Action for damages against McCanns Amaral 12/10/2014

A summary of today’s court day after the report by astro – (english version in the link)

The hearing was held today in another room. On the wall above the judge – which was not replaced by the way – were the words written “A Injustica feita to a ameaça é para todos” – An injustice that is done to a person who is a threat to anyone.

A fact that was not so well known today was clear: Isabel Duarte is the lawyer for the parents while Ricardo Afonso, the lawyer representing the three children of the McCanns. Each of these lawyers were now 90 minutes available for a kind of closing speech. However, Isabel Duarte did not attend the hearing (possibly the reason is still unknown) and thus had to be overcome during which Ricardo Afonso gave his speech in “Fidel Castro manner” “only” 1.5 hours. Nevertheless, it was probably at an estimated third of its allegations, since then interrupted the judge.

Nevertheless, he spoke almost 2 hours about numbers, compared the book with selected parts of the police files and tried Goncalo Amaral, to discredit PJ and the dogs, while at the same time insisted that the British police disagreed with the conclusions of the PJ, which led to making the McCanns to Arguidos.

An example of his argument: the book begins with the mention of hunters that hunt hares, which supposedly would not the season / fit hunting season. Therefore, everything else would be wrong in the book.

He tried to challenge the dogs that DNA tests, Mark Harrison’s report, which he said he had been directed solely to the possibility of her death. He claimed that the PJ would come hell out of the McCanns were to blame and to adapt the evidence the allegations.

To make it short, he discussed things that had no place in this process; large parts of his allegations were aimed at the police investigation and the status of the McCanns Arguido to explain with some mentions of Alipio Ribeiro and his testimony, it would be “premature” to tell the parents to Arguidos.

He also attacked the credibility of the Smith family and questioned why they were seen as credible witnesses of the study was discredited during Jane Tanner. He said that the Tanner sighting the Smith sighting by a basis and support but that the coordinator – Amaral – and his team simply wanted to study nothing but the death hypothesis and the parents.

The defendant wanted to “Blood, Swet and Tears” sell.

He added that the investigation lost all objectivity and that the British police, Martin Grime and Mark Harrison realized this and feared that the McCanns victim of an impulsive and unjustified “Arguidisierung” were. (Yes then would Kate must answer the 48 questions without a lawyer – Note from me)

He went on to say that Stuart Prior “very worried” was when he met with the PJ on 4 September, just days before the McCanns were declared Arguidos. And that he was grieved because he knew that it was wrong to accuse them because there was no evidence and the DNA reports have been misinterpreted for convenience / for the benefit of the PJ.

Then, as he was interrupted by the judge. He spent TWO MINUTES thus not to mention the testimony of its witnesses. For good reason, as we can imagine.

Gonçalo Amaral’s lawyer, Miguel Cruz Rodrigues, stressed that this court action only serves the purpose of the couple of fault acquit. Have to blame the children unattended in the night of the disappearance, and guilt not to have cooperated with the police investigation.
The lack of cooperation of parents and their friends led them to submit the case to the files, something that they have never resisted although it would have been possible.
He said also that it would be very strange if they were not depressed, anxious, and sad. If they had not had a loss of appetite and insomnia. But where is the causal relationship to the book? Has not been proven. Your symptoms could have any other cause, such as the debt they have to feel for violation of their duty of supervision and for its actions during the course of the investigation.
In summary: Vague allegations from parents but no evidence of any connection with the publication of the book.

Fatima Esteves, attorney for Guerra e Paz, today introduced the more emotional assertions. She highlighted a few key points:

– The almost complete absence of journalists in the courtroom today, in contrast to the packed room whenever the parents participate in the process, which proves that the McCanns the engine behind the media and they define the agenda of the media.

– Parents should have said from the beginning to Arguidos what would be usual in the case of missing children.

– The prosecution witnesses had made vague statements and two of them had even filed subsequently written reports (rejected by the judge, but were approved by a higher authority) to be interviewed without the prosecution.

– It was not proved that the alleged damage resulted by the book.
– Scotland Yard appears random, always when there is a court session in Lisbon.
– The McCanns sue Gonçalo Amaral to the twins to protect against a book that can not read it because it is Portuguese, but not sue the websites that publish the English translation that can read the twins.
– The McCanns have never sought the reopening of the case in Portugal.
– Copies of the books of the Fund have been requested by the defense but rejected by the parents.

Miguel Coroadinha, the lawyer of TVI, began with a copy of the current edition of the Correio da Manha and to make an article about the surveys in Faro significantly by the following points:

– Visits by Scotland Yard focus attention on the process from repeated and exact fit.

– The case has already become the basis for studies of its exceptional media presence

– The McCanns have brought the case into the focus of the media and do anything to keep him there

– The media’s attention has never waned and the book had no influence on the media or the investigation

– Witness for the McCanns have testified that media coverage had increased with the publication of the book

– TVI was the documentation of the McCanns not sent because the McCanns withdrew their consent after it was already in negotiations about it.

– Concerns which alleged damage, it is impossible to prove a causal relationship to the book

– This courtroom is not the place to discuss errors of the investigation (as Ricardo Afonso), but if there was an error, then it was not to have not made the McCanns to Arguidos the day after the disappearance. If this were to happen, we might not be here today.

– The witnesses of the McCanns were emotionally involved and to related parties to be believable.

– The two “expert” opinion (I assume the writing subsequently submitted) were used by the authors in order to evade the survey to these reports

– The couple tries to rewrite history to convince everyone that the only theory is their own, but the book is already part of the case history.

The procedure is as follows:

The next day of the trial is January 21, 2015. Then the judge will perform what is called “materia de facto” during the negotiations could be determined by the court. This should give a first impression of the possible sentence.

Then run for 30 days from when the McCanns must provide a document of the High Court judge in London, which proves that they are entitled to represent Madeleine, for she is a ward of the court. We’ll see how long they will ausreizen this period.

If the parents do not submit the document, only the portion of the transaction is canceled, relating to Madeleine.Everything else goes on.

Then all the lawyers have 10 days their “alegações de direito” submit. A judgment is then the earliest expected in March.

1 Comment:

  1. But always find the hearings at the same time highly publicized events at Scotland Yard held in Portugal, where suspects are presented on a silver platter, how strange!

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