McCann v Gonçalo Amaral libel hearing witness Gerald McCann

[John]

McCann v Gonçalo Amaral libel hearing witness Gerald McCann.

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.


Libel trial McCann v Gonçalo Amaral - Day 12 Witness No 2


(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.

Judge – When?
GMC  Later in 2008. He adds that he must say that their lawyer Rogério Alves read the book, made a Report about it and then had a discussion with them.

Judge – How did you feel?
GMC  States that what was repeated in the media, before he himself had read the book, was the cause of much anxiety for him.

Judge – And the book?
GMC  Says it was shocking. The book was an affront to him, to his wife, to his family and to the people who believe in them.

Judge – How did you feel?
GMC  Says that he obviously felt anguish, despair and of course anger reckoning that someone so close to the investigation claims in the absence of evidence that his missing daughter is definitely dead. The most important issue for them was that the book was read by hundreds of thousands of people and widely publicised. That made the people believe in the conclusions, preventing new leads about Madeleine from being looked at.

Judge – Then the documentary was broadcast?
GMC  Says that it was even worse for them.

Judge – Why?
GMC  Explains that it stated right at the outset that Madeleine was dead, that there was no abduction, that he and his wife were liars, that they were cold and ruthless enough to hide a body instead of rending assistance. There's no evidence of that and the evidence that the documentary presents doesn't match.

Judge – Have you watched the documentary?
GMC  I watched it on the internet.

Judge – Have you been feeling the same as with the book?
GMC  Says it was worst.

Judge – In what way?
GMC  Says it was horrible to realise that people were watching something that wasn't true. They were working very hard on the investigation, including some people in the Algarve who had been brought in to help. The documentary destroyed any possibility of obtaining cooperation.

Judge – Do you recall an interview Mr Amaral gave to the Correio da Manhã newspaper?
GMC  Says that he read many interviews.

Judge – What about interviews upon the thesis of the book?
GMC  States that there were many articles on the theme published in the Correio da Manhã and also in other newspapers.

Judge – Do you remember a particular article published on 30th July 2008 in the Correio da Manhã?
GMC  Replies that articles were published almost on a daily basis and asks whether he can see the headline referred to.

The Judge asks the clerk to show the article to GMC, adding that the header is "Madeleine died in the apartment" and asks the interpreter to translate the beginning of the article.

Judge – Do you recall it?
GMC  Says that he saw that in many other newspapers.

The Judge allows it and orders the interpreter to translate the header and the first paragraph of the interview.
Interpreter - «Madeleine died in the apartment. Correio da Manhã today starts the exclusive publication of excerpts from the book by Gonçalo Amaral, who believes that Madeleine McCann died inside the apartment at Praia da Luz. The episode of the holidays in 2005, in Majorca – which raises suspicions about a friend of the couple – and the DNA results are the first parts.»The Judge observes that this was the first of a series of excerpts of "A verdade da Mentira" published by the Correio da Manhã.

[John]

Judge - Was this article part of the pressure from the media that you allege?
GMC  Yes.

Judge – Did you suffer from insomnia, lack of appetite?
GMC  Says that not many nights passed without thinking of the book. Anxiety was huge and of course our appetites were failing, but it wasn't permanent.

Judge – Did you think people thought differently of you after the publication of the book?
GMC  Says that it is difficult to answer that question without knowing what the people thought beforehand.

Judge – Allow me to rephrase that. Do you think that people believed that the thesis in the book was true?
GMC  When the process was archived there was no evidence to prove that Madeleine was dead, and there was no evidence to prove that we were responsible for the concealment of her body. The Portuguese were bombarded with information that we hid the body in the car and that we had staged an abduction, mainly after the books publication.

Judge – What about the public in England?
GMC  The book was never published in England because of the legal actions which we were forced to take. It wasn't published in the main stream media (MSM) either. There is however a small minority, a small group who have launched an harassment campaign against us who use quotes from the book.

Judge – Can you name them?
GMC  They are called the 'Madeleine Foundation' and we were forced, as the last resort, to take legal action against them, specifically against a man called Anthony Bennett.

Judge – Is there a formal connection between the book and the 'Madeleine Foundation?
GMC  The book was quoted by the 'Madeleine Foundation' on a forum and they have inclusively distributed a leaflet in Rothley titled '60 reasons which suggest that Madeleine McCann was not abducted'. Accusatory leaflets scare McCanns, August 16, 2009 They have interviewed Mr Amaral and invited him to meet them in England. This was what led us, after our lawyers had warn him several times, to seek legal action against Anthony Bennett, as a last resort.

Judge – Did the group exist before the publication?
GMC  Isn't sure about that but adds that the material they used was based on the allegations in the book. They published pamphlets that said that Madeleine hadn't been abducted. They distributed them to his neighbours and all around Leicestershire. Bennett was issued with several warnings and finally we had to sue him.

Judge – Do the twins know the theory in the book?
GMC  We try to be open about it but it worries us that they make questions about Mr. Amaral's allegations since he was the coordinator of the case. Kate told me that Sean had asked her about us hiding Madeleine's body. It worries us that they might hear things from other people.

Judge – What measures have you taken to protect the twins in that instance?
GMC  We had professional advice by a child psychologist who still advises us today if needed. He gave us a key piece of advice which was to answer the twins questions as honestly as possible, at their age level of understanding. However I am afraid that they might read the horrible things people say about us on the internet. He is worried by the effect it will have on them eventually.

Judge - Asks whether there is liaison with the school about the problem.
GMC  The school has been very supportive, Kate has handled that with them. As far as I know there were no incidents specifically related with the book.

Judge – Have you ever heard about a book written by Paulo Pereira Cristovão? ['A Estrela de Madeleine' (Madeleine's Star) pub. 2008]
GMC  Says he has vaguely heard of it.

Judge – Have you ever heard about a book written by Manuel Catarino? ['A Culpa dos McCann' (The McCann's Guilt) pub. 2007]
GMC -  I can't say I have no. I don't remember that name.

Judge - Have you ever heard about a book written by Hernâni Carvalho? ['Maddie 129' pub. 2007]
GMC  says he knows the name Hernâni Carvalho because of his comments in the media on GA's book. But he doesn't know that he wrote a book.

Judge - But you never read the book?
GMC  No I haven't.

The Judge Maria Emília de Melo e Castro asks each lawyer if they have any questions to put to Gerry McCann, only Dr. Miguel Rodrigues has a question, replicating the one he had previously asked Kate Healy. He wants to know what caused more distress, the disappearance, the arguido status or the reason for this trial.


Gonçalo Amaral lawyer Miguel Cruz Rodrigues

MCR - What caused you to feel more distressed - a) The disappearance of your daughter?  b) to be constituted as an arguido?  or c) the book and the documentary?

The judge rephrases – What disturbed you more: the disappearance of your daughter, the fact you were made arguido or the reason for this trial, i.e the book and the documentary?

GMC  They all happened at different times, the abduction of a child is devastating but the book intensified that feeling.

Judge - Very well. [prepares to conclude the hearing session]

GMC  Can I make a statement?
Judge - The statements in the Portuguese court system, unlike in England where people can give extemporaneous statements [see VPS], are the declarations, which consist of a series of questions put by the lawyers and Judge and by the answers of the deponent, which you just gave. You can say something but it won't have any legal validity, nevertheless it will still be recorded.

GMC - I want to speak about the sniffer dogs. They never alerted to any blood in the car and they never alerted to cadaver odour...

Judge [interrupts] – We are not here to ascertain that, our perspective here in this court is to analyse your claim.
GMC – But the book mentions facts that aren't true.

Judge – To decide that there are already forensic experts. We are not here to prove if the contents of the book are truthful or not. Here we are only trying to establish if the freedom of expression of the defendants has affected the rights of the claimants. This court cannot be a substitute of the criminal investigation. [Turns to the interpreter] Tell the gentleman that he is excused.


Session ends


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.