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Sky Live Transcript Libel Case..............complete

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Post  Alpine Aster Tue 12 Jan - 17:54

Day One full Transcript from 8.40am till 5.29pm.

8:40 : Good morning, i’m outside the palacio da justica in lisbon where the mcann libel trial will take place.

9:03 : Camera crews and photographers are gathering outside the court.

9:05 : The police have put barriers up outside the court entrance - they're obviously expecting large crowds.

9:52 : The McCanns have arrived at court. Word so far is that Goncalo Amaral is still yet to get here

10:20 : We're in court awaiting the arrival of the judge and legal teams. The McCanns are sitting in the front row at the centre.

10:23 : We're sitting two rows behind the McCanns. The benches at the back of the courtroom are full of journalists from the UK and Portugal.

10:25 : The legal teams have arrived. Goncalo Amaral is sitting on one of the benches at the side of the court, around 15ft away from the McCanns.

10:28 : On the wall above the judge's chair is a large 3D frieze depicting the judgement of Solomon - complete with baby being held up by swordsman.

10:36 : A clerk carrying a large bundle of files has just come in, but we're still waiting for the judge.

10:39 : The judge has arrived - a young woman! Proceedings should now be able to get under way.

10:41 : One of the policemen set to give evidence will do so by video link tomorrow, we are told.

10:46 : Mr Amaral's lawyer addresses the court, speaking very slowly and deliberately.

10:47 : He is declaring the 'principle of contradiction' - the legal basis for Mr Amaral's argument to be made

10:47 : Mr Amaral's lawyer has said that the McCanns should take the stand in order to answer questions

10:51 : The McCanns' lawyer replies that the couple are prepared to give evidence but only after Mr Amaral has done so.

10:52 : The McCanns are having proceedings translated by interpreters seated either side of them.

11:00 : A new witness, Luis Frois, is being called by the McCanns' legal team on a date to be scheduled on the 14th

11:01 : The mention of 'a date to be scheduled on the 14th' indicates proceedings are set to last longer than the three days set for them.

11:07 : Mr Amaral's lawyers want a CD containing police case files to be submitted as evidence because it would corroborate the claims in his book.

11:11 : The McCanns' lawyer is arguing against allowing the police CD to be submitted to the court.

11:20 : The first witness is being called by videoconference.

11:23 : It is the attorney who was in charge of the original inqury into Madeleine's disappearance, Jose Magalhaes e Menezes

11:25 : His testimony is marred by a high-pitched whine of feedback from the microphone - and the fact the screen can't be seen by the public

11:26 : The McCanns can't see the person giving evidence. Mr Amaral can, but doesn't seem to be looking at him.

11:26 : Mr Amaral's lawyer is cross-examining the witness.

11:37 : Mr Menezes is saying that English police sniffer dogs were brought to Portugal to help in the search for Madeleine.

11:38 : He says that the decision to make the McCanns 'arguidos' - suspects - was taken by the police and then confirmed by the public attorney.

11:39 : The decision to designate Kate and Gerry as 'arguidos' was taken after the sniffer dogs carried out their searches.

11:40 : There were several possible charges that could have been brought against the McCanns: kidnapping and selling a child were among them. s.

11:48 : The witness was asked what the probability was of Madeleine still being alive. He replied that he thought it was 50/50.

11:55 : Mr Menezes said that a claim made by the McCanns on the first day after Madeleine's disappearance was not true

11:57 : He claimed that although the parents had been checking on Madeleine, it was not as often as every 30 minutes

11:56 : The witness said that Kate and Gerry's report that they had been checking on their daughter every half an hour was inaccurate

12:01 : Police intercepted text messages sent by the McCanns because they were suspicious of the parents' role in Madeleine's disappearance.

12:02 : The text messages sent by Kate and Gerry were never admitted as evidence gathered as part of the investigation.

12:08 : Mr Menezes said he has not read the book written by Mr Amaral that triggered this case, Maddie: The Truth Of The Lie.

12:18 : A report signed by Chief Inspector Tavares De Almeida said that Madeleine died in the flat in Praia da Luz, the witness adds.

12:19 : Now it's the turn of the McCanns' legal team to cross-question the witness.

12:24 : The McCanns' lawyer makes the point that 'evidence' usually sightings - has suggested Madeleine is still alive

12:25 : He says that the McCanns are not responsible for generating any of this 'evidence' that their daughter is not dead.

12:26 : Another of the McCanns' lawyers moves to quiz the witness - literally. She gets out of her seat and walks right up to the video screen

12:33 : She says that the McCanns were always totally prepared to come back to Portugal to take part in a reconstruction of the disappearance

12:34 : The McCanns' lawyer asks the witness whether he understands the title of Mr Amaral's book to imply some sort of dishonesty by the McCanns.

12:38 : Who suggested the checking of the McCanns' text messages, Mr Menezes is asked. The police, he replies.

12:39 : The text messages were never considered as part of the investigation because the judge did not allow it, the court hears

12:45 : The senior lawyer for the McCanns has approached them on the front bench of the public gallery for a quick huddled conversation.

12:48 : Tavares de Almeida, chief inspector of police at the time of Madeleine's disapperance, has taken the stand to give evidence.

12:48 : He was involved in the case from the beginning, but taken off it in September 2007.

12:51 : Mr de Almeida tells the court that he is still working as member of the Portuguese police.

12:52 : He tells the court that British police took an active part in the investigation.

12:53 : He said the Portuguese detectives found the co-operation given by their British counterparts useful.

12:54 : The British police told the Portuguese officers what the capabilities of the sniffer dogs being used in the investigation were.

12:56 : One of the dogs used to search the apartment in Praia da Luz identified blood and another identified the smell of a human body.

12:58 : The dogs detected the traces inside the dining room of the holiday flat and in the car the McCanns were using.

1:02 : The animals also found a scent on a piece of cloth in a flat rented by the McCanns after they left the apartment where Madeleine vanished.

1:11 : A report by the British police stated that one of the sniffer dogs was in a nervous, excitable state, and wanted to get into the room.

1:34 : British police would have found it very difficult to charge the mccanns.

1:35 : De almeida: we were controlled by the british police.

1:36 : De almeida: british police kept information about the mcanns to themselves.

1:39 Forensic lab technicians from birmingham came to portugal so it is strange concerns were raised about contamination.

1:53 : De almeida: british authorities other than police hindered investigation by withholding information.

1:54 : De almeida: when we asked uk for info on mccanns we got a single side of a4.

2:05 : The mcanns' lawyer is getting quite worked up in her cross examination of de almeida.

2:09 : The mcanns' lawyer is rebuked for saying de almeida was accused of torturing suspects - he was never charged.

3:28 We're back in court. The mcanns are here but mr amaral is missing.

3:29 Mr amaral has just walked in and we're under way.

3:33 Inspector ricardo paiva, of the portuguese police, has taken the stand.

3:34 Insp paiva says he was the family liaison officer for the case but was taken off at the mcanns' request.

3:45 Paiva is asked whether he ever got the impression from the mccanns they thought maddie could be dead. He says yes.

3:47 Kate whispers something in gerry's ear and gives him a little smile. He stays looking straight in front.

3:52 Gerry has put his arm round kate as they listen to paiva's testimony

4:03 Paiva also says the mccanns were made suspects after the british sniffer dogs were brought in

4:04 Paiva: there was total collaboration between british and portuguese police on the case

4:09 Paiva: it was scotland yard who first thought it could be a murder case.

4:09 Paiva: amaral's theories are based on the facts of the investigation

4:12 Paiva: amaral's thesis has prevented other theories from being investigated.

4:13 Paiva: mccanns never pointed me towards any evidence that maddie was still alive.

4:16 Mr amaral looks like he's dozing off

4:29 Paiva: we found the 'merchandising' operation with wristbands and so on very strange

4:31 Paiva: if she was being held somewhere publicity would be more likely to hasten her death.

4:55 The mcanns' lawyer is taking an aggressive tone as she cross-examines mr paiva

5:08 Proceedings have ended for today.

5:11 Some confusion here- that wasn't the end of proceedings, just a break before today's final witness.

5:29 Ok, that's all we have time for. Back tomorrow morning.

Last edited by Alpine Aster on Thu 14 Jan - 18:25; edited 3 times in total
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Post  Alpine Aster Wed 13 Jan - 17:20

Transcript Day Two from 9.54am till 5.41pm.... from 4.47pm to 5.10pm Gerry's Transcript at the Press Conference.

9:54 jondipaolo: Kate and gerry mcann are sitting outside the court, only a few yards away from where mr amaral and his team are standing.

9:59 jondipaolo: Gerry mccann outside court: we've heard no evidence madeleine is dead.

10:00 jondipaolo: Gerry mccann: we're not denying the existence of the dogs, or anything else. It's evidence we're interested in.

10:02 jondipaolo: Gerry mccann: this is the legal process we're going through to protect our daughter. We're looking for more information to help the search.

10:03 jondipaolo: Gerry mccann: anyone else with children would do the same.

10:15 jondipaolo: Mr amaral claimed victory outside court, saying the witnesses had borne out his argument.

10:38 jondipaolo: We're back in court. The first witness is moita flores, former senior policeman and noted public figure

10:41 jondipaolo: Flores: this case involves a question of freedom of speech.

10:44 jondipaolo: Flores is an acquaintance of amaral's and wrote the preface to the sequel to his book about madeleine.

10:50 jondipaolo: Flores: PJ investigation was based on well-established principles of police work adhered to all over the world.

10:54 jondipaolo: Flores: mcanns have been trying to convince police since the beginning that abduction was the only line of inquiry worth pursuing.

11:02 jondipaolo: Flores: I have spoken to respected experts on crime and none of them agrees it would be possible to pass a child through the window

11:03 jondipaolo: Flores: It is not possible to ask an investigator anywhere in the free world to follow the abduction line only.

11:03 jondipaolo: Flores: We would all like to find Madeleine alive, but that is another thing.

11:03 jondipaolo: Flores: Our constitutional rights cannot be attacked.

11:05 jondipaolo: Flores: The good name of the McCann family is not attacked by Mr Amaral's book. The book is about the investigation.

11:11 jondipaolo: As on the first day of the case, the McCanns are sitting on the front bench, listening impassively to the proceedings

11:12 jondipaolo: Flores: No judge should be able to order people not to think about a case just because the police investigation has ceased,

11:17 jondipaolo: Flores: No-one should be allowed to steal our constitutional rights - rights that were very hard to win. That is what this trial is about.

11:24 jondipaolo: Mr Flores is being cross-examined by a lawyer from a Portuguese television company that aired a documentary based on Mr Amaral's book.

11:26 jondipaolo: Flores: It is not true to say that the police only pursued the line of inquiry that the McCanns were guilty.

11:26 jondipaolo: Flores: Many, many hours were spend by officers checking out every other possible line of inquiry.

11:27 jondipaolo: Flores: A detective has to think about what went through the head of the victim and the criminal.

11:30 jondipaolo: Flores: It would have been a very stupid person who tried to pass a sleeping child through the window of the McCanns' holiday flat.

11:30 jondipaolo: Flores: The theory about passing the child through the window makes it seem as though someone is trying to fool the police.

11:41 jondipaolo: The McCanns' lawyer, Isabel Duarte , is repeating the same question to Mr Flores. Yesterday, she became quite impassioned on their behalf.

11:42 jondipaolo: The McCanns are both in conversation with their interpreters. Gerry however looks relaxed and smiles as he talks.

11:47 jondipaolo: Flores: I worked in a different part of the police to Mr Amaral but I know him from the investigation and I respect him a lot.

12:00 jondipaolo: Isabel Duarte, the McCanns' top lawyer, leaves the bench and approaches the couple for a quick huddled chat before returning to the fray.

12:04 jondipaolo: Flores: This case is pathetic. A citizen is being prevented from freely expressing his opinions in a reponsible way.

12:06 jondipaolo: Flores: The McCanns have every right to do everything they can beyond what the Portuguese police did in order to find their daughter.

12:12 jondipaolo: Flores: The documentary (based on Mr Amaral's) book is a hypothesis that believers take to be the truth.

12:13 jondipaolo: Flores: The book is autobiographical, it traces a period of Mr Amaral's life.

12:16 jondipaolo: Flores: Sections of the British media spread propaganda about Mr Amaral.

12:20 jondipaolo: Glamorous judge Maria Gabriela Cunha Rodrigues halts the cross-examination of Mr Flores by the McCanns' lawyer, saying it is not relevant.

12:22 jondipaolo: Flores: It was a scandal to see such nasty portraits painted of the Portuguese investigators by the British media.

12:27 jondipaolo: Flores: Mr Amaral was the victim of a smear campain. He is a good professional with a good technical background

12:27 jondipaolo: Flores: Mr Amaral was the co-ordinator of the investigation. He was not in the field.

12:40 jondipaolo: Duarte: What does the title of the book (by Mr Amaral) mean? Flores: The book is a thesis, not the absolute truth.

12:41 jondipaolo: The proceedings have adjourned for lunch. Back in an hour's time.

2:30 jondipaolo: Waiting outside the courtroom for the afternoon's proceedings to begin. Mr Amaral is here too, chatting on a mobile phone.

2:41 jondipaolo: We're back in the courtroom, as are the legal teams, Mr Amaral and the McCanns. No sign of the judge yet though.

2:42 jondipaolo: We're expecting to hear from three witnesses involved in the publishing of the book this afternoon.

2:57 jondipaolo: Judge Maria Gabriela Cunha Rodrigues has arrived, so the afternoon's proceedings can begin.

3:00 jondipaolo: Jose Manuel Enes, a former forensic laboratory chief in the Portuguese police, is the next witness.

3:00 jondipaolo: Mr Enes is giving evidence in person, rather than via video link as Mr Flores did this morning.

3:00 jondipaolo: Mr Enes has an associateship in chemistry and a doctorate in anthropology, but has now retired from the police force.

3:04 jondipaolo: Mr Enes was interviewed by a Portuguese journalist for a book about Madeleine's disappearance

3:12 jondipaolo: Mr Enes says that the immense media interest in the Madeleine case was unhelpful for the investigators trying to solve it.

3:13 jondipaolo: Mr Enes compared the Madeleine McCann case to that of OJ Simpson, saying that allegations of contamination of evidence had compromised it.

3:15 jondipaolo: Mr Enes' phone has just gone off, drawing laughter from the court. The judge is smiling too as the clerk has to turn it off for him

3:15 jondipaolo: Mr Enes tells the court he has been called to give evidence in several courts and

3:17 jondipaolo: Sorry, that tweet should have read: Mr Enes tells the court he has been called to give evidence in several other cases as an expert witness.

3:17 jondipaolo: Mr Enes says his conclusions are often relied upon completely by the courts in which he gives evidence.

3:22 jondipaolo: Mr Enes: I strongly respect the convictions and work of Mr Amaral.

3:22 jondipaolo: Mr Amaral has suddenly got up and walked out of the courtroom, causing a murmur among the onlookers on the public benches.

3:37 jondipaolo: Mr Amaral has left the court building, stopping to give a few comments in Portuguese before climbing into a waiting car.

3:39 jondipaolo: Mr Amaral said he was pleased with Mr Flores' testimony earlier, adding that for the first time it had been explained why he wrote the book.

3:39 jondipaolo: Mr Amaral added that he wrote the book to protect his honour and set the record straight.

3:40 jondipaolo: The former policeman said what he described as a campaign against him in the British press is continuing.

3:40 jondipaolo: He added that he had only this morning been described as 'incompetent' in one British newspaper.

3:43 jondipaolo: Right. Back to the courtroom. Mr Enes is still giving evidence.

3:45 jondipaolo: Mr Enes says the Madeleine investigation was the victim of 'friendly fire' from the media that hampered its course.

3:47 jondipaolo: Mr Enes says that just because people put forward their own theories, it does not prevent other lines of inquiry being investigated

3:49 jondipaolo: Mr Enes: Some parts of the book were put too strongly - it's not the way I would have done it, but that's because I'm from another era...

3:49 jondipaolo: ...the course of justice should not be diverted by books or films, it should be deaf and blind to them.

3:52 jondipaolo: Mr Enes has left the witness stand, and has been replaced by Mario Sena Lopes, former chief editor at the book's publisher, Guerra e Paz

4:01 jondipaolo: Mr Lopes tells the court that Mr Amaral's book had been ready to publish in the last week of July 2008

4:01 jondipaolo: The book was published very quickly to take most advantage of marketing opportunities, the court hears.

4:05 jondipaolo: The marketing plan for the book was much smaller than normal, because we are a small publisher, Mr Lopes tells the court.

4:46 jondipaolo: Sorry about the pause - we had a brief intermission during which Gerry McCann left the court.

4:47 jondipaolo: Mr McCann held an impromptu press conference outside the front of the court where he was beseiged by journalists' questions.

4:50 jondipaolo: He explained that he was leaving the court case as he had unavoidable work commitments in the UK, but that Kate would stay on until the end.

4:50 jondipaolo: Despite the avalanche of testimony favouring Mr Amaral over the past two days, Mr McCann seemed to be quite upbeat.

4:50 jondipaolo: "I think it's important that things have been debated in a court of law," he told reporters.

4:50 jondipaolo: "From our point of view, what happened here in the past few days is to be expected."

4:58 jondipaolo: "I think it's particularly disappointing that the police officers who considered us responsible for Madeleine's disappearance...

4:59 jondipaolo: "...are the same officers that we are depending on to carry on the search for Madeleine."

4:59 jondipaolo: "The search for Madeleine is ongoing. We don't have any leads and we need to keep searching."

5:01 jondipaolo: Mr McCann added that mistakes were made during the investigation that now cannot be righted - but that was not the point of the court case.

5:04 jondipaolo: "We made a mistake by leaving Madeleine alone in the apartment, and we have to live with that. We can't change it," Mr McCann said.

5:04 jondipaolo: He also rejected the testimony yesterday that Kate had had a dream about Madeleine lying buried somewhere, saying "that never happened"..

5:07 jondipaolo: "I hope that everyone remembers that there is a little girl missing that still has to be found," Mr McCann continued.

5:07 jondipaolo: "That's why we carry on. We have other children who miss Madeleine dearly."

5:09 jondipaolo: He added that although the testimony had favoured Mr Amaral's version of events, it still had not produced any evidence Madeleine was dead.

5:10 jondipaolo: Mr McCann also rejected the charge that the trial was a bid to restrict freedom of speech, as has been claimed by Mr Amaral's supporters.

5:41 jondipaolo: That's the last update from court for today. Back tomorrow morning.

Last edited by Alpine Aster on Thu 14 Jan - 23:29; edited 1 time in total
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Post  Alpine Aster Thu 14 Jan - 18:23

Day Three Transcript 14.1.2010. from 9.23am till 6.13pm

6:13 jondipaolo: Proceedings are finished and will start again on the 10th of February.

6:13 jondipaolo: Teixera: Firstly, audiences; secondly, to get two versions of the case; thirdly, to prevent rival channel SIC getting the audience share.

6:11 jondipaolo: TeFirstly, audiences; secondly, two versions of the case; thirdly, to prevent rival channel SIC getting the audience share.

6:10 jondipaolo: Teixera: There are three main reasons to broadcast both documentaries.

6:08 jondipaolo: Teixera: All this means that TVI did everything it could to broadcast the documentary.

6:06 jondipaolo: TVI tried to stop the broadcast by SIC but their attempt was rebuffed by a court.

6:06 jondipaolo: Teixera: We then acknowledged that another Portuguese channel, SIC, was going to broadcast the documentary.

6:04 jondipaolo: Teixera: We requested via their lawyer that the McCanns take into consideration the fact that TVI is Portugal's biggest broadcaster.

6:00 jondipaolo: Teixera: A few days later we received a call from Channel 4 saying the documentary was not to be sold to TVI because the McCanns opposed it.

5:26 jondipaolo: Teixera: They signed the deal to screen the Channel 4 documentary, but a time slot was not assigned. It was pencilled in for 9.15pm.

5:23 jondipaolo: She tells the court that the channel's general programme director had wanted to buy the Channel 4 documentary on the mccanns.

5:21 jondipaolo: We're back in court and Ana Teixera, international programming director for TVI, is the next witness to take the stand.

4:58 jondipaolo: Kate mccann has left court. She said she believes in portuguese justice and these proceedings will go a long way to help find madeleine.

4:47 jondipaolo: Proceedings have been put on hold for a short break.

4:26 jondipaolo: The McCanns' lawyer, Isabel Duarte, is cross-examining Mr Soares on the subject of the channel's decision-making.

4:05 jondipaolo: Soares: The marketing and communication plan was unaffected by the version chosen.

4:03 jondipaolo: Soares: We had allocated a specific time slot to broadcast a documentary about Madeleine - whether it was the British or Portuguese version.

4:01 jondipaolo: Soares: That's why we chose the Portuguese documentary instead.

4:01 jondipaolo: Soares: The deal with Channel 4 would have restricted the amount of time available for us to broadcast the documentary.

3:59 jondipaolo: Soares: Channel 4 bought the rights to the documentary, which covered its broadcast in Portugal.

3:56 jondipaolo: Soares: Suddenly, the production firm lost interest in selling the documentary, because the McCanns didn't want it broadcast on our channel.

3:48 jondipaolo: Soares: Though there were lots of cameras in the Algarve there was no in-depth analysis of the case.

3:47 jondipaolo: Soares: I heard the McCanns were involved in the production of the documentary.

3:45 jondipaolo: Soares: I did not know what material the British documentary contained.

3:44 jondipaolo: Soares: I took the email in to the usual weekly executive meeting in order to decide whether or not to buy it.

3:42 jondipaolo: Soares: I received an email from a British production company advising me that they were going to produce another documentary on Madeleine.

3:39 jondipaolo: Soares: We tried to buy the documentary produced by (British) Channel 4 but were unable to.

3:36 jondipaolo: The next witness to take the stand is Paulo Soares, another executive from TVI.

3:36 jondipaolo: Mr Velho's testimony has ended and he has left the court.

3:34 jondipaolo: Velho: Because we wanted a documentary about the case.

3:34 jondipaolo: Duarte: Why was your channel interested in the documentary?

3:34 jondipaolo: Velho: No.

3:31 jondipaolo: Duarte: Did you kow the content of the documentary before it was broadcast?
Thursday January 14, 2010 3:31 jondipaolo

3:29 jondipaolo: Mr Velho: No, I didn't know that.

3:29 jondipaolo: Duarte: Did you know that the documentary was broadcast on Madeleine's birthday?

3:29 jondipaolo: Mr Velho: Not very many people saw the Oprah interview because it was broadcast on cable television.

3:26 jondipaolo: Isabel Duarte (McCann lawyer): How many people in Portugal saw the Oprah interview with the McCanns?

3:24 jondipaolo: Mr Velho: The amount of people who saw the documentary based on the book was far smaller than the audience for the McCanns' Oprah interview.

3:23 jondipaolo: Luis Cunha Velho, from Portugal's biggest TV channel, TVI, has taken the witness stand.

3:17 jondipaolo: Kate McCann and Fiona Payne have returned to the courtroom and resumed their positions on the bench at the front of the public seating.

3:01 jondipaolo: Ms Duarte also said she has made a an official complaint to the police about Mr Amaral, alleging that he has abused the legal aid system.

3:01 jondipaolo: However, it should be easy to tell who has won - by seeing whether Mr Amaral's book goes back on sale.

2:59 jondipaolo: The final verdict in this preliminary hearing will be released to the lawyers on each side but will not be made public.

2:59 jondipaolo: The judge may make a decision after hearing the two extra witnesses on February 10, or she may take more time to consider her verdict.

2:58 jondipaolo: This week's hearings are only to decide whether the temporary injunction should be sustained, ahead of a main trial for the full injunction.

2:58 jondipaolo: The McCanns' senior lawyer, Isabel Duarte, said during the lunchtime break that this is only the first part of the injunction process.

2:54 jondipaolo: The court has re-started for the afternoon session - but Goncalo Amaral, Kate McCann and Fiona Payne are all absent.

1:49 jondipaolo: Amaral has denied a report that he swore when speaking about the mccanns yesterday.

1:43 jondipaolo: Amaral says that if he loses this case he will appeal to the supreme court and the european court of human rights.

1:39 jondipaolo: There will be a further hearing in this case on february 10 when two more witnesses are being called.

1:37 jondipaolo: Isabel duarte: the amaral side is trying to do in civil court what it could not do in criminal court.

1:36 jondipaolo: Isabel duarte: we knew we would open a pandora's box and that we had to face the enemy.

1:34 jondipaolo: Kate mccann says having her friend fiona payne here has been a big support.

1:33 jondipaolo: Kate mcann outside court: it has been shown again that there is no evidence to support amaral's claims.

12:35 jondipaolo: Proceedings are breaking up for lunch.

12:32 jondipaolo: Mr da Silva has finished giving evidence and left the courtroom.

12:31 jondipaolo: Mr da Silva: Because I was telling a story.

12:29 jondipaolo: Mr da Sliva: Because I was telling a story.
Thursday January 14, 2010 12:29 jondipaolo

12:29 jondipaolo: Isabel Duarte: Why didn't you include the public attorney's verdict that the conclusions arrived at by the investigators were incorrect?

12:23 jondipaolo: Ms Duarte, the McCanns' top lawyer, then asks how Mr da Silva can say Mr Amaral's book was based on the case, if he hasn't read the file.

12:23 jondipaolo: Isabel Duarte asks Mr da Silva whether he has seen the official case files. He says no.

12:17 jondipaolo: Mr da Silva: In my opinion, the documentary does not provide the last word on the case. Its conclusion calls for further investigation.

12:07 jondipaolo: Mr da Silva: When we carried out a reconstruction I realised Mr Amaral's frustration at the McCanns' account of Madeleine's disappearance.

12:02 jondipaolo: Mr da Silva: When we consider making a new film we think in terms of profits, as we are a commercial company.

11:59 jondipaolo: Mr da Silva: The documentary is based on the book. I didn't add anything else.

11:57 jondipaolo: Mr da Silva appears uncomfortable under the line of questioning he is facing.

11:56 jondipaolo: Mr da Silva: Mr Amaral's theory is that the McCanns hid Madeleine's body.

11:54 jondipaolo: Mr da Silva: It was crucial that Mr Amaral was involved in the production of the documentary.

11:49 jondipaolo: Mr da Silva: We reconstructed some scenes in order to facilitate the understanding of the events surrounding Madeleine's disappearance.

11:48 jondipaolo: Mr da Silva says he has a professional relationship with Mr Amaral.

11:47 jondipaolo: Carlos Coelho da Silva, TV director at VC Films, the production company behind the film based on the Amaral book, has taken the stand.

11:45 jondipaolo: Mr Amaral has left the court building through the back entrance.

11:37 jondipaolo: Mr Amaral has got up and left the courtroom without any explanation.

11:30 jondipaolo: The judge is sitting slumped in her chair, her chin resting on one hand as she listens to the exchanges between Ms Duarte and Mr Santos.

11:25 jondipaolo: Mr Santos says he doesn't remember. Ms Duarte says she finds this strange.

11:25 jondipaolo: The McCanns' lawyer, Isabel Duarte, asks Mr Santos if he remembers the colour of the first page of the police investigation file.

11:17 jondipaolo: Mr Santos: Pirate copies of the documentary based on Mr Amaral's book were put on the internet and a copyright complaint was made to police.

11:14 jondipaolo: Mr Santos: The facts of the investigation can be found on the internet and are available to everyone.

11:11 jondipaolo: Mr Santos: But up to now, none of the information published by the media has been strong enough to make the police re-open the case.

11:10 jondipaolo: Mr Santos: If there is evidence that Madeleine has been seen, then the investigation will be re-opened.

11:09 jondipaolo: Mr Santos: There is no greater pain than losing a child.

11:08 jondipaolo: Mr Santos: I don't think the book or the documentary increased the pain felt by Madeleine's parents.

11:08 jondipaolo: Mr Santos: I am a father too. God prevent that I ever lose any of my children. I understand the pain felt by the McCanns.

11:06 jondipaolo: Mr Santos: Mr Amaral decided to publish the book to clear his professional reputation.

11:05 jondipaolo: Mr Santos: Mr Amaral was pursuing the truth, and only the truth, no matter what conclusions it led to.

11:04 jondipaolo: Mr Santos: Mr Amaral was given no support by his superiors in the Portuguese police.

11:04 jondipaolo: Mr Santos: Sections of the British media portrayed Mr Amaral as an alcoholic.

11:03 jondipaolo: Mr Santos is becoming quite impassioned and raising his voice as he gives his testimony.

11:02 jondipaolo: Mr Santos: While Mr Amaral was in charge of the investigation he came under attack from sections of the British media.

11:00 jondipaolo: The contract between the documentary maker, VC Films, and Mr Amaral was signed in March 2008.

10:58 jondipaolo: Mr Santos: Mr Amaral's personal honour prevented him from publishing the book before his retirement from the police force.

10:57 jondipaolo: Mr Santos: As a former policeman, I think Mr Amaral's conclusions are based on the evidence gathered during the official investigation.

10:53 jondipaolo: Mr Santos: Mr Amaral never accused the McCanns of guilt, either in the book or the documentary..

10:52 jondipaolo: Mr Santos: I read Mr Amaral's book and watched the documentary on television.

10:51 jondipaolo: Mr Santos is discussing the details of the contract between Mr Amaral and the makers of the documentary.

10:44 jondipaolo: She stresses that this trial is solely about the publication and distribution of the book and the documentary upon which it was based.

10:42 jondipaolo: The judge has stressed that this hearing is separate to the action being brought by the McCanns for £1m in damages.

10:39 jondipaolo: Mr Santos tells the court he considers himself an acquaintance of Mr Amaral's.

10:38 jondipaolo: Mr Amaral has arrived in court and has taken a seat in between two lawyers.

10:38 jondipaolo: He is also an ex-investigator for Portuguese police, making him a colleague of Mr Amaral's, although they worked in different departments.

10:36 jondipaolo: Mr Santos is a lawyer and general manager for the video production association, a nationwide industry body,

10:32 jondipaolo: The first witness is being called - Antonio Paulo Santos.

10:24 jondipaolo: Another notable absentee is Goncalo Amaral, the former policeman whose controversial book sparked the libel action.

10:24 jondipaolo: There are only eight or so people other than Mrs McCann, Mrs Payne and the McCanns' translators.

10:21 jondipaolo: There are far fewer people in the court today. Journalists, campaigners and members of the public packed the benches for the past two days.

10:20 jondipaolo: Mrs McCann is sitting on the front bench of the public seating with Fiona Payne, a close friend and member of the so-called 'Tapas Seven'.

10:18 jondipaolo: We're back in court and proceedings are under way. Kate McCann is here, but Gerry has flown back to the UK.

9:59 jondipaolo: Kate mccann: we need to find madeleine. That's why we're here.

9:58 jondipaolo: Kate mccann: i believe this was the right course of action. i have confidence in the portuguese justice system.

9:56 jondipaolo: Kate mccann: there were mistakes made in the investigation but we need to look forward really.

9:53 jondipaolo: Mrs mcann said she was still confident of winning the case.

9:53 jondipaolo: Kate mcann has arrived at court. She stopped briefly outside to speak to the waiting press pack.

9:35 jondipaolo: Cameras are out in force again outside the court today - interest in the trial shows no sign of waning.

9:26 jondipaolo: We've had rain every day so far - but this morning the sun has come up and cast a rainbow over the court building. A good omen for someone?

9:23 jondipaolo: Good morning. We're outside the courthouse for the third day of the mccann libel trial.
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Post  Susan Sun 14 Feb - 11:03

Sky Live Transcipt 10th February 2010 Libel Case.
8.55am to 6.24pm.

8:55 @hannahtp:
Wow. Portuguese police putting up serious crowd control barriers outside court. Must be expecting rowdy press.

9:26 @hannahtp:
Freedom of speech protesters at the #mccann court. They think the book should be published

9:40 @hannahtp:
McCanns have just arrived. Gerry said he expected this hearing would be the same as the last one.

9:41 @hannahtp:
Protesters were shouting loudly as they arrived. Kate had her hood up and was holding Gerry's hand.

9:49 @hannahtp:
#mccanns are inside court house and are smiling and look relaxed. I am about to go into court room.

10:00 @hannahtp:
Up and running in the #McCann court room now. Kate and Gerry have just walked in with lawyer Isabel Duarte.

10:04 @hannahtp:
Senior judge has just arrived. Looks like hearing is about to start.

10:13 @hannahtp:
Luis Froes is first to give evidence. He has been called by Mr Amaral's lawyers.

10:15 @hannahtp:
A lawyer from VC Films, the company that made a documentary based on Mr Amaral's book, will ask Froes six questions.

10:16 @hannahtp:
Froes is the general manager of VC Films.

10:23 @hannahtp:
Froes: VC Films were preparing to allow VC Multimedia to publish the documentary on DVD but once it was banned that did not happen.

10:27 @hannahtp:
Froes: VC Films were going to show the programme in France, Spain, Poland and Andorra, but could not after it was banned.

10:31 @hannahtp:
Pause in proceedings while judge checks documents.

10:33 @hannahtp:
McCann's lawyer Isabel Duarte also wants to check the documents brought by witness Luis Froes.

10:37 @hannahtp:
Froes has exlplained that a DVD of the film was made and given away in a special edition of a Portuguese daily newspaper.

10:38 @hannahtp:
Froes says around 10,000 copies of the DVDs were sold with the newspaper.

10:41 @hannahtp:
Remember, the film was based on Mr Amaral's book Maddie: The Truth Of The Lie, and is also subject to a temporary ban.

10:44 @hannahtp:
The atmosphere in court is quite muted. The evidence is very technical. Kate and Gerry are whispering with their PR representative.

10:50 @hannahtp:
The McCanns' lawyer Isabel Duarte's turn to question the witness now.

10:56 @hannahtp:
She is not impressed with the answers about when and why the film was broadcast. She is pressing Froes to be clearer.

11:01 @hannahtp:
Isabel Duarte wants to know why VC Films destroyed around 65,000 DVDs of the film after giving 10,000 away with a newspaper.

11:10 @hannahtp:
Eduardo Damaso, editor in chief of Portuguese daily newspaper Correio da Manha is next to give evidence.

11:12 @hannahtp:
It was his newspaper that gave away the DVDs of the documentary based on Mr Amaral's book.

11:13 @hannahtp:
Damaso: "There are other former investigators that have published books, mainly related with criminal cases."

11:15 @hannahtp:
Remember Damaso has been called by Goncalo Amaral's lawyers to support his case.

11:18 @hannahtp:
The lawyers are trying to establish Damaso's knowledge about the Madeleine investigation.

11:21 @hannahtp:
Damaso says he understands, as a journalist, that the case is not closed, but no further inquiries by the police since it was shelved

11:22 @hannahtp:
Very abruptly, court says it is finished with the two witnesses. Goncalo Amaral has left room.

11:23 @hannahtp:
The court is to break until 2pm, when we will hear the lawyers make their final arguments.

11:26 @hannahtp:
Legal experts and journalists huddle to discuss the morning's proceedings. It is agreed that the evidence was quite dry and technical.

11:27 @hannahtp:
It centred on trying to establish who exactly was responsible for the decisions to make, distibute and broadcast the film.

11:27 @hannahtp:
I'm off to see if anything is happening outside the court room.

12:39 @hannahtp:
Thanks for all your messages. Kate and Gerry said they were waiting with interest to hear the closing arguments this afternoon.

1:47 @hannahtp:
The McCanns have launched new criminal proceedings against TVI, a Portuguese tv station.

1:50 @hannahtp:
The McCanns' lawyer says the company that broadcast a documentary on Madeleine McCann have broken the terms of an injuction banning it.

1:54 @hannahtp:
The McCanns think TVI broke the injunction by continuing to discuss the content of a book written by Goncalo Amaral...

1:54 @hannahtp:
... as well as a documentary based on the book

2:04 @hannahtp:
Amaral just arrived. Speaking in Portuguese he said he was confident about the final legal arguments.

2:13 @hannahtp:
Kate, Gerry and their lawyer are not back at court yet. Press pack waiting outside eagerly for their return.

2:46 @hannahtp:
Kate and Gerry McCann have arrived back in the building but proceedings have started and they are not present.

2:49 @hannahtp:
Amaral's lawyer: Portuguese citizens must be concerned that a court may forbid Goncalo Amaral to talk or think about the case.

2:50 @hannahtp:
Cabrita, Amaral's lawyer: This is too serious.

2:52 @hannahtp:
Cabrita: Several journalists have published books about the Madeleine case. What is it about Goncalo Amaral's book?

2:52 @hannahtp:
Cabrita: Amaral has authority to talk about the case because he was the chief investigator.

2:54 @hannahtp:
Cabrita: Maybe there is a problem because what is written in the book is very close to the truth.

2:57 @hannahtp:
Cabrita is on his feet, gesturing to the court and occasionally brandishing papers.

3:00 @hannahtp:
Kate and Gerry are here now, sat behind me and listening intently.

3:04 @hannahtp:
Amaral's lawyer Antonio Cabrita: "The McCanns should not feel offended by the book, but by the prosecutors."

3:05 @hannahtp:
Cabrita: "I ask now, where is the offence? In the book or in the process?"

3:10 @hannahtp:
Cabrita: if the judge that decided on the injunction had read through the police process, we would not be here.

3:15 @hannahtp:
Cabrita is emphasising that the book contains the same facts as the police and prosecution files.

3:22 @hannahtp:
There is some laughter in the court as Cabrita makes quips during his speech.

3:26 @hannahtp:
Cabrita is holding a copy of the book as he talks. Amaral is sitting down next to him.

3:35 @hannahtp:
Cabrita: I refute the idea that any Portuguese citizen is forbidden to talk about this case.

3:37 @hannahtp:
Cabrita has finished. Someone tried to applaud. Amaral has left the court room.

3:38 @hannahtp:
The lawyer for the publisher of Amaral's book is speaking now.

3:41 @hannahtp:
Publisher's lawyer: The media were used by the couple in order to serve their own purpose

3:46 @hannahtp:
Publisher's lawyer is repeating many of the points made by Amaral's lawyer Cabrita.

3:48 @hannahtp:
Publisher's lawyer: This company has published another book called "McCann's Guilt" (translation), but that was not banned.

3:50 @hannahtp:
The publisher's lawyer has finished. Lawyer from TVI television channel is talking now.

4:03 @hannahtp:
TVI Lawyer: The McCanns have presented us with another process (the new criminal proceedings) to try to control the media.

4:05 @hannahtp:
TVI Lawyer: The McCanns want to take advantage of all the media work done.

4:06 @hannahtp:
TVI lawyer has finished his speech. Lawyer for VC films, the company that made the documentary, is on his feet.

4:08 @hannahtp:
TVI lawyer thanks the court judge for the way she has organised proceedings.

4:15 @hannahtp:
VC Films lawyer: I believe if the judge who decided on the injunction had seen the police and prosecution files, it would not have happened.

4:41 @hannahtp:
Mcann lawyer Isabel Duarte is on her feet now, and is giving an impassioned speech.

4:42 @hannahtp:
Duarte: Goncalo Amaral is using the book to take revenge on the McCanns.

4:44 @hannahtp:
Duarte: The book has been organised and written in order to prove the McCanns are guilty

Cabrita is reading out the documents detailing the police's decision to shelve the Madeleine case.

4:45 @hannahtp:
Duarte is reading out a report on the book by a Portuguese language expert.

4:52 @hannahtp:
Duarte is questioning the motives of a witness for Mr Amaral, chief investigator Ricardo Paiva.

4:55 @hannahtp:
Duarte is saying Paiva received reports from across Europe with new info about Madeleine, but he still kept case shelved.

5:07 @hannahtp:
Duarte says Pavia has lied to the court during these proceedings. She says he has been inconsistent about the accuracy of sniffer dogs.

5:22 @hannahtp:
Duarte said that during the Madeleine investigation Pavia stated the sniffer dogs had failed at least once.

5:23 @hannahtp:
Court proceedings have finished. The ruling on the ban is to be delivered on the 18th of February at 1030.

5:25 @hannahtp:
So, as many had predicted, there is to be no ruling on the book ban today. The judge will consider her verdict.

5:26 @hannahtp:
It was an emotional performance from the McCann's lawyer Isabel Duarte. She said at the start that she was very attached to this case.

5:50 @hannahtp:
Kate and Gerry McCann have issued a new plea to the Portuguese people to come forward with any information they might have.

5:51 @hannahtp:
Speaking outside the lisbon court they also said they would like the whole case reviewed by the police.

6:01 @hannahtp:
Kate and Gerry McCann said the most important thing to remember is that there is still a little girl missing.

6:24 @hannahtp:
All quiet at the Lisbon court now. It is understood the McCanns are travelling home tonight.

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Post  Susan Sun 14 Feb - 11:03

All the trial threads are being moved to the appropriate section just in case you are wondering where they've disappeared to.


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