Author Topic: McCann v Gonçalo Amaral Libel Trial in Lisbon - Day 12 (2 witnesses)  (Read 2105 times)

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Libel trial in Lisbon - Day 12
Gerald and Kate McCann (Plaintiffs)





Gerry and Kate McCann speak to the gathered media after the hearing.
« Last Edit: July 11, 2014, 05:57:36 AM by John »

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Introduction

The Judge at the 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's lawyer, Isabel Duarte, and had been previously refused by the Judge in 2013.

The McCanns also requested to be heard in court and saw their application similarly refused. Their lawyer appealed 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 added that since Gonçalo Amaral’s former lawyer did not oppose the ruling - which refused his request to be heard - a new appeal opposing it [the Judge's ruling] could no longer be accepted, and therefore that decision had now become final.

The Judge continues instructing the scribe and states that the plaintiffs 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 Maria Emília de Melo e Castro authorises and orders 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 adds 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 plaintiff's request. That meant that the hearing session of yesterday's afternoon, where Isabel Duarte was supposed to make her final allegations for a period of three hours was adjourned sine die [without a definite date scheduled] and so was the hearing session of the 10th of July. Due to the judicial holidays it's very likely that the trial will only continue in or after September. The Judge also mentions that in September alterations will be made to the Penal Code Process but those changes will not affect the ongoing trial.

Earlier 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.

What follows is Kate Healy and Gerry McCann's declarations to the court in strict compliance with Portuguese Law. A declaration is a series of answers to questions put by the Judge, and of questions from the accusation or/and defendant's lawyers.

The McCanns requested to make a further statement at the end of each declaration, these statements will not be considered and will have no effect on the trial outcome even though they were recorded by the scribe.
« Last Edit: July 11, 2014, 05:36:56 AM by John »

Offline John

Witness No 1 - Kate McCann


(08.07.2014, 9:45am)

Kate McCann enters the court room, stands at a chair directly in front of the Judge Maria Emília de Melo e Castro.  Standing by her right side is a female interpreter who will translate the questions put to Kate and communicate her answers back to the Judge and lawyers.  To Kate McCann's left sits lawyer Dr. Miguel Coroadinha, Isabel Duarte and her assistant Dr. Ricardo Afonso. Opposite the McCanns sits Dr. Henrique Costa Pinto, lawyer for VC Filmes, Dr Fátima de Oliveira Esteves, Dr Ginçalo Amaral and his new lawyer, Dr. Miguel Rodrigues.

The Judge tells Kate McCann that she is obliged to speak the truth during her declaration. Kate then promises under oath to tell the truth and the whole truth. The Judge questions her about her name to which Kate replies that it is "Kate Healy". The Judge asks why she doesn't use the name McCann as her last name and Kate responds that she still uses her maiden name. Kate is then asked about her home address, and her employment status to which she replies that she is a "general practitioner" and that she has stopped working since Madeleine was "abducted". The Judge orders Kate Healy to sit down so the declaration can proceed.

Judge - Do you recall when the book was first published and when you first heard about it?
Kate Healy (McCann)  A few months after it was published.

Judge - Did you read the book and when?
Kate Healy (McCann)  I first read extracts from the book in media reports and then on the internet around the end of 2008.

Judge - How and what did you feel?
Kate Healy (McCann)   Responds that she was devastated. She already had an idea of what was in that book, but when she read it all she felt desperate because of the injustice against her and her family as a whole and also felt anxious because of the damage that this book was causing to Madeleine. She gives as an example the fact that the book accuses her and her husband of being somehow involved and of faking an abduction. The book smears her and her husband throughout.


Download pdf for full Report...



Important Notice
Readers are warned that this court Report is not a verbatim account of events but is merely a summary. 
As the content is sourced via a third party and although checks are made, the forum cannot guarantee
its veracity.  All reports are made in good faith.
« Last Edit: July 11, 2014, 08:21:52 PM by John »
A malicious prosecution for a crime which never existed. John Lamberton exposes malfeasance by public officials.
Check out my website >   http://johnlamberton.webs.com/index.htm?no_redirect=true     The truth never changes with the passage of time.

Offline John

Witness No 2 - Gerald McCann

(08.07.2014, 11am)

The lawyers asked for a short recess following Kate McCann's deposition. After ten minutes, the clerk returns with Gerry McCann. He is asked to stand to answer the usual questions relating to his identity and to commit himself to tell the truth.


Judge – When did you learn that Gonçalo Amaral's book had been published?
GMC  Replies that it was in April 2008, a friend sent him translations of media articles.

Judge – Had the book not been published yet?
GMC  No. He adds that the book was promoted in the media before it was published.

Judge – Was it through interviews?
GMC  Yes.

Judge – When was the book published?
GMC  says it was published 3 days after the releasing of the Attorney General's (AG) final report.

Judge – When did you first have access to the book?
GMC Replies that he learnt through the media, particularly the Correio da Manhã (Portuguese Morning Post), that the book was published. Portuguese friends translated articles on a daily basis for them of what the media was printing.

Judge – Have you read the entire book?
GMC  Says that he read translated parts. Only later a translation of the whole book was available.


Download pdf for full Report...



Important Notice
Readers are warned that this court Report is not a verbatim account of events but is merely a summary. 
As the content is sourced via a third party and although checks are made, the forum cannot guarantee
its veracity.  All reports are made in good faith.

« Last Edit: July 11, 2014, 08:20:44 PM by John »
A malicious prosecution for a crime which never existed. John Lamberton exposes malfeasance by public officials.
Check out my website >   http://johnlamberton.webs.com/index.htm?no_redirect=true     The truth never changes with the passage of time.