Amaral Asks Social Security For Help, JdN, 26.10.09

http://joana-morais.blogspot.com/2009/10/goncalo-amaral-asks-social-security-for.html

Gonçalo Amaral asks Social Security for help
26 October 2009 | Posted by astro Leave a Comment

by Nuno Miguel Maia

Former PJ inspector alleges economical insufficiency to defend himself from the lawsuit by Madeleine McCann’s parents.

The former coordinator of the Maddie case investigation is asking the State for help in order to be able to defend himself in the lawsuit that has been filed by the parents of the child that went missing in the Algarve. He alleges economic insufficiency in order not to pay court costs.

Gonçalo Amaral has requested the Social Security’s help shortly before contesting the injunction that was presented by Kate and Gerry McCann, which aimed at removing the book “The truth about the lie”, and the documentary that is based on the same work, from the market, as well as to cease the sale of author’s rights into foreign countries, through editors Guerra e Paz. And further, to prohibit the investigator, who is now retired from the Polícia Judiciária, from continuing to publicly speak about his theory in the case of the little English girl.

Madeleine McCann’s parents demand damages in the amount of 1.2 million euros, which means that the value of the justice tax that has to be paid surpasses five thousand euros, for contestation only, and excluding other costs.

More recently, only days ago, the former Maddie case inspector saw the Civil Court of Lisbon preventively seizing the profits from the sale of the books and the documentary, through an unipersonal firm in Amaral’s name, as a way to guarantee that there will be money to pay an eventual compensation, whose pertinence will only be evaluated in the main action.

According to information that was collected by JN, in the request for financial assistance, due to economical insufficiency, Gonçalo Amaral has declared a liquid yearly income of 39 thousand euros, presenting a family aggregate of four persons: the former investigator himself, his wife and two girls, aged 11 and five.

The author of “The truth about the lie” has no further assets in his name – he has no property and no vehicles. The only family car, a Ford Focus of 2003, is in his wife’s name, who is a technician at Portimão’s City Hall.

In a press release dated days ago, the former Judiciária coordinator stated that he fears that “the truth about the disappearance of Madeleine is at risk of being decided in the office”. And he is also afraid of “being prevented from defending his reasons in court, due to the extremely high monetary costs” of the process, concerning lawyers’ fees and “millionaire judicial costs, from which, it would seem, only the impoverished are exempt”.

For now, Gonçalo Amaral has requested Social Security to exempt him from paying the justice fee and other costs of the process; the final decision, which may also pass through an appeal with the courts, is not known yet.

Revoking of the injunction has been requested

Gonçalo Amaral asks the Civil Court of Lisbon to revoke the injunction, alleging that its amplitude impedes not only the divulgation of the contents of the book “The truth about the lie”, but also the divulgation of the terms that are part of the Maddie case investigation process, which ended up being archived. Thus it is disproportionate and unconstitutional, offending the right to freedom of expression.

The former PJ investigator stresses that he does not accuse Kate and Gerry McCann of having murdered their daughter and concealing her cadaver. And that he only defends the theory of her death in the Ocean Club apartment, in Praia da Luz, Lagos – not referring anyone’s authorship – and “suspects” posterior involvement of the parents in concealing the cadaver. He further underlines that his entire report is based on facts that have been established within the process and that even the inquiry’s prosecutors say it is “most likely” that the little girl is dead.

More: Amaral recalls that the McCanns themselves and their spokesman have already publicly admitted, in interviews, that Madeleine may be dead.


source: Jornal de Notícias, 26.10.2009

well, i hope he gets it, and it should bring more public scrutiny to the case,

I wonder how long it will take the civil court to make a decision ?

Good question, how long will it take?
What about the Leonor-case?
The court has not enough money to pay for the jurors???

I know, but that is the criminal court so it won't be conected !But I can see delaying tactics being used from the civil court aswell .It does read that Amaral has already put in his request so how long ago did he do that ??

Yes, the tactics...
But is there NOTHING S. Amaral can do?
Under legal/fair aspects?

Don´t they have in Portugal:

The General Equal Treatment Act

The McCanns get fast what they want.
What about S. Amaral?

What about equal treatment here?

Maybe one of the Portuguese posters could give us a clearer picture ,if any of them on on the forum?

That would be fine.

These must be very worrying times for the Amaral family who face financial ruin for having dared to question the story of the McCanns...

The Judicial System in Portugal does seem very complicated and like a Maze to get through!!!!!!! Now we
have a situation where because the Court siezed Amaral"s assets and prevented the sale of his book and DVD
he has to apply to the Court for money to defend himself.

Then you have jurors who cannot be paid through lack of money, judging by the time it took to get the Cipriani
case to Court, the Mccanns will have to wait a long time for their case to be heard.

Legally, I just wonder whether if they drop the charge because they know they will not get any money, can
Amaral continue to have his book published and sold?

Why does law function with threats from one or the other side???
There should be no threats. 
The judge must decide. Sober and not exorbitant. That is all.
The judge decides the sentence.
IMO law is too complicated.
It could be MUCH easier/less complex.
I do not understand why it is allowed - by court - to bring in sums like 1,2 mio.
That is odd. Why to allow such things?
Money should not decide to tell right from wrong.

Thats an interesting point you've raised re the money ,as we have been told that payouts for libel in Portugal are very small therefore there are very few libel cases as they just aren't worth the bother ,yet the Mccanns can claim this ammount should they win !!??

I hadn't realised that a claimant could determine the ammount !I understood it was the court who made that decision after all the evidence had been heard and that is what it was based on !

Nothing about the Jaguar, only a Ford?

Jaguar in Amaral's company name, not family name, I understand.

fedrules wrote:These must be very worrying times for the Amaral family who face financial ruin for having dared to question the story of the McCanns...

I only hope he get's the help and support needed. I feel very sorry for Mr Amaral at the moment.

The McCanns are asking for such a high amount in compensation, even though it is unlikely that they would be awarded it, because the court costs are a percentage of the amount demanded by the plaintiff and that way they up the ante for Gonçalo Amaral. Very sneaky and it is done with the intent of avoiding a confrontation in a court room, because the McCanns don't want information and facts to be come out, especially for the British public. The McCanns obviously thought that their adversary would just roll over and give up, like the English newspapers did but that is not the case here.

More: Amaral recalls that the McCanns themselves and their spokesman have already publicly admitted, in interviews, that Madeleine may be dead.

McCanns Accept Madeleine May Be Dead

The parents of Madeleine McCann have said they accept the four-year-old may now be dead.

Family spokesman Clarence Mitchell said: "Kate and Gerry are realistic enough to know that there is a probability she is dead".

http://news.sky.com/skynews/Home/Sky-News-Archive/Article/20080641288710

Same quote from Clarence in The Telegraph too:-

http://www.telegraph.co.uk/news/uknews/1566418/McCanns-accept-Madeleine-is-probably-dead.html

Schnuffel wrote:

More: Amaral recalls that the McCanns themselves and their spokesman have already publicly admitted, in interviews, that Madeleine may be dead.

McCanns Accept Madeleine May Be Dead

The parents of Madeleine McCann have said they accept the four-year-old may now be dead.

Family spokesman Clarence Mitchell said: "Kate and Gerry are realistic enough to know that there is a probability she is dead".

http://news.sky.com/skynews/Home/Sky-News-Archive/Article/20080641288710

Same quote from Clarence in The Telegraph too:-

http://www.telegraph.co.uk/news/uknews/1566418/McCanns-accept-Madeleine-is-probably-dead.html

And they asked Krugel, the South African with his 'special machine' to help look for Maddie. It is widely known that he only looks for dead bodies.

Lilemor wrote:http://joana-morais.blogspot.com/2009/10/goncalo-amaral-asks-social-security-for.html

Gonçalo Amaral asks Social Security for help
26 October 2009 | Posted by astro Leave a Comment

by Nuno Miguel Maia

Former PJ inspector alleges economical insufficiency to defend himself from the lawsuit by Madeleine McCann’s parents.

The former coordinator of the Maddie case investigation is asking the State for help in order to be able to defend himself in the lawsuit that has been filed by the parents of the child that went missing in the Algarve. He alleges economic insufficiency in order not to pay court costs.

Gonçalo Amaral has requested the Social Security’s help shortly before contesting the injunction that was presented by Kate and Gerry McCann, which aimed at removing the book “The truth about the lie”, and the documentary that is based on the same work, from the market, as well as to cease the sale of author’s rights into foreign countries, through editors Guerra e Paz. And further, to prohibit the investigator, who is now retired from the Polícia Judiciária, from continuing to publicly speak about his theory in the case of the little English girl.

Madeleine McCann’s parents demand damages in the amount of 1.2 million euros, which means that the value of the justice tax that has to be paid surpasses five thousand euros, for contestation only, and excluding other costs.

More recently, only days ago, the former Maddie case inspector saw the Civil Court of Lisbon preventively seizing the profits from the sale of the books and the documentary, through an unipersonal firm in Amaral’s name, as a way to guarantee that there will be money to pay an eventual compensation, whose pertinence will only be evaluated in the main action.

According to information that was collected by JN, in the request for financial assistance, due to economical insufficiency, Gonçalo Amaral has declared a liquid yearly income of 39 thousand euros, presenting a family aggregate of four persons: the former investigator himself, his wife and two girls, aged 11 and five.

The author of “The truth about the lie” has no further assets in his name – he has no property and no vehicles. The only family car, a Ford Focus of 2003, is in his wife’s name, who is a technician at Portimão’s City Hall.

In a press release dated days ago, the former Judiciária coordinator stated that he fears that “the truth about the disappearance of Madeleine is at risk of being decided in the office”. And he is also afraid of “being prevented from defending his reasons in court, due to the extremely high monetary costs” of the process, concerning lawyers’ fees and “millionaire judicial costs, from which, it would seem, only the impoverished are exempt”.

For now, Gonçalo Amaral has requested Social Security to exempt him from paying the justice fee and other costs of the process; the final decision, which may also pass through an appeal with the courts, is not known yet.

Revoking of the injunction has been requested

Gonçalo Amaral asks the Civil Court of Lisbon to revoke the injunction, alleging that its amplitude impedes not only the divulgation of the contents of the book “The truth about the lie”, but also the divulgation of the terms that are part of the Maddie case investigation process, which ended up being archived. Thus it is disproportionate and unconstitutional, offending the right to freedom of expression.

The former PJ investigator stresses that he does not accuse Kate and Gerry McCann of having murdered their daughter and concealing her cadaver. And that he only defends the theory of her death in the Ocean Club apartment, in Praia da Luz, Lagos – not referring anyone’s authorship – and “suspects” posterior involvement of the parents in concealing the cadaver. He further underlines that his entire report is based on facts that have been established within the process and that even the inquiry’s prosecutors say it is “most likely” that the little girl is dead.

More: Amaral recalls that the McCanns themselves and their spokesman have already publicly admitted, in interviews, that Madeleine may be dead.


source: Jornal de Notícias, 26.10.2009

So much for Amaral having his jag seized lol. More rubbish out of the mouths of the pro McCanns. He didnt look like the sort of person who would be austantacious (sp) enough to drive around in a jaguar.

Of course, Sr Amaral may just be canny enough to have all the family's assets in his wife's name. Then, he knows that he can go to court and whatever the judgment, the assets are safe. Also, the McCanns, or at least their backers, would have to pay out a small fortune in legal fees, with no guarantee of a substantial award, but Sr Amaral, if he gets legal aid, whatever the McCanns' award, it will have cost their team a great deal, but Sr Amaral will have no assets to seize. So, they could go through the whole process and end up with tuppence ha'penny just to protect their reputation and keep certain information from the public, which is already in the public domain.

Perhaps Sr Amaral does not need sympathy!

Brillopad wrote:More: Amaral recalls that the McCanns themselves and their spokesman have already publicly admitted, in interviews, that Madeleine may be dead.

Of course she may be dead. So not sure what it is he thinks that provves?

Think about it. Even if the McCanns don't deny that their daughter may be dead as Clarence has stated they are showing sighs of denial of how she may have deceased. I don't think any of this is about whether Madeleine is alive or not but everything to do with how she may have met her unfortunate demise. If one doesn't deny one's child may be dead I don't see how one can deny how one's child may have child died unless, of course, one had something to do with death.

The case should NOT depend only on G. Amaral and the McCanns.
It is a case for the police and justice!!!
It is a farce!
Poor poor little Madeleine.

WHY is it allowed to use such awful and oppressive legal tactics? If this is within the law it is truly shocking.
It can NOT be lawful and fair!

Brillopad wrote:More: Amaral recalls that the McCanns themselves and their spokesman have already publicly admitted, in interviews, that Madeleine may be dead.

Of course she may be dead. So not sure what it is he thinks that provves?

The McCanns are suing because they say that Amaral stating that Madeleine is likely to be dead is hampering their search for her.But if they have publicly stated that they to believe she may be dead they themselves are guilty of the same thing.