Report from the Palácio de Justiçaby Joana Morais
8th of July 2014
Intervenient parts
Judge Maria Emília de Melo e Castro presiding the trial
Dr. Miguel Rodrigues for Gonçalo Amaral, the book author
Dr. Fátima de Oliveira Esteves for Guerra e Paz, the book publishers of ‘Maddie, A Verdade da Mentira’
Dr Miguel Coroadinha for TVI, the Portuguese TV channel that broadcast the documentary ‘Maddie, What lies beneath the Truth’
Dr. Henrique Costa Pinto for Valentim de Carvalho Filmes who produced the documentary and DVD copies with the same documentary that were never sold
Dr. Isabel Duarte for the McCann couple and their children, the claimants
What follows is the recount of what happened yesterday at court, to the best of my knowledge and short handwritten notes.
The Judge at beginning of hearing sessions spoke and instructed the scribe about the request that had been made by Gonçalo Amaral’s previous lawyer so the defendant could be heard in court. That request was opposed by the McCann couple’s lawyer, Isabel Duarte, and had been previously denied by the Judge in 2013.
The McCann couple, who had also requested to be heard in court, saw their application being refused as well. Yet they pleaded against that decision to the Appeals court and their request was granted, therefore they were now authorized to be heard in court, which is what takes place after this “introductory” instruction by the lady Judge, Maria Emília de Melo e Castro.
The Judge then added that since Gonçalo Amaral’s former lawyer did not oppose to the ruling - which refused his request to be heard - a new appeal opposing the ruling could no longer be accepted, and therefore that decision had now become final.
The judge continues instructing the scribe and states that the authors of the lawsuit - the McCann couple - have requested the court to solicit an official application to ATA [Autoridade Tributária Aduaneira] i.e. the Portuguese equivalent to the IRS, in order to obtain confidential fiscal information.
The Judge authorized and ordered for the dispatch to be prepared “since it is essential to know, within the scope of the case being analysed here at the court, what are the eventual earnings” of the defendant Gonçalo Amaral regarding the sales of the book ‘Maddie, A Verdade da Mentira’.
The Judge then added that the court dismissed the need to observe the confidentiality of that fiscal information in view of the fact that “the acquirement of that evidence” is crucial and ruled that the other defendant parties have 10 days to oppose the McCann’s lawyer request.
Earlier on this year, the only defendant party opposing the McCann’s fiscal request was the lawyer for the Guerra e Paz book publishers who argued that this new application would cause an unnecessary lengthening of the trial.
Follows Kate Healy and Gerry McCann declarations to court in strict compliance to Portuguese law. A declaration is a series of answers to questions put by the Judge, and of questions from the accusation or/and defendant lawyers.
The couple decided to ask to make a further statement at the end of each declaration, these statements will not be considered and will have no reflection on the trial outcome even though they were recorded by the scribe.
ongoing
http://joana-morais.blogspot.com/2014/07/palacio-de-justica-8th-of-july-2014.html
