The McCann v Gonçalo Amaral libel trial as it happens.

[Mr Gray]

From what I read, but with no confirmation, the judge told Gerry that the trial was not about the contents of the book but about its existence.

and you believe what you read...with no confirmation...like we read on hear the judge told Gerry to " be quiet". there are a lot of lies being told regarding this trial it seems...why no mention of the WOC  status

[Victoria]

So, the Judge has ordered the Portuguese taxman to look into Amaral's affairs in order to establish just how much money he made from the book. Now, would she really be doing this if she wasn't preparing to make judgment against him? (The answer is no, for the hard of thinking).

It's also clear evidence that the Judge doesn't trust Amaral to give an honest account of his affairs himself, if she feels the need to involve third parties to investigate him.   

[stephen25000]

So, the Judge has ordered the Portuguese taxman to look into Amaral's affairs in order to establish just how much money he made from the book. Now, would she really be doing this if she wasn't preparing to make judgment against him? (The answer is no, for the hard of thinking).

It's also clear evidence that the Judge doesn't trust Amaral to give an honest account of his affairs himself, if she feels the need to involve third parties to investigate him.   

The clear impression yesterday was the judge didn't trust the mccanns.

[Victoria]

McCanns allowed to give victim impact statements to help Judge quantify damages. Judge interested enough in what Kate had to say to listen for almost an hour. Judge tells Gerry he doesn't need to go into detail about what happened that night since there is no need for him to prove anything, only to help quantify how badly Amaral has affected the family. Judge doesn't trust Amaral to give honest account of his affairs so has ordered Portuguese tax officials to investigate him and report back. Full details of Amaral's financial affairs required in order to establish just how much Amaral will be ordered to pay.

[colombosstogey]

McCanns allowed to give victim impact statements to help Judge quantify damages. Judge interested enough in what Kate had to say to listen for almost an hour. Judge tells Gerry he doesn't need to go into detail about what happened that night since there is no need for him to prove anything, only to help quantify how badly Amaral has affected the family. Judge doesn't trust Amaral to give honest account of his affairs so has ordered Portuguese tax officials to investigate him and report back. Full details of Amaral's financial affairs required in order to establish just how much Amaral will be ordered to pay.

What i find ASTONISHING, as they are taking this man to trial over a book he wrote about the case but GMC hasnt even READ IT, only translated bits.

Well surely unless you read it in its entirety how can you make statements about it?

A translation is only as good as the translator.

The libel trail:

GMC says that he read translated parts. After that a translation was available

but he doesnt say he actually went on to read the book.....

[Mr Gray]

The repoprts fro the trial once again support my prediction. The onus of proof is obviously totally on amaral. The judge was not interested in the so called dogs evidence....the mccanns have nothing to prove apart from the fact of how much the book has damaged their family. The judge wants to know how much amaral has made from the book..taht can only be to determine compensation...so it is not going to be minimal.

Amaral didn't speak in court nor did he speak outside court...he has nothing left to say..a beaten and broken man and he deserves it

[ferryman]

What i find ASTONISHING, as they are taking this man to trial over a book he wrote about the case but GMC hasnt even READ IT, only translated bits.

Well surely unless you read it in its entirety how can you make statements about it?

A translation is only as good as the translator.

The libel trail:

GMC says that he read translated parts. After that a translation was available

but he doesnt say he actually went on to read the book.....

The only bit he needs to read is the conclusion.

That takes all of 30 seconds (for a slow reader, like me ...)

[Montclair]

So, the Judge has ordered the Portuguese taxman to look into Amaral's affairs in order to establish just how much money he made from the book. Now, would she really be doing this if she wasn't preparing to make judgment against him? (The answer is no, for the hard of thinking).

It's also clear evidence that the Judge doesn't trust Amaral to give an honest account of his affairs himself, if she feels the need to involve third parties to investigate him.   

All the defendents have provided their receipts and other financial documents as to the earnings from the book. This request for information from the tax department is just Isabel Duarte stalling the proceedings.

[stephen25000]

From another  source.....


'     ''Judge - Do you recall when the book was first published and when you first heard about it?

Kate Healy - A few months after it was published.''

Really? A few months?

''Kate and Gerry McCann threaten legal action over Madeleine book

Kate and Gerry McCann have threatened legal action over the publication of an explosive account of the investigation into their daughter's disappearance by the former detective in charge of the case.

By Fiona Govan in Lisbon

8:59PM BST 23 Jul 2008''

The book was published on 24th July 2008. Prior to it's publication, the McCann press spokesman was briefing the media that:
"The libel lawyers who are representing Kate and Gerry and their friends are assessing every word of this book very closely, and they will not hesitate from taking legal action against Amaral if any passage requires it."

Yet Kate McCann said on oath that she first heard about it a few months after it was published.  '


Nice.

Economical with the truth, yet again.

[Brietta]

The judge finally clarifies what was her first point: the plaintiffs had asked for information about the financial situation of GA on the 6th of January but didn't obtain it, Dra Isabel Duarte having requested on the 26th of June a Court's order for the Autoridade Tributária e Aduaneira (HM Revenue and Customs) to disclose confidential documents concerning GA.
The judge decides to grant this request, which was opposed only by the Guerra&Paz lawyer who finds it unnecessary and increasing the delay up to the end of this trial. The plaintiffs have ten days to obtain the documents and release them to the tribunal.
Therefore the hearing scheduled for this afternoon (Dra Duarte) and the hearing on the 10th (the defence lawyers) will have to be postponed. Sine die, because of
1) the tribunal holidays (starting on 16 of July and ending on 31 of August) and

2) A new judiciary organization that will be implemented in the whole country in the beginning of September. http://www.justpamalam.co.uk/Kate_McCann_08_07_2014.htm

Does anyone know what this means?

[Eleanor]

The judge finally clarifies what was her first point: the plaintiffs had asked for information about the financial situation of GA on the 6th of January but didn't obtain it, Dra Isabel Duarte having requested on the 26th of June a Court's order for the Autoridade Tributária e Aduaneira (HM Revenue and Customs) to disclose confidential documents concerning GA.
The judge decides to grant this request, which was opposed only by the Guerra&Paz lawyer who finds it unnecessary and increasing the delay up to the end of this trial. The plaintiffs have ten days to obtain the documents and release them to the tribunal.
Therefore the hearing scheduled for this afternoon (Dra Duarte) and the hearing on the 10th (the defence lawyers) will have to be postponed. Sine die, because of
1) the tribunal holidays (starting on 16 of July and ending on 31 of August) and

2) A new judiciary organization that will be implemented in the whole country in the beginning of September. http://www.justpamalam.co.uk/Kate_McCann_08_07_2014.htm

Does anyone know what this means?

I shudder to think.

[Alfred R Jones]

The judge finally clarifies what was her first point: the plaintiffs had asked for information about the financial situation of GA on the 6th of January but didn't obtain it, Dra Isabel Duarte having requested on the 26th of June a Court's order for the Autoridade Tributária e Aduaneira (HM Revenue and Customs) to disclose confidential documents concerning GA.
The judge decides to grant this request, which was opposed only by the Guerra&Paz lawyer who finds it unnecessary and increasing the delay up to the end of this trial. The plaintiffs have ten days to obtain the documents and release them to the tribunal.
Therefore the hearing scheduled for this afternoon (Dra Duarte) and the hearing on the 10th (the defence lawyers) will have to be postponed. Sine die, because of
1) the tribunal holidays (starting on 16 of July and ending on 31 of August) and

2) A new judiciary organization that will be implemented in the whole country in the beginning of September. http://www.justpamalam.co.uk/Kate_McCann_08_07_2014.htm

Does anyone know what this means?

Probably means they'll have to start all over again.  Or further interminable delays. 

[sadie]

The judge finally clarifies what was her first point: the plaintiffs had asked for information about the financial situation of GA on the 6th of January but didn't obtain it, Dra Isabel Duarte having requested on the 26th of June a Court's order for the Autoridade Tributária e Aduaneira (HM Revenue and Customs) to disclose confidential documents concerning GA.
The judge decides to grant this request, which was opposed only by the Guerra&Paz lawyer who finds it unnecessary and increasing the delay up to the end of this trial. The plaintiffs have ten days to obtain the documents and release them to the tribunal.
Therefore the hearing scheduled for this afternoon (Dra Duarte) and the hearing on the 10th (the defence lawyers) will have to be postponed. Sine die, because of
1) the tribunal holidays (starting on 16 of July and ending on 31 of August) and

2) A new judiciary organization that will be implemented in the whole country in the beginning of September. http://www.justpamalam.co.uk/Kate_McCann_08_07_2014.htm

Does anyone know what this means?

Is this what Amaral has been stalling for?

[Brietta]

Is this what Amaral has been stalling for?

He has form, Sadie.  The change to the rules for making someone an arguido/a being a case in point.

[gilet]

The judge finally clarifies what was her first point: the plaintiffs had asked for information about the financial situation of GA on the 6th of January but didn't obtain it, Dra Isabel Duarte having requested on the 26th of June a Court's order for the Autoridade Tributária e Aduaneira (HM Revenue and Customs) to disclose confidential documents concerning GA.
The judge decides to grant this request, which was opposed only by the Guerra&Paz lawyer who finds it unnecessary and increasing the delay up to the end of this trial. The plaintiffs have ten days to obtain the documents and release them to the tribunal.
Therefore the hearing scheduled for this afternoon (Dra Duarte) and the hearing on the 10th (the defence lawyers) will have to be postponed. Sine die, because of
1) the tribunal holidays (starting on 16 of July and ending on 31 of August) and

2) A new judiciary organization that will be implemented in the whole country in the beginning of September. http://www.justpamalam.co.uk/Kate_McCann_08_07_2014.htm

Does anyone know what this means?

Specifically this refers to the re-organisation of the court structures which will be implemented in September. The current list of about 300 first-instance courts will be reduced to 23. Those that are no longer classed as full courts may still operate as subsidiary courts.

http://www.nc-advogados.com/2014/04/new-judicial-organization.html

There may be repercussions in other courts with regard to timing of cases.

The Portuguese legal system was identified by the EU as one of the major problems in stimulating growth in the Portuguese economy.

This article from Reuters very succinctly explains the background with businesses tied up in court cases for upwards of 20 years without seeing any results..

http://www.reuters.com/article/2012/09/19/us-portugal-judiciary-reform-idUSBRE88I09V20120919

The EU demanded a programme of legal reform as part of its requirements for continued financial assistance. Those reforms included a restructuring of the court system (to be implemented in September), an improvement to the Civil Legal Code (which was implemented in September last year) and specific reforms to debt law in Portugal.

One point related to the changes in the Civil code is that the Judges hearing current cases (as in the McCann case) have until September of this year (as the theoretical deadline) to ensure that any procedural changes from the previous code to the current one are dealt with. This means that there may be procedural issues which the Judge in the McCann case has not yet dealt with. As an example there are a lot of changes to the way in which final hearings in court cases are dealt with and the judge may still have to consider these changes.

Further references:

http://ec.europa.eu/portugal/pdf/comissao/destaques/portugal_programme_assessment_15052014_en.pdf

http://www.amsa.pt/xms/files/cil_procedures_lax_21_ago_2013.pdf

If mods believe that this answer to a question on this thread is off-topic could it be moved to a separate thread rather than simply be deleted? Personally, I believe it is entirely on-topic.