Why WAS Gerry in Portugal?? - Joana Morais

Why was Gerry McCann in Portugal?

30 September 2013 | Posted by Joana Morais Leave a Comment

Gerry McCann and one of the McCanns Portuguese lawyers, Isabel Duarte

«Dra Duarte said she made yesterday [26.9.2013] a request for the complainant G. McCann who is coming from the UK (she insisted twice on this) to be heard.» Anna Guedes report, McCann v Gonçalo Amaral Libel Trial in Lisbon - Day 5, 27 September 2013

«The McCanns’ spokesman Clarence Mitchell said last night: “I can confirm Gerry McCann is hoping to give evidence.”» Daily Star, Jerry Lawton, Madeleine's dad, Gerry McCann jets in to 'help find the truth', 27 September 2013

«The McCanns' lawyer, Isabel Duarte, said it was important that he be heard. She added: "I asked because I don't have two witnesses that I have appointed, so I have asked the court to substitute the two witnesses by Gerry, because nowadays he can give evidence."» BBC, Alison Roberts, Gerry McCann ready to testify amid £1m libel case delay, 27 September 2013

«The judge agreed to an adjournment because a member of one of the lawyers' families had a medical issue. Mr McCann was told the news as he arrived at the court in Lisbon after an early morning flight from the UK. He headed back to the airport. He said outside court: "Obviously we are disappointed. If I get another opportunity to be heard I will be back and will answer the questions I'm asked.» Sky News, Martin Brunt, Madeleine McCann: Gerry's Evidence Stalled, 27 September 2013


Civil Procedure Code (Effective Date: 01-09-2013*)

ANNEX - Civil Procedure Code

BOOK II - Of the process in general

TITLE V - Of the instruction of the process

CHAPTER VI - Testimonial evidence

SECTION II - Production of testimonial evidence


Article 510.º - Substitution of witnesses

1 - In the case of substitution of any of the witnesses, the statement is not allowed without five days having elapsed from the date the opposing party was notified, unless the opposing party waives that deadline; if it is not legally possible the adjournment of the examination, in order to respect that deadline, the substitution shall be of no effect, by requirement of the opposing party.
2 - It is not admissible the examination by letter of witnesses proposed in substitution of the ones originally submitted.
3 - The provisions of n.º 1 does not affect the possibility of the judge to order an examination, pursuant to article 526.º.


Article 526.º - Examination at the initiative of the court

1 - When, in the course of the action, there is reason to assume that a particular person, not submitted as a witness, has knowledge of important facts for the good decision of the cause, the judge shall order that it is notified to testify.
2 - The statement can only take place after five days have elapsed, if any of the parties requests the setting of a deadline for the examination.

Articles 510.º and 526.º of the Portuguese Civil Procedure Code, formerly known as articles 631.º and 645.º respectively in the previous CPC. No changes in both articles.

Effective Date: 01-09-2013 * Law nº 41/2013 of 26 of June 2013, published in Diário da República, 1st Series, nº 121, of 26 of June 2013 [PDF]


--------------------------------------------------------------------------------


ITV, 27.09.2013

Transcript courtesy of the McCann Files/Nigel Moore

João C. Rodrigues: Hello. So, Gerry, I'm sure you was not expecting that?

Gerry McCann: No, errm... but we are where we are, so... we'll look forward to the next date.

João C. Rodrigues: Did you understand what happened?

Gerry McCann: I think, errr... Isabel will be able to explain that better.

Martin Brunt: Are you feeling disappointed?

Gerry McCann: Obviously we're disappointed, yeah, sure.

João C. Rodrigues: Are you coming back?

Gerry McCann: If I get the opportunity to be heard I'll certainly come back.

Martin Brunt: What is it you want to say to the judge who is in these proceedings?

Isabel Duarte: (interrupts) Nothing.

Gerry McCann: I'll answer the questions that I'm asked, Martin.

João C. Rodrigues: But maybe do you have new expectations about finding Madeleine?

Gerry McCann: I think, you know, all the investigation enquiries are being directed to Metropolitan Police at this time.

João C. Rodrigues: So, you are quite with the hope about what is going to happen in Portugal in a few... in the coming days?

Gerry McCann: Sorry, I missed that.

João C. Rodrigues: You have some hope of what is going to develop in the coming days?

Gerry McCann: I would just direct you to the Metropolitan Police. They're very much dealing with all enquiries regarding the investigation.

Martin Brunt: Gerry, why is it important that you give evidence at this trial?

Gerry McCann: Well, the law's changed and I think, errr... I think Kate and I know better than anyone else, errr... what we've experienced and what we've gone through and the facts of the file and, errm... the damage that's been caused to the search for Madeleine.

João C. Rodrigues: That justifies another coming back to Portugal?

Gerry McCann: We'll do what it takes.


--------------------------------------------------------------------------------

Gerry McCann could not have testified on the 27 of September according to article 510.º of the CPP, which clearly states that «In the case of substitution of any of the witnesses, the statement is not allowed without five days having elapsed from the date the opposing party was notified, unless the opposing party waives this deadline (...)». According to reports from inside the court said request was only made one day before Gerry McCann arrived in Lisbon. So unless we are to believe Mrs. Isabel Duarte failed to inform her client, which I very much doubt, there was no legal way foreseen in the current, or former for that matter, Civil Procedure Code for Gerry McCann to have testified on the 27. Was this trip just a mere publicity stunt? It seemed a poor one, even if it was echoed and slightly distorted, as usual, in the UK media. The question that remains is: Why was Gerry McCann in Portugal?

1. A cheap stunt, 2. What did he have to say to his solicitor or someone else that couldn't wait? 3. showing his arrogance and contempt for Portuguese law assuming he would be allowed to speak because he was there.  what was his solicitor afraid he would say outside the Court, the very fast "nothing" from ID really shut him up, so good question, what was the reason for his visit to Portugal.

It is quite difficult to understand.  But does it not mean that GM could have given evidence with less than 5 days notice if Mr Amaral had agreed.  I think it was cheeky of him turning up at the last minute like that.  If it was last minute.

tanszi wrote:1. A cheap stunt, 2. What did he have to say to his solicitor or someone else that couldn't wait? 3. showing his arrogance and contempt  for Portuguese law assuming he would be allowed to speak because he was there.  what was his solicitor afraid he would say outside the Court, the very fast "nothing" from ID really shut him up, so good question, what was the reason for his visit to Portugal.

Asked what he would say to the judge, ID came in with "nothing." Had Gerry been letting off steam about the judge adjourning proceedings? I could believe that!  

5 days up now so Gerry......the court is yours !

AnnaEsse wrote:

tanszi wrote:1. A cheap stunt, 2. What did he have to say to his solicitor or someone else that couldn't wait? 3. showing his arrogance and contempt  for Portuguese law assuming he would be allowed to speak because he was there.  what was his solicitor afraid he would say outside the Court, the very fast "nothing" from ID really shut him up, so good question, what was the reason for his visit to Portugal.

Asked what he would say to the judge, ID came in with "nothing." Had Gerry been letting off steam about the judge adjourning proceedings? I could believe that!  

What's the point of going and not saying anything (confused.com)  

Publicity.....he doesn't wasn't to be known as the uncaring father now does he...


Not turning up to confront the man who says Madeleine is dead....he had to be their....save face and all that.

Angelina wrote:

AnnaEsse wrote:

tanszi wrote:1. A cheap stunt, 2. What did he have to say to his solicitor or someone else that couldn't wait? 3. showing his arrogance and contempt  for Portuguese law assuming he would be allowed to speak because he was there.  what was his solicitor afraid he would say outside the Court, the very fast "nothing" from ID really shut him up, so good question, what was the reason for his visit to Portugal.

Asked what he would say to the judge, ID came in with "nothing." Had Gerry been letting off steam about the judge adjourning proceedings? I could believe that!  

What's the point of going and not saying anything (confused.com)  

He wasn't very happy that he had gone all the way to Portugal and a hearing was adjourned because someone cared about their son enough to want to be with him. Gerry didn't even care enough about his child to adjourn to his apartment instead of the bar!

ID will have known about the change in the law as and when it happened so if it is possible for them to appear as witnesses, which I understand is questionable because they started proceedings before the change came into force,  why didn't she ask if they could appear when the hearing started not as I now understand it was the day before he went to Portugal. Did ID have an expectation that the five days would be waived. jimo.

Wednesday is when they start again and Wednesday is when Gerry CAN testify...5 days is up.

kitti wrote:Wednesday is when they start again and Wednesday is when Gerry CAN testify...5 days is up.

What is he going to say?

"Me and Kate was well ill when MW told us GA was onto us and sent us GA's book. Give us a zillion squids from GA wiil ya cos we is the mighty McCanns innit?"

This is the part that really interests me.

«The McCanns' lawyer, Isabel Duarte, said it was important that he be heard. She added: "I asked because I don't have two witnesses that I have appointed, so I have asked the court to substitute the two witnesses by Gerry, because nowadays he can give evidence."»

Now go back to day four.

0.09.2013 10am. The session starts with a request from the defence concerning a plaintive witness, the President of the Bar Association (bastonário da ordem dos advogados) since 2008, António Marinho Pinto (MP) who was supposed to give evidence this afternoon.

MP was cited as a witness in the libel writ but in January 2012 determined that he would submit a written statement, which was his privilege as bastonário. He was however obliged to inform the Court of his intentions.

On the 20th January 2013, MP declared his wish to waive his right to make a written submission and declared that he would be present to testify in the court room.

At the last minute, MP let the lawyer for the plaintive, Isabel Duarte (ID), know that he had changed his mind. He now wished to deposit a written statement on the basis of his privilege. This change would bring his written statement late to the proceedings and would not afford the defence an opportunity to properly consider his evidence or to put questions to him regarding same.

The judge said MP should have revealed his intention during the 10 legal days so lost his right because he didn't do so. It now falls to the lawyer for the plaintive to ensure that MP appears personally in order to be examined in the final allegations session.

So am I correct in thanking that if Pinto doesn't show, Duarte is in deep doo-doo? Maybe the judge would take that as a sign to throw out the case completely, and award all costs to Dr Amaral. Did Duarte haul Gerry in, in place of Pinto, to avoid that very scenario? Oh, dear......  

kitti wrote:Wednesday is when they start again and Wednesday is when Gerry CAN testify...5 days is up.

Has he been granted approval ?

I agree with what posters have said before about his reason for going, a publicity stunt for the press, he wanted to come out of the court and say they would not let him speak. His Lawyer knew he would not be able to speak and would have told him. However his little stunt did not come off because he could hardly say anything about the Lawyer's son being ill. Yes I expect he was very disappointed. No headlines saying ' Lisbon court would not let Gerry speak' The average UK citizen would not know anything about the legal aspect of it and the newspapers would forget to point it out.

I bet he is gutted that it did not come off

So do we know why the two witnesses aren't appearing.  Have they just changed their minds.

MaryB wrote:So do we know why the two witnesses aren't appearing.  Have they just changed their minds.

One 'abducted' witness seems to be the very loose cannon that is Ma Healy.

I doubt there was 'A.N.OTHER' as not even their T7 best mates, who'll do absolutely anything to get Madeleine back, as long as it dosen't mean co-operating with anything!

Just ID trying to make GM look like he's so popular that people are falling over themselves to support his 'thesis'!

I was most surpised that he managed to even reach the courtroom due to the masses and masses of 'supporters' he had to fight his way through to get there!

Where was Rome?

jeanmonroe wrote:

MaryB wrote:So do we know why the two witnesses aren't appearing.  Have they just changed their minds.

One 'abducted' witness seems to be the very loose cannon that is Ma Healy.

I doubt there was 'A.N.OTHER' as not even their T7 best mates, who'll do absolutely anything to get Madeleine back, as long as it dosen't mean co-operating with anything!

Just ID trying to make GM look like he's so popular that people are falling over themselves to support his 'thesis'!

And that about sums it up Jeanmonroe. 

jeanmonroe wrote:
Where was Rome?

loool

It's preparing itself off course........