Author Topic: McCann v Gonçalo Amaral Libel Trial in Lisbon - Day 14 (No witnesses)  (Read 1973 times)

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Offline Admin

McCann v Gonçalo Amaral Libel Trial in Lisbon - Day 14

Lisbon - Wednesday 21 January 2015

Todays session is not a hearing per sé, rather an opportunity for the honorable Judge,  Maria Emília Melo e Castro, to reveal to lawyers acting on behalf of the Plaintiffs and Defenders, those facts which she considers proven and not proven.

The Judge will present lawyers with a statement of the facts which they will be required to consider before submitting written comments and observations ahead of the final session.

The session is today being held in a courtroom as an accommodation since following reorganisation of the judicial system in late August, the judge no longer maintains an office within the Palace of Justice in Lisbon.

Lawyers in attendance today included Dr Ricardo Afonso substituting for Dra Isabel Duarte on behalf of the McCanns as plaintiffs. 
For the defence, Dr Miguel Cruz Rodrigues (Dr Gonçalo Amaral), Dr Henrique Costa Pinto (VCFilmes) and Dra Fatima de Oliveira Esteves (Guerra & Paz).  Dr Miguel Coroadinha (TVI) did not attend.

The lawyers were presented with a copy of the Judges statement of facts and were requested to read it thoroughly in case there were points requiring clarification or possibly points of objection. This document will form the basis of the Judges final decision in the case so it is important that all parties are fully cognisant of its content and its basis in Law.

The Judge then exited the room, leaving the lawyers to study the document.

Some fifteen minutes later the Judge returned and asked if any of the lawyers had any questions in relation to the document which had been provided to them.

Dr Henrique Costa Pinto made minor reference to the production of the DVD's but added that his comment was purely informal.  The Judge acknowledged this and explained that she took into account information gleamed from various sources in her deliberations.

The Judge then reminded the lawyer for the plaintiffs that they have a maximum of thirty days from today in order to provide to the Court formal authorisation from the High Court in London that they act in an official capacity and are legally entitled to act on behalf of their daughter, Madeleine McCann, who is a Ward of Court.

Following on from this period of thirty days, all lawyers will have a further ten days in order to deliver their alegações de direito or 'Allegations of Law" to the Court.

 
Session ended.
 
 

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




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« Last Edit: January 23, 2015, 02:25:33 PM by John »

Offline Matthew Wyse

Re: McCann v Gonçalo Amaral Libel Trial in Lisbon - Day 14
« Reply #1 on: January 23, 2015, 10:10:02 AM »
An interesting turn of events by any stretch of the imagination which should put the cat amongst the pigeons for the next month or more since if you believe all you read in the British press it was supposed to have been a foregone conclusion.  As always many thanks admin for providing a readable version in Queens English.
Most people suspect the truth but few are able to admit it.

Offline Angelo222

Re: McCann v Gonçalo Amaral Libel Trial in Lisbon - Day 14
« Reply #2 on: January 23, 2015, 10:34:51 AM »
An interesting turn of events by any stretch of the imagination which should put the cat amongst the pigeons for the next month or more since if you believe all you read in the British press it was supposed to have been a foregone conclusion.  As always many thanks admin for providing a readable version in Queens English.

According to the Portuguese and they should know..



Judge - no evidence that book about Maddie "destroyed" parents



The judge said that the emotional state of Kate and Gerry McCann "is pre-existent to the Amaral book.

A judge of the courthouse in Lisbon held, on Wednesday, that the McCann couple has not been damaged because of the publication of the book "The Truth of the Lie", written by Gonçalo Amaral, where the ex - PJ coordinator argues the responsibility of Kate and Gerry in their daughter's disappearance.

Judge Emilia Melo e Castro, said that when assessing questions of civil process initiated by Kate and Gerry McCann against Gonçalo Amaral in the publication of the book "Maddie, the truth of the lie,"  in the Court statement to which JN had access,  "there was no evidence that authors Kate and Gerald McCann are completely destroyed, from a moral, social, ethical, sentimental, family point of view" with the publication of the book.

Recognizing that the British couple felt "anger, despair and anguish," the magistrate said it was not possible, "from the available evidence, to discern" if the alleged damage attributed to Gonçalo Amaral was, "a consequence of the disappearance of Madeleine" or "effect of the book."

Melo e Castro said that, "from the family point of view the evidence revealed a successful effort of cohesion" of the couple. Also considered that from, "the sentimental/emotional standpoint it is not credible that the after-effects of the facts of these events go to the point of destruction or much beyond the pain that their daughter’s absence causes them".

Asked, Gonçalo Amaral, told JN he was satisfied with the decision of the magistrate, pointing out that "what was at issue was proving or disproving facts".

www.jn.pt/Dossies/dossie.aspx?content_id=4357454&dossier=O+caso+Maddie+McCann
« Last Edit: January 23, 2015, 11:58:34 AM by Angelo222 »
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!