Final Note On Portugese Law

Final note on Law
Translation by Astro

The new Civil Procedure Code introduces a new means of evidence - the declarations by a party - in which the party itself [i.e. the McCanns and/or Gonçalo Amaral], on its own initiative, may request, until the start of oral allegations at first instance [the closing arguments], to make a statement about facts in which the party intervened personally or of which the party has direct knowledge. cooperation and truthThe party that makes a statement is subject to the duty of truth which means that it must reply to everything that is asked, to submit to any necessary inspections and to provide everything that is requested from the party. The questioning of the party that makes a statement is led by the Judge, and the lawyers may only ask for clarifications. If, in its statements, the party confesses to any fact, that confession is valued in the files and with due effects, which is to say it is irreversible and has full probative force [it is considered evidence]. In the absence of a confession, the statements by the party are freely valued by the Court.

I was looking in mcannfiles for something and came across this .....maybe this is why the McCanns were laughing yesterday , they got away without having to tell the truth. 

Panda wrote:
...maybe this is why the McCanns were laughing yesterday , they got away without having to tell the truth."
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Until GA introduces KM's book as a piece of documental evidence, on Tuesday, and the Judge asks his lawyers to point out 'anything' that may be contained within and that might be 'pertinent and relevent' to the present case.

ie, 'untruths and discrepancies'  "gerry crossed the street to speak with JW" "forced shutters" etc (blatant 'lies')

Just ONE 'provable' lie in her book and the McCanns lose...... big time.

jeanmonroe wrote:Panda wrote:
...maybe this is why the McCanns were laughing yesterday , they got away without having to tell the truth."
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Until GA introduces KM's book as a piece of documental evidence, on Tuesday, and the Judge asks his lawyers to point out 'anything' that may be contained within and that might be 'pertinent and relevent' to the present case.

ie, 'untruths and discrepancies'  "gerry crossed the street to speak with JW" "forced shutters" etc (blatant 'lies')

Just ONE 'provable' lie in her book and the McCanns lose...... big time.

I think neither the McCanns , or Amaral will be speaking at the Trial which seems a bit odd so essentially the Judge works on the evidence of Witnesses , probably read the book and watched the video and has to come to a conclusion on whether the McCanns claims that a) Amaral's Book hindered the search for Madeleine b) it damaged the Family's health including the twins.

The book is published in Portugese so how the twins could have read it is beyond me. There was no let up of "sightings" of Madeleine after the book was published so that is not credible. The McCanns demand for E1.2 million is truly OTT , high stakes indeed.

Maybe they got a wee read of the English version that Auntie Emma Loach bought in W H Smiths.   

Iris wrote:Maybe they got a wee read of the English version that Auntie Emma Loach bought in W H Smiths.    

Is that what she said Iris? I understood the Book has not been published in English.

..the Judge works on the evidence of Witnesses , probably read the book and watched the video and has to come to a conclusion...
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Probably read the book(s) and watched the video(s)? Both GA's AND McS Mockumentary.

THAT is the very LEAST the Judge should have done, imo.

NO Judge on this planet would just 'accept as true' what a claimant's 'witnesses' said. It would/is only be hearsay.

Surely the Judge will have a final few questions, for both sides, before 'summing up'?

If the judge 'points out' a few 'discrepancies' in KM's book, surely ID and the McCanns have to respond, on the day.

Because, if she dosen't then KM's book will become the definitive 'version' of the 'truth', won't it?

'Discrepancies and untruths' included.

Just one 'provable' lie from the McCanns/McCanns 'witnesses' will surely mean they will lose their 'claim', won't it?

And there are many, untruths, by the McS, imo.

jeanmonroe wrote:..the Judge works on the evidence of Witnesses , probably read the book and watched the video and has to come to a conclusion...
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Probably read the book(s) and watched the video(s)? Both GA's AND McS Mockumentary.

THAT is the very LEAST the Judge should have done, imo.

NO Judge on this planet would just 'accept as true' what a claimant's 'witnesses' said. It would/is only be hearsay.

Surely the Judge will have a final few questions, for both sides, before 'summing up'?

If the judge 'points out' a few 'discrepancies' in KM's book, surely ID and the McCanns have to respond, on the day.

Because, if she dosen't then KM's book will become the definitive 'version' of the 'truth', won't it?



'Discrepancies and untruths' included

Just one 'provable' lie from the McCanns/McCanns 'witnesses' will surely mean they will lose their 'claim', won't it?

Hi jeanmonroe, the report says the judge will make a "closing Statement", since the McCanns and Amaral won't be there because they are not being questioned , I find it quite bizarre if no one is in the Courtroom but the Gallery is full.  

I think for Kate 2 things will go against her, 1) She refused to answer questions. 2) There is no firm evidence that neither her or the Family suffered any real health problems over the Book....in fact, Kate wrote 2 books "so that the twins and Madeleine could read it when they are grown up" ...."What about the money, money".

Panda wrote:

Iris wrote:Maybe they got a wee read of the English version that Auntie Emma Loach bought in W H Smiths.    

Is that what she said Iris? I understood the Book has not been published in English.

That is what she told the Judge in Portugal.  She'd seen English versions of it in English bookshops.  It's in her testimony. She didn't, however, say whether that was on this planet or only on Planet Loach.

Iris wrote:

Panda wrote:

Iris wrote:Maybe they got a wee read of the English version that Auntie Emma Loach bought in W H Smiths.    

Is that what she said Iris? I understood the Book has not been published in English.

That is what she told the Judge in Portugal.  She'd seen English versions of it in English bookshops.  It's in her testimony.  She didn't, however, say whether that was on this planet or only on Planet Loach.

OMG Iris, not too long ago I looked on Amazon to see if the book was published in English...it's not, only Portugese and I think either Italian or German.

Since Amaral has not made a statement, how can he refute this? Unless the Judge has been busy checking everything the Witnesses have said .