McCann couple returns to Portugal

McCann couple returns to Portugal
9 February 2010 | Posted by Joana Morais Leave a Comment
McCanns to be present at the final allegations on Gonçalo Amaral's book trial

The session on Wednesday of the trial over the prohibition of Gonçalo Amaral's book 'Maddie, the Truth of the Lie' will consist on the final allegations, with the presence of Kate and Gerry McCann, the parents of the missing child in the Algarve, in 2007.

In the last hearing at the 7th Civil Court of Lisbon, in Palace of Justice will also be inquired two witnesses, requested by the defense of Guerra e Paz [War & Peace], the publishers of the book by the former Judiciary Police (PJ) Inspector Gonçalo Amaral which was taken temporarily from the market in September 9, 2009.

The McCann couple, who, according to a source close to the family, will travel to Lisbon at the end of Tuesdays afternoon and will return to London on Wednesday during the afternoon, fundamented the provisional measure [the injunction] for considering unsustainable Gonçalo Amaral's thesis reproduced in the book in which both are involved in the daughter's disappearance, simulated an abduction and concealed the cadaver.

The defense witnesses heard in court argumented that Gonçalo Amaral's thesis results from the investigation, and Kate and Gerry McCann, who were present at the hearings held from the 12 to the 14 of January, denied the existence of evidences of their daughters death in a statement given to journalists.

The parents of Madeleine McCann stressed that it wasn't them who were on trial, and also stated that they did not use the courts to silence Gonçalo Amaral.

Besides the former PJ officer and Guerra & Paz, there also a target in this process TVI, which broadcast the documentary based on the book, and the production company Valentim de Carvalho, who commercialized the video.

After the decision over the injunction, a ruling that might even be decided on Wednesday, the Judge Gabriela Cunha Rodrigues will schedule the main action sessions, in which the McCann family claims for the protection of rights, freedoms and guarantees.

In running procedures is another civil action against Gonçalo Amaral, with the accusation of declarations considered defamatory, in which the British couple ask for a compensation of, at least, 1,2 million euros.

This process, without a set date for trial, has also attached an injunction, being the court developing measures for the seizure Gonçalo Amaral's assets.

Kate and Gerry McCann also lodged a criminal complaint against the former PJ Inspector for alleged violation of the secrecy of justice in the reproduction of facts pertaining to the investigation in the book before the archival dispatch made by the prosecutor of Portimão, Magalhães Menezes.

The English child Madeleine McCann disappeared on May 3, 2007 from the bedroom of an apartment in a tourist resort in Praia da Luz, Algarve, when she was on holidays with the parents and two siblings.

In the status of coordinator of the PJ Criminal Investigation Department of Portimão, Gonçalo Amaral joined the team of investigators who tried to find out what happened to Madeleine.

Kate and Gerry McCann, who always maintained the position that Maddie was abducted, were made arguidos in September 2007, but were eventually acquitted in 2008 for lack of evidence. The case was archived, but may be reopened if there is consistent data.


SOL with Lusa

I like the way it says they were acquitted through lack of evidence, not that they were simply acquitted.

Thanks Annabel,

So they are going to show their lying faces.

After the decision over the injunction, a ruling that might even be decided on Wednesday, the Judge Gabriela Cunha Rodrigues will schedule the main action sessions, in which the McCann family claims for the protection of rights, freedoms and guarantees.

So after the ruling they go to trial?

Will they even go to trial if they lose at this stage?

There was no trial, therefore they were not acquitted! Who writes this crap? I too am amazed that they are showing up in court once again. I guess they are in need of a holiday, and in the world of reponsible parenting according the the McCanns, I am sure that the twins are old enough to take car of themselves now.

I suppose that when the McCanns lose they will not press on with the libel trial, though they may go ahead with the other complaint that Amaral broke the secrecy of justice.

As far as I understand, the McCanns have no choice and are legally obliged to attend the court.

But we will get absolutely NO news from inside the court?
No life stream and no verdict.

Joana Morais said...

There's two separate and distinct process, one is the injunction made to the book and the documentary - that's the hearing that happened in January and that might end up on the 10th depending if the judge delivers her decision regarding that matter. The other one is the main action where the McCanns are asking for 1.2 million euros in damages for numerous reasons akin to what was used to request the book and documentary injunction [read ban and censorship], which has attached to it another injunction, preventive measure to seize Amaral's assets [read financial asphyxiation]. A measure that was not fully fulfilled yet.

There is also a new civil complain lodged by the McCanns who allege that Amaral violated the secrecy of justice for publishing is book before the archival dispatch was made, which in fact didn't happen, the book was published a few days after the archival and subsequent removal of the judicial secrecy on the investigation process by the Public Ministry - so the most they can apply here is for failed intent to publish the book.

fedrules wrote:As far as I understand, the McCanns have no choice and are legally obliged to attend the court.

Fedrules, I really hope so.

Annabel wrote:Joana Morais said...

There's two separate and distinct process, one is the injunction made to the book and the documentary - that's the hearing that happened in January and that might end up on the 10th depending if the judge delivers her decision regarding that matter. The other one is the main action where the McCanns are asking for 1.2 million euros in damages for numerous reasons akin to what was used to request the book and documentary injunction [read ban and censorship], which has attached to it another injunction, preventive measure to seize Amaral's assets [read financial asphyxiation]. A measure that was not fully fulfilled yet.

There is also a new civil complain lodged by the McCanns who allege that Amaral violated the secrecy of justice for publishing is book before the archival dispatch was made, which in fact didn't happen, the book was published a few days after the archival and subsequent removal of the judicial secrecy on the investigation process by the Public Ministry - so the most they can apply here is for failed intent to publish the book.

Thanks Annabel, all clearer to me now.

Lilemor wrote:But we will get absolutely NO news from inside the court?
No life stream and no verdict.

Not sure about that. Sky did state, a week or so ago, that their man would be there twittering again. Last time, I believe there was also another twitterer present

Am keeping an eye on Sky to see if there's any news about that!

I've got to be at work. So, I'm setting up my phone for Jondi Paolo's tweets.

renoir wrote:Am keeping an eye on Sky to see if there's any news about that!

Herzlichen Dank, Renoir !

I'll be here! With my sandwiches and large pack of biscuits (only a precaution against a drop in blood sugar levels ). I'm not even going to answer the phone.

Alfiefinn wrote:I'll be here! With my sandwiches and large pack of biscuits (only a precaution against a drop in blood sugar levels ). I'm not even going to answer the phone.

dont forget your flask,lol
and your bucket

lea, I will have it all ready tomorrow, never fear!

wonder if gerry will do a runner again?
i hope he gets wound up and cant find a way to crawl out of it,
can you imagine gerry speechless?

Gerry has probably been to media training bootcamp since his little exposion in January Sadly, because it was all rather entertaining last time.

lea wrote:wonder if gerry will do a runner again?
i hope he gets wound up and cant find a way to crawl out of it,
can you imagine gerry speechless?

I can actually, speechless with rage and spitting feathers!

AnnaEsse wrote:

lea wrote:wonder if gerry will do a runner again?
i hope he gets wound up and cant find a way to crawl out of it,
can you imagine gerry speechless?

I can actually, speechless with rage and spitting feathers!

Anna, it was actually a bit of an Alan Partridge moment in a way to me - him exploding verbally (and almost physically) and some people standing outside the court biting their lips and trying not to laugh at him, like the reception staff in the Travel Tavern.

AnnaEsse wrote:

lea wrote:wonder if gerry will do a runner again?
i hope he gets wound up and cant find a way to crawl out of it,
can you imagine gerry speechless?

I can actually, speechless with rage and spitting feathers!

annaesse,
gives us a laugh though,lol

isnt it strange that when gerry and kate fled PDL they swore they would never go back there and refused to go back fora reconstruction but when they have the possibility to get money they have no hesitation to go back?

Spot on Alfiefinn ... and I bet he took his big plate to the tapas bar lol

carlymichelle wrote:isnt it strange that when gerry and kate fled PDL they swore they would never go back there and refused to go back fora reconstruction but when they have the possibility to get money they have no hesitation to go back?

Yes and they use the portugese justice system to get the money when they refused to help at all when that same country were trying to find out what had happened to their daughter.