of the book an amount that is not less than € 498.750,00?

(Items 3&4) It is proved that Gonçalo Amaral earned 342.111,86 euro from the sales of the book in the years 2008 and 2009. This information is based on data from the Portuguese Revenue Agency.

5. The book was sold in Brazil by defendant “Guerra e Paz, Editores, S.A.”?

Not proved.

6. The DVD has a cover price of € 6,00?

Proved that it was sold for 6,95 euro with newspaper Correio daManhã.

7. Defendant Gonçalo Amaral has earned from the sale of the DVD an amount that is not less than € 112.500,00?

Proved that he earned 40.000 euro from DVD sales in 2008. Based on info from the Revenue Service.

8. The DVD that is mentioned under AN) has been edited and the edited copies have been sold by defendant “V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.”?

Proved.

9. Defendant “V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.”? has already made the DVD, in an English version, available for immediate delivery via internet order?

Not proved.

10. At least two million and two hundred thousand people have watched the programme that was broadcast on 13.4.2009?

Proved.



11. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, the Polícia Judiciária stopped collecting information and investigating the disappearance of Madeleine MacCann?

Not proved.

12. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate MacCann and Gerald MacCann are completely destroyed, from a moral, social, ethical, sentimental, family point of view, much beyond the pain that their daughter’s absence causes them?

Not proved.

13. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate MacCann and Gerald MacCann suffer permanent anguish, insomnia, lack of appetite, anxiety and irritability, preoccupation and indefinable fear?

Proved.

The judge adds that this psychological state is pre-existent to the book, the documentary and the interview and was not caused by the book. Nonetheless, it cannot be reasonable to believe that the book, the documentary and the interview had no effect on the couple, i.e. It had an effect but that is perfectly normal.

14. Authors Kate MacCann and Gerald MacCann feel a deep shame and an indescribable ill-being because they are considered, by most people who know the theories of defendant Gonçalo Amaral, as having responsibility in the death of their daughter, being so cowardly that they have hidden her cadaver, simulating abduction, all of this to avoid criminal accusations?

Proved that the couple felt badly about being considered responsible over the hiding of their daughter's body and simulating her abduction by those who believe in Mr Amaral's thesis.

The judge states that it is not possible to determine what most people who have read or seen Mr Amaral's thesis actually think.
She adds that the plaintiffs failed to prove shame, even with Kate stating it was not shame that she felt.
The judge once more believes it is expectable that the plaintiffs would feel badly about being considered to be responsible for hiding the body and staging an abduction - not, the judge stresses, about being responsible for their daughter's death, as is commonly, and mistakenly, believed.

15. Authors Kate MacCann and Gerald MacCann live under enormous daily pressure due to the need to keep their younger children away from the knowledge of defendant Gonçalo Amaral’s opinions about their moral integrity?

Proved that the couple feels the need to keep their younger children from finding out about said thesis.

This fact also derives from common experience and was corroborated by David Trickey's testimony.

16. Namely because of defendant Gonçalo Amaral’s statements in the book, in the documentary and in the interview to Correio da Manhã, author Kate MacCann is immerged in a deep and serious depression, which has already made her state publicly “I wish I was in a coma, to relieve the pain”?

Not proved.

17. Sean and Amelie MacCann will soon become aware of the conclusions that are mentioned in J), because they will go to school?

It is proved that Sean and Amelie started school in August of 2010 and have not learned about Mr Amaral's thesis yet.

18. 63.369 copies of the DVD were not sold, having been destroyed afterwards?

Proved.

19. Defendant Gonçalo Amaral has gone into retirement from the Polícia Judiciária on 1.6.2008?

Proved that he retired on July 1st, 2008.

20. On 22.6.2008, the Attorney General’s Office published a note for the media, announcing the archiving of the inquiry, awaiting better evidence?

It is proved that such a note was issued on the 21st of July of 2008, the note also informed that the case could be reopened if new evidence appeared and prompted relevant diligences.



21. The criminal inquiry was reopened due to the appearance of new evidence?

Not proved.

22. The attention of the media and of people in general diminished when defendant Gonçalo Amaral’s book was published?

Not proved.

23. The sale of the books was made on consignment, being subject to devolution for various reasons, like handling, manufacturing defects or their non-transaction?

Proved that the book was partly sold on consignment, and partly firmly sold with a right to return for various motives.

24. The so-called “Maddie Case” has been profoundly treated within the Portuguese and foreign society, whether by the media, or through books, like those authored by Paulo Pereira Cristóvão, Manuel Catarino and Hernâni Carvalho?

Proved.

25. The so-called “Maddie Case” was commented upon by Dr. Francisco Moita Flores, former inspector, writer, criminalist and commentator, in various media?

Proved.

26. Have authors Kate MacCann and Gerald MacCann hired communication firms and spokespeople through the Madeleine Fund?

(for unknown reasons, the judge does not mention this item at all)

27. Are the facts that are reported by defendant Gonçalo Amaral in the book and in the aforementioned interviews, like he himself writes and said, facts that were established during the inquiry?

28. Does the documentary only contain facts that are also in the inquiry files?

(Both articles) It is proved that the facts in the book and in the documentary, concerning the investigation, are mostly facts that took place in the investigation and are documented as such.

The judge does note that some of the facts in the book are not complete, and some facts that are in the book are not in the case files, including Jane Tanner's "informal" recognition of Robert Murat.

29. The social capital of defendant “V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.” is held, in 60%, by the firm “Estúdios Valentim de Carvalho, Gravações e Audiovisuais, S.A.” and, in 40%, by the Fundo de Investimento para o Cinema e o Audiovisual?

Proved.

30. Has defendant “V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.” ceded the rights to sell, distribute, exhibit and broadcast all of the cinematographic and audiovisual work that it creates, develops and produces to the firm “Valentim de Carvalho Multimédia, S.A.”?

Proved that VC Filmes agreed to give VC Multimedia the rights to sell and distribute several works that were to be produced within 5 years.



31. Until today, has the documentary been reproduced only once to be edited, published and sold in Portugal under video format, in this case a DVD?

Proved.

32. The reproduction and edition of the documentary in video format have been authorised by “Valentim de Carvalho Multimédia, S.A.” to firm “Presslivre, Imprensa Livre, S.A.”, the owner of the Correio da Manhã newspaper, according to a contract between both?

Proved.

33. Under which [contract], the DVD, its covers and packages would be, as they were, manufactured on behalf of, under order of and under the responsibility of Presslivre, in order to be distributed and sold together with newspaper Correio da Manhã?

Proved.

34. And the entire process of registering and classifying the video edition (DVD) of the documentary with ICAG would be, as it was, developed by Valentim de Carvalho Multimédia, a process whose cost would be carried by Presslivre, as it did?

Proved.

35. The distribution for sale took place in conjunction with the distribution for sale of the newspaper Correio da Manhã’s edition of April 24, 2009?

It is proved only that the documentary was distributed for sale with the newspaper.

36. The documentary was reproduced, and even subtitled in the English language, by third parties that published it on the internet, without permission and against the will of the defendant “V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.”?

Proved.

37. That illicit diffusion damages not only the rights that are held by defendant “V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.” over the documentary, but also its commercial exploration, because any citizen can watch the documentary, also only one “click” away?

Proved.


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Re: Libel trial-A. Guedes (Pamalam)-"McCann v G.Amaral - Final speeches 10/12/2014"+ updated 21/01/2015 with the juge's replies to the 37 questions. ( Astro)-+ Anne Guedes report ( Pamalam)

Post  frencheuropean on Thu 22 Jan - 9:18

Here is the full article indicated by Anna in a post above. It's the newspaper Publico ( article translated by Inès TMCF)

 http://www.publico.pt/sociedade/noticia ... nn-1682917   http://themaddiecasefiles.com/post321219.html#p321219
.....................................................................................................................................................................

Court says that it was not Gonçalo Amaral’s book which “destroyed” Maddie’s parents


by PEDRO SALES DIAS 21/01/2015 - 17:04 (updated 22:08)

Translated by Ines

The McCann couple took a civil action against the ex – inspector for defamation and damages caused by the publication of his book. They are claiming compensation of 1.2 million Euros.

This Wednesday, Lisbon Civil Court considered that it was not Gonçalo Amaral’s book “Maddie: The Truth of the Lie” which “destroyed” the parents of the English girl who disappeared from the Algarve on 3rd May 2007.

“It was not proven that Kate and Gerry McCann have been destroyed from the moral, social and ethical points of view. From the family’s point of view the evidence revealed a successful effort of cohesion and mutual help”, said the judge, emphasizing that “from the sentimental/emotional point of view, it is not credible that the sequel of the facts in these files would go as far as the destruction or even in excess of the pain caused by the disappearance of their daughter”.

The “negative emotional” state of the parents is “pre-existing to the book”, says the legal dispatch to which Público had access and which indicated the replies to the claims, the facts given as proven or not proven, before sentencing, in the civil case brought by the couple against the ex PJ inspector. The couple are claiming compensation of 1.2 million euros for defamation and damage caused by the book’s publication.

The judge estimates as not proven the social damages that the McCanns also claim to have suffered with the broadcast and sale of a DVD documentary and an interview with the ex – Portimão PJ coordinator. In the book, Amaral defends the supposed involvement of Kate and Gerry McCann in the disappearance and in the hiding of the girl’s body.

“Given the court dispatch in which no link has been proven between the book and alleged damage suffered by the couple, I do not expect anything other than the absolution of Gonçalo Amaral”,said his lawyer Miguel Cruz Rodrigues to Público. Público tried to contact Isabel Duarte, the couple’s lawyer, without success. Gonçalo Amaral did not want to comment.

However, the court did not find as proven that “as a consequence of the defendant, Gonçalo Amaral’s statements in the book, documentary and interview”, that Maddie’s parents “felt anger, despair, anguish and worry, having suffered insomnia and lack of appetite”. This at the same time that it was proven that the facts mentioned by the ex – inspector in his book “are, in the majority, facts that occurred and which are documented” in the criminal investigation.

The legal dispatch also mentions various witnesses Heard by the court, some provided by Maddie McCann’s parents and who emphasise the harm that they consider was done to the couple. “Many people turned their backs on them”, after the publication of the book, said Susan Lorrain Hubbard, the wife of an English vicar and friend of the McCann family. Also Alan Pike, who offered the couple psychological support, “stated that the publication of the book and its conclusions left the couple with anguish and that one of the most devastating effects, for them, was the belief that the book would influence public opinion, leading to people stopping their search for Madeleine.

However, the court determined as not proven that due to the book, interview and documentary the PJ stopped collecting information and investigating the disappearance. The court heard from PJ inspectors including Ricardo Paiva, an inspector who participated in the investigation of the disappearance and who emphasized that the “girl’s death was a hypothesis in the investigation”. Also the director of the National Anti-Terrorism Unit, Luís Neves, underlined that “the first time the death hypothesis was raised, the parents suggested the intervention of a South African specialist equipped with a machine to find buried bodies”.

The court emphasised that for the “majority of people” who had read the book, the thesis contained within it did not attribute “responsibilities” to the McCanns for their daughter’s death, but rather that they had “responsibilities for hiding her body”.

Maddies’ parents were made arguidos during the investigation into her disappearance which was archived in 2008 due to lack of evidence that a crime had occurred. The investigation was re-opened in October 2013 following a proposal from the PJ and given new elements that justified continuing with the investigation.

(Article updated at 22.08. It replaces the Lusa article entitled “Court decides as proven the damage caused by Gonçalo Amaral to Kate and Gerry McCann”, published in Público news).

..................................................................................................................................................................

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Re: Libel trial-A. Guedes (Pamalam)-"McCann v G.Amaral - Final speeches 10/12/2014"+ updated 21/01/2015 with the juge's replies to the 37 questions. ( Astro)-+ Anne Guedes report ( Pamalam)

Post  frencheuropean on Thu 22 Jan - 11:35

Article in Correio da Manha paper edition today, translated by Textusa

http://textusa.blogspot.pt/2015/01/2015.html?showComment=1421918998624#c3491899806996707756



Textusa22 Jan 2015, 09:29:00

Blog's translation of CdM article:

In Correio da Manhã, paper edition, Thursday, 22.1.2015, p g15:

Top of Page:
JUSTICE: GERRY AND KATE SUE GONÇALO AMARAL

Title:
"Couple destroyed before book"

Sub-title:
Judge says it wasn’t proven damages caused to parents in the sequence of book about Maddie

Magali Pinto

Judge Emilia Melo e Castro who decides on the civil proceedings that opposes Maddie's parents to Gonçalo Amaral, former PJ investigator, concludes that "no proof was made [no evidence has been presented to prove] that Kate and Gerry are destroyed from a moral, social and ethical point of views "- despite considering that due to the publication of the book 'Maddie, the truth of the lie”, by Amaral, the couple "felt anger, despair, anxiety, worry, and suffered insomnia and lack of appetite."

These are some of the facts considered proved in the lawsuit filed by the parents of Madeleine - the girl who disappeared in May 2007 in Praia da Luz in the Algarve, when she was three – in which they demand an indemnity of € 1.2 million.

At the end of the dispatch, to which the CdM had access to, the judge added that "from the sentimental/emotional point of view it’s not credible that the consequences of the facts would go to the point of destruction or beyond the pain caused by the disappearance of their daughter. It is not certain from the available evidence to discern what of these alleged facts is a result of Madeleine's disappearance from what is the effect caused by the book. "

When the couple was last year, in July at the Justice Palace [building of the court-house] in Lisbon, to make their statements, they considered the book, which defends the thesis that the parents are directly linked to the disappearance of the child, "shocking and an affront to the family". "Before and during reading of the book, I felt anguish, despair and anger", said Gerry to the judge.

In 2009, the court ordered that the Gonçalo Amaral books of the stands; however, the Appeal Court overturned this decision. The magistrate has not yet set a date for the reading of the sentence of this civil action.

*********
Inset:
Magistrate has not yet set date to announce decision.

*********
Caption of photos:
Judge yesterday gave signs that the decision would be in favour of Gonçalo Amaral.

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Post  interested on Thu 22 Jan - 16:46

Many thanks to "frencheuropean" for the many updates.

The Portugal News Online has an article which was updated at 15:30 on 22/01/2015 which concludes with "A final ruling is expected to take at least 30 days before being read out." www.theportugalnews.com

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