Amaral V McCann trial

Original link

http://jn.sapo.pt/PaginaInicial/Policia/Interior.aspx?content_id=1435362

Casal McCann no julgamentode Amaral
Pais de Madeleine deverão estar em Lisboa, dia 11, quandocomeçar a ser julgada queixa contra ex-coordenador da PJ
00h30m
ALEXANDRA SERÔDIO

O Tribunal Cível de Lisboa começa a julgar no próximo 11 o procedimento cautelar que opõe a família McCann ao ex-coordenador da PJ Gonçalo Amaral. O processo envolve ainda uma editora, um canal de Televisão e uma empresa de audiovisuais.

Kate e Gerry McCann deverão comparecer no primeiro dia de julgamento, empenhados que estão em continuar a procurar a filha Madeleine, que desapareceu a 3 de Maio de 2007, do quarto onde dormia, no Ocean Club, na Praia da Luz (Lagos). Uma presença não confirmada pela advogada portuguesa, Isabel Duarte, mas que algumas fontes ligadas ao casal dão como sendo certa.

O julgamento tem por base o procedimento cautelar, interposto em Maio pelo casal McCann e em nome dos três filhos, Sean, Amelie e Madeleine, e que visava retirar do mercado o livro "A verdade da mentira" e o documentário baseado na mesma obra. Bem como cessar a comercialização dos direitos de autor para o estrangeiro, através da editora Guerra e Paz e ainda proibir o agora aposentado da Polícia Judiciária de continuar a falar publicamente sobre a sua tese do caso.

Justificando o procedimento cautelar com o facto de pretenderem "acautelar lesões futuras dos seus direitos ou agravamento das já verificadas", os McCann alegam que a disseminação do livro e do DVD "aprofunda (o seu) sofrimento" e "dificulta a busca de Madeleine".

As alegações feitas levaram a juíza da 13.ª Vara Cível de Lisboa, em Setembro último, a decretar a proibição da venda do livro e do DVD e a proibir Gonçalo Amaral de fazer qualquer tipo de comentários, escritos ou expressos, que defendam a tese de morte de Madeleine ou da ocultação do seu corpo pelos pais.

Na oposição a este procedimento cautelar, o advogado de Gonçalo Amaral pede a sua revogação, alegando que a proibição "assenta em factos que não se mostram verdadeiros", e que "foram propositadamente deturpados com vista à obtenção do resultado cautelar pretendido".

Segundo António Cabrita, o ex--investigador "não defende a tese" da morte de Maddie nem a ocultação de cadáver por parte dos pais. "Em nenhum passo ou trecho do livro, Gonçalo Amaral imputa a Kate e Gerry ou a quem quer que seja o homicídio e a ocultação de cadáver da sua filha Madeleine", ou "em nenhuma das entrevistas que deu ressalta como sendo da sua autoria que os pais de Maddie mataram e esconderam o corpo desta". O advogado diz que a tese vertida no livro "não atenta contra a imagem, o bom nome e muito menos os trata (McCann) de forma que possa ser entendida como degradante, cruel e desumana". Diz que Amaral apenas comenta os resultados da investigação divulgados através de CD pela Procuradoria da República de Portimão.


Google-translation:

McCanns in the trial of Amaral
Madeleine's parents should be in Lisbon, 11 days, whenthe the complaint be dismissed against former coordinator of the PJ

The Civil Court judge begins to lisbon next 11 the interlocutory proceedings brought by the McCann family to the former coordinator of the PJ Gonçalo Amaral. The process also involves a publisher, a television channel and a media company.

Kate and Gerry McCann will attend the first day of trial, who are committed to continuing to search for his daughter Madeleine, who disappeared on 3 May 2007, the room where she slept in the Ocean Club in Praia da Luz (Lagos). A presence not confirmed by the Portuguese lawyer, Isabel Duarte, but some sources close to the couple as they give some.

The evaluation is based on the trial process, brought on by the McCanns in May and on behalf of three children, Sean, Amelie and Madeleine, and that was to withdraw the book "The truth of lies" and the documentary based on the same work. And to stop the sale of copyright abroad by publishing War and Peace and also prohibit the now retired from the Judiciary Police to continue to speak publicly about his theory of the case.

Justifying the procedure to measure whether they wish to "guard against future injuries of their rights or worsening of already verified, the McCann argue that the spread of the book and DVD" deepens (their) suffering "and" makes the search for Madeleine " .

The allegations led to a judge on the 13th. Civil Court of Lisbon in September, the decree banning the sale of the book and DVD and prohibit Gonçalo Amaral to make any comments, written or expressed, to defend the thesis death of Madeleine or the concealment of her body by the parents.

In opposition to this application for interim relief, the Gonçalo Amaral's lawyer asks for revocation, arguing that the prohibition "based on facts they do not seem real," and that "were deliberately misrepresented in order to achieve the desired outcome measure.

According to António Cabrita, the ex - researcher "not defending a thesis on" the death of Maddie or the concealment of a body of parents. "At no step or passage in the book, Gonçalo Amaral complains to Kate and Gerry or anyone homicide and concealment of a body of their daughter Madeleine," or "in any of the interviews he gave from notes as his own, which the Maddie's parents killed and hid the body of this. The lawyer said the argument spilled in the book "does not affect the image, good name, let alone treat them (McCann) so that it can be seen as degrading, cruel and inhuman." Amaral says that only comments on the results of research disseminated through CD by Prosecutor's Office in Portimão.


No news about in the british press??!

so they are going to court???

Carly a good morning to you ,

yes, they have to go to court.

But let us wait what the judges will decide...

I do not trust them, really...

It is about the default decree.

They have rarely stepped a foot inside Portugal in nearly three years, but this gets them there?

So the publically announced 'secret' visit has nothing to do with Madeleine after all. How sad.

Yes, I assume their private emotional trip is not what it seems to be.

In the news in England it is an emotional trip for Kate McCann back to where Madeleine went missing and in Portugal it is an appearance in court .
Hmmmmmmm..

Two complete different things.

Says it all, again and again.

Poor poor little Madeleine and her siblings.

McCanns in the trial of Amaral
Madeleine's parents should be in Lisbon, 11 days, whenthe the complaint be dismissed against former coordinator of the PJ


Good Morning all and thanks Lilemor for posting this News.

I"m a bit confused about the above Google translation which implies the case will be dismissed? Presumably they appear in Court in 11 days time but it would be good to believe it would be to formally drop the charges.
Is there any way we can get clarification on this?

Hello Beattie.

Do you think it looks not good for Amaral?
Why should they dismiss the case and what would that mean?

Good morning.

I think that's a google-eese misunderstanding. As far as I know, this is simply the beginning of hearings in the appeal against the injunction.

If the case is dismissed it is excellent news for Amaral. The ban on the sale of his Book and DVD will be lifted
and he will not be faced with an expensive Trial.

I didn"t think the McCanns would go through with a Trial because even if they were awarded the 1.2 million
Euros, no way could Amaral pay it so they would save the Fund Legal and Travel expenses. Also, with the
recent bad publicity about the alleged £300,000 paid to Halligen wasting yet more money on a lengthy
Trial would not look good for the McCanns .

We need a Portugese person to translate properly and I"m sure someone will come forward by the end of the day, posters are so very helpful.

Thank you, Beattie

But Amaral WANTS them in a court room.
Or not?
A court room, important enough to provide headlines for the british press.
To let the truth out.
And to force the ministry to re-open the case.

Kazlux wrote:Good morning.

I think that's a google-eese misunderstanding. As far as I know, this is simply the beginning of hearings in the appeal against the injunction.

Hi Kazlux

I had already posted when I saw yours. So it is Amaral going to the Appeal Court, why would the McCanns need
to be there?

Here, on Joana Morais sites:

http://joana-morais.blogspot.com/2009/12/mccann-couple-to-attend-amarals-trial.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+JoanaMorais+%28Joana+Morais%29

McCann Couple to attend Amaral's Trial
1 December 2009 | Posted by Joana Morais Leave a Comment
The McCann Couple should be in Lisbon, on the 11th of December, when the complaint against the former Judiciary Police Inspector will begin to be judged.

by Alexandra Serôdio

The Lisbon Civil Court will begin to judge on the 11th the interlocutory proceedings which opposes the McCann family against the former PJ inspector Gonçalo Amaral. The process still involves a book publisher [Guerra e Paz, Editores, SA], a TV channel [Prisa's TVI] and a media production company [Valentim de Carvalho].

Kate and Gerry McCann should attend the first day of trial, given that they are committed to continue the search for their daughter Madeleine who disappeared on the 3 May 2007, from the room where she slept in the Ocean Club in Praia da Luz (Lagos). A presence that is not confirmed by the Portuguese lawyer, Isabel Duarte, but by sources close to the couple who affirm their presence as certain.

The trial has as basis the interlocutory injunction brought in May by the McCanns and on behalf of their three children, Sean, Amelie and Madeleine, which intended to remove from the market the book "The Truth of the Lie" and the documentary based on the same book. As well they seek to put an end to the commercialization of the book copyrights by the publisher company Guerra e Paz abroad, and also to prohibit the now retired from the Judiciary Police, Inspector Gonçalo Amaral, to speak publicly about his theory of the case.

Justifying their temporary injunction with the fact that they wish to «guard themselves against future injuries of their rights, or the worsening of the already injuries», the McCann allege that the divulgation of the book and the DVD «deepens their suffering» and «harms the search for Madeleine».

The allegations made by the McCanns, led a judge of the 13th Civil Court of Lisbon [judge Amélia Puna Loupo] in September to decree the banning of the book and DVD sales, as well as to prohibit Gonçalo Amaral to make any comments, written or verbal, that defend the thesis of Madeleine's death or the concealment of her body by the parents.

Opposing to the interlocutory proceedings, Gonçalo Amaral's lawyer, asks for its revocation, arguing that «the prohibition is based on facts that are not truthful» and that «were deliberately misrepresented in order to achieve the desired outcome measure».

According to António Cabrita, the former PJ Inspector «does not defend the thesis» of Maddie's death nor the concealment of her cadaver by her parents. «At no excerpt or passage in the book does Gonçalo Amaral attribute to Kate or Gerry McCann, or to anyone else, the homicide and the cadaver concealment of their daughter Madeleine», nor «in any of the interviews given by him does he ever emphasizes that Maddie's parents killed her or concealed her body».

The lawyer said that the thesis put forth in the book «does not attempt against the image, the good name of the McCanns, let alone treat them in a way that could be considered degrading, cruel or inhumane». He also said that Amaral only comments on the results of the investigation already divulged through the CD made by the Prosecutor's Office in Portimão.

source: Jornal de Noticías

That I don't know Beattie. It ties in with the McCanns saying they will return to Portugal before the end of the year though.

Perhaps the judge wants to hear the McCanns, after all they brought the case. And I suppose there will be witnesses for Amaral as well.

Joana Morais has posted:

McCann Couple to attend Amaral's Trial
1 December 2009 | Posted by Joana Morais Leave a Comment
The McCann Couple should be in Lisbon, on the 11th of December, when the complaint against the former Judiciary Police Inspector will begin to be judged.

by Alexandra Serôdio

The Lisbon Civil Court will begin to judge on the 11th the interlocutory proceedings which opposes the McCann family against the former PJ inspector Gonçalo Amaral. The process still involves a book publisher [Guerra e Paz, Editores, SA], a TV channel [Prisa's TVI] and a media production company [Valentim de Carvalho].

Kate and Gerry McCann should attend the first day of trial, given that they are committed to continue the search for their daughter Madeleine who disappeared on the 3 May 2007, from the room where she slept in the Ocean Club in Praia da Luz (Lagos). A presence that is not confirmed by the Portuguese lawyer, Isabel Duarte, but by sources close to the couple who affirm their presence as certain.

The trial has as basis the interlocutory injunction brought in May by the McCanns and on behalf of their three children, Sean, Amelie and Madeleine, which intended to remove from the market the book "The Truth of the Lie" and the documentary based on the same book. As well they seek to put an end to the commercialization of the book copyrights by the publisher company Guerra e Paz abroad, and also to prohibit the now retired from the Judiciary Police, Inspector Gonçalo Amaral, to speak publicly about his theory of the case.

Justifying their temporary injunction with the fact that they wish to «guard themselves against future injuries of their rights, or the worsening of the already injuries», the McCann allege that the divulgation of the book and the DVD «deepens their suffering» and «harms the search for Madeleine».

The allegations made by the McCanns, led a judge of the 13th Civil Court of Lisbon [judge Amélia Puna Loupo] in September to decree the banning of the book and DVD sales, as well as to prohibit Gonçalo Amaral to make any comments, written or verbal, that defend the thesis of Madeleine's death or the concealment of her body by the parents.

Opposing to the interlocutory proceedings, Gonçalo Amaral's lawyer, asks for its revocation, arguing that «the prohibition is based on facts that are not truthful» and that «were deliberately misrepresented in order to achieve the desired outcome measure».

According to António Cabrita, the former PJ Inspector «does not defend the thesis» of Maddie's death nor the concealment of her cadaver by her parents. «At no excerpt or passage in the book does Gonçalo Amaral attribute to Kate or Gerry McCann, or to anyone else, the homicide and the cadaver concealment of their daughter Madeleine», nor «in any of the interviews given by him does he ever emphasizes that Maddie's parents killed her or concealed her body».

The lawyer said that the thesis put forth in the book «does not attempt against the image, the good name of the McCanns, let alone treat them in a way that could be considered degrading, cruel or inhumane». He also said that Amaral only comments on the results of the investigation already divulged through the CD made by the Prosecutor's Office in Portimão.

source: Jornal de Noticías http://joana-morais.blogspot.com/2009/12/mccann-couple-to-attend-amarals-trial.html

MJH1901, now we have a douple-post

I notice it was a Female judge who ordered the injunction, obviously swayed by the inclusion of Madeleine, Sean and Amelie and the "suffering" of the McCanns. Lets hope a more impartial Judge presides this time, at
least Amaral will have the opportunity to defend himself.

Do we know how much has been raised so far for Amaral"s Fund?

Lilemor wrote:MJH1901, now we have a douple-post

Oops!

Beattie wrote:I notice it was a Female judge who ordered the injunction, obviously swayed by the inclusion of Madeleine, Sean and Amelie and the "suffering" of the McCanns. Lets hope a more impartial Judge presides this time, at
least Amaral will have the opportunity to defend himself.

Do we know how much has been raised so far for Amaral"s Fund?

Isn´t it the same judge till end of the process?

Here in Bararia it is, for example when the matter is a divorce.
Because the judge is "familiar" with the special matter.

Lilemor,

I really don"t know. Here each party has their own Lawyer who presents the case in Court and the Judge
makes the decision or a Jury. I think the injunction was made by 1 Judge, but in a proper trial I think there
are three judges under Portugese Law, plus Juries.

It will take months before we get to Trial stage this is probably just a preliminary hearing so that Amaral can
have his say.

I hope the McCanns get what they deserve and Mr Amaral comes out the winning party.

welshy wrote:I hope the McCanns get what they deserve and Mr Amaral comes out the winning party.

Don"t we all !!!! When the U.K. Press get to know of this I wonder how sympathetic they will be towards the
McCanns, knowing they have wasted all this money on searches and now trying to get 1.2 million Euros from a Man who is Broke.

I will stand by what i said before a few months ago, there will be ONE reason why the mccanns will got back to portugal and that is MONEY.

£1m......not their daughter but £1m and if that means that have to go to PDL to get it....THEY WILL, after all, a days booing and 1m pay packet...it will be worth it for them

I'm getting confused in my poor little head Is this about the 1,2 million or about the banning of the book? I thought they were 2 different things. Are we raising money for Amaral for the trial to come now, or for the seperate hearing for 1,2 million?

Christine wrote:I'm getting confused in my poor little head Is this about the 1,2 million or about the banning of the book? I thought they were 2 different things. Are we raising money for Amaral for the trial to come now, or for the seperate hearing for 1,2 million?

Don´t they want the sum for the damage Amaral caused?
Or is the sum a threat which should prevent Amaral going to court?
My poor little head is confused, too.