Sky Live Day 3 - 14/01/10

Proceedings are finished and will start again on the 10th of February.

I dont get it, where are the McCanns witnesses, dont their side have to say anything at all!!!

Hare wrote:

Harvesmom wrote: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.

Absolute dynamite. It will be interesting to hear Kate explain WHY

Sorry to be thick but which documentary is the one the Mcs refused to allow TVI to buy, the one the McS did themselves?? Because if so that is a spectacular own goal, they'd have been better off showing their own version.

Maybe their 2 are to be heard on 10th Feb? Will give them plenty of time to prepare.

margaret wrote:

Hare wrote:

Harvesmom wrote: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.

Absolute dynamite. It will be interesting to hear Kate explain WHY

Sorry to be thick but which documentary is the one the Mcs refused to allow TVI to buy, the one the McS did themselves?? Because if so that is a spectacular own goal, they'd have been better off showing their own version.

I think the Mockumentary is the one the McCs wouldn't allow (their own).

The McCanns always stated that they wanted the publicity for the search, they wanted it all over the world. So, why not 'sell' their own documentary to as many TV stations as possible? Own goal?

BBC reported fairly on news -

quickfingers wrote:Maybe their 2 are to be heard on 10th Feb? Will give them plenty of time to prepare.

Maybe the judge has decided that Gerry has got to take the stand and has insisted on a date when he will be available.

Harvesmom wrote:I dont get it, where are the McCanns witnesses, dont their side have to say anything at all!!!

The reason there is a ban in place is because the McCanns requested a secret hearing to present their case for a ban. So secret that Amaral and his lawyers did not even know about it. The McCanns presented all their witnesses at the secret hearing. This is only Amarals appeal of the verdict and his FIRST chance to present his side of the case.

How bad is that? So does Amaral's Solicitor get the chance to cross examine the McCann witnesses. I really dont like what im hearing about things being done in secret by them. Why was it allowed?

Arguida wrote:

Harvesmom wrote:I dont get it, where are the McCanns witnesses, dont their side have to say anything at all!!!

The reason there is a ban in place is because the McCanns requested a secret hearing to present their case for a ban. So secret that Amaral and his lawyers did not even know about it. The McCanns presented all their witnesses at the secret hearing. This is only Amarals appeal of the verdict and his FIRST chance to present his side of the case.

How is this known? Has it been reported anywhere?

ann_chovey wrote:

margaret wrote:

Sorry to be thick but which documentary is the one the Mcs refused to allow TVI to buy, the one the McS did themselves?? Because if so that is a spectacular own goal, they'd have been better off showing their own version.

I think the Mockumentary is the one the McCs wouldn't allow (their own).

Speechless. They really are dim!!

Harvesmom wrote: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.
2 minutes ago from web

That documentary was sold to SIC and broadcasted in Portugal (by SIC) on the 12th May 2009, as it can be seen in this link:

http://aeiou.visao.pt/novo-documentario-reconstitui-desaparecimento-de-maddie=f508061

Visão Magazine, article's date: Monday, 11th May 2009. The last paragraph says: "A SIC exibe o documentário amanhã à noite". [SIC broadcasts the documentary tomorrow night].

FSoares wrote:

Harvesmom wrote: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.
2 minutes ago from web

That documentary was sold to SIC and broadcasted in Portugal (by SIC) on the 12th May 2009, as it can be seen in this link:

http://aeiou.visao.pt/novo-documentario-reconstitui-desaparecimento-de-maddie=f508061

Visão Magazine, article's date: Monday, 11th May 2009. The last paragraph says: "A SIC exibe o documentário amanhã à noite". [SIC broadcasts the documentary tomorrow night].

I guess it suited the McCanns to have the documentary broadcast on another channel to make it look as though they had had to go elsewhere to have theirs aired.

Before anyone complains can we clarify - sorry - if it was the MC doc or Amaral doc broadcast on Madeleines birthday

deborah wrote:Before anyone complains can we clarify - sorry - if it was the MC doc or Amaral doc broadcast on Madeleines birthday

It was the Mockumentary, on SIC, the 12th May 2009.

Wait, probably they were both on the same day. I need to check.

ETA: ok, a link was misguiding me. TVI broadcasted Amaral's documentary on 13 April 2009. The McCann one was on SIC, the 12th May.

I have seen comments implying Amaral should not have shown his doc on Madeleines birthday - these coments were made after Duarte spoke in court- maybe tweet man gave wrong end of stick ?

has anyone posted compilation of todays tweets from sky so we can check ?

9:23 jondipaolo: Good morning. We're outside the courthouse for the third day of the mccann libel trial.

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?

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

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

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

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

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

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

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.

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'.

10:21 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.

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

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

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

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

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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

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

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

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.

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

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.

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

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

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.

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

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

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.

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

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

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

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

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

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.

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.

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

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

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.

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

12:29 jondipaolo: Mr da Sliva: Because I was telling a story.

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

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

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

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

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

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

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

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

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.

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

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

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

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.

2:58 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.

2:59 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.

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

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

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.

3:17 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.

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

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.

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

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

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

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

3:31 jondipaolo: Duarte: Did you kow the content of the documentary before it was broadcast?

3:34 jondipaolo: Velho: No.

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

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

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

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

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

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.

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

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

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

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

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.

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

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

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

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.

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

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

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

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.

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

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.

5:26 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.

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.

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

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

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

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

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

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

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

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

deborah wrote:I have seen comments implying Amaral should not have shown his doc on Madeleines birthday - these coments were made after Duarte spoke in court- maybe tweet man gave wrong end of stick ?

Probably, because all the links I've checked show the McCann one, on the 12th May/SIC.

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

Hopefully that'll come back to bite them, its a blatent attempt to manipulate media coverage

Thanks - so it was not Amarals fault that this was broadcast on that day ?

Arguida wrote:

Harvesmom wrote:I dont get it, where are the McCanns witnesses, dont their side have to say anything at all!!!

The reason there is a ban in place is because the McCanns requested a secret hearing to present their case for a ban. So secret that Amaral and his lawyers did not even know about it. The McCanns presented all their witnesses at the secret hearing. This is only Amarals appeal of the verdict and his FIRST chance to present his side of the case.

Have they already presented their case then behind closed doors Arguida?

on the joana morais site there is a piece about isobel duarte suing goncalo amaral for violating the judicial secrecy..i still can't get the hang of posting links ..but would be grateful if someonelse might do it