Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.

[stephen25000]

I expect the mccanns to receive damages...Duarte seems to have none a brilliant job...don't know how much that will be but to me what's most important is that amaral has lost his case...any money will simply be paid into the fund

Keep wishing Dave.

Since that is all you have left.

[Mr Gray]

...and how do you come to that conclusion given the judge has said the McCanns were upset at the contents of the book"which is normal" (to be upset) but that the book did not cause the 'suffering' they claimed.  I don't know how  they can claim monies on behalf of Maddie as her where about is 'unknown'. The judge cannot make an award to someone who may be dead.

It is interesting that after being 'missing' for more than 7 years she could be declared dead legally. There is also the claim for the twins- they were not represented by their own lawyer or independent Psychologist/Psychiatrist.

They also failed to provide evidence of the search being affected...

I don't believe the judge said ...i.e. that is normal...more likely that phrase was added by the translator

[Miss Taken Identity]

I don't believe the judge said ...i.e. that is normal...more likely that phrase was added by the translator

I don't think so Davel, i will tell you why.

During the hearing The judge asked Kate what was worse: ....)
Why did she ask that question do you think?
And what should the answer have been?

For me the answer would have been -"the worst thing for me was what has happened to my daughter" My life will never be the same- I also live with the terrible guilt of not being there to protect her"

But well the actual answer is well documented and the judge decided that losing the daughter was the real cause of the depression and not the contents of a book.

I think this was a money trick which went wrong for them. I wished they had never embarked on it. It has not brought them peace. Nor will the outcome affect the search for little Maddie!

[Mr Gray]

I don't think so Davel, i will tell you why.

During the hearing The judge asked Kate what was worse: ....)
Why did she ask that question do you think?
And what should the answer have been?

For me the answer would have been -"the worst thing for me was what has happened to my daughter" My life will never be the same- I also live with the terrible guilt of not being there to protect her"

But well the actual answer is well documented and the judge decided that losing the daughter was the real cause of the depression and not the contents of a book.

I think this was a money trick which went wrong for them. I wished they had never embarked on it. It has not brought them peace. Nor will the outcome affect the search for little Maddie!

What you think is totally unimportant...the fact is that it has been proved in a Portuguese court that amaral has caused damage to the mccanns..

[stephen25000]

What you think is totally unimportant...the fact is that it has been proved in a Portuguese court that amaral has caused damage to the mccanns..

and the McCann's will get what they so richly deserve.

NOTHING.

[Mr Gray]

and the McCann's will get what they so richly deserve.

NOTHING.

money is not important as it will go straight  into the fund...I expect they will get damages

[DCI]

Anne Guedes

In a civil court, the facts that were gathered and considered as evidence by the judge, within the limits fixed for a trial, are normally not publicised, whereas in a penal court they have to be stated publicly.

This morning's session, which was no hearing, happened to be open to the public (reduced to 3 persons, me included, no journalist) just because, due the restructure of the juridical system that occurred end of August, the judge Maria Emília de Melo e Castro has been nominated to another section and doesn't belong to this civil court anymore, having therefore no office in the Tribunal Civil de Lisboa. So she needed a court room to release to the lawyers the document she elaborated.

Only four lawyers were present :

For the claimants, Dr Ricardo Afonso  (representing Dra Isabel Duarte)

For the defence,  Dr Miguel Cruz Rodrigues, Dra Fatima de Oliveira Esteves, Dr Henrique Costa Pinto. Dr Miguel Coroadinha (TVI) was absent.

The Judge asked the lawyers to read the document in case they needed clarification on some points or had any objection, suggesting it wasn't definitive. In fact it is on this document that the lawyers who solicited it at the last hearing (all of them) will build their "allegations of law", i.e indicate how they would interpret the law on these topics. The judge left the court room, leaving the lawyers at their reading.

And so it happened. 

A quarter of an hour later, the judge entered the room (through the witnesses', clerk's and lawyers' entrance and not through the judge's special entrance) and asked for observations.

The only lawyer who intervened was Dr Henrique Costa Pinto (Valentim de Carvalho Multimedia).

He found some contradiction concerning the article 17 and the green light to the DVD's production. He underlined that he was mentioning this issue informally. The judge explained that she took various sources into account and that commercializing is one thing and selling another. Therefore she thought it wasn't contradictory, but admitted that without the context it might let one think it was.
 
The other issue was related to the WOC issue. From this day on, the claimants have 30 days to hand over the London Court's authorization to have Madeleine McCann represented by her parents in this trial. Meanwhile the trial is suspended. After the 30 days delay, which of course can happen to be shorter, the lawyers will have ten days to hand in their "allegations of law".

This note is obviously my last contribution to the trial reports, as the sentence will be notified to each lawyer by mail.

Analyzing the terms of the sentence is another chapter.

[Mr Gray]

Amaral claimed in july 14 he would countersue the McCanns for damages...is he going barmy?

[faithlilly]

Thank heaven for that.  So it won't affect the final payout.

Yes thank heavens because it proves that Kate, via their Facebook webmistress, lied when she claimed that it was only a rumour that they were seeking to settle.

[Mr Gray]

Yes thank heavens because it proves that Kate, via their Facebook webmistress, lied when she claimed that it was only a rumour that they were seeking to settle.

another one of your unsubstantiated claims  no doubt you just misunderstood the written word

[faithlilly]

another one of your unsubstantiated claims  no doubt you just misunderstood the written word

There is no misunderstanding. The webmistress answered, when asked if it was only a rumour that the McCanns were trying to settle with Amarsl, that she would have to consult Kate on the matter. Sometime later an email was received verifying that yes, it was only a rumour.

No wriggle room there.

[Mr Gray]

There is no misunderstanding. The webmistress answered, when asked if it was only a rumour that the McCanns were trying to settle with Amarsl, that she would have to consult Kate on the matter. Sometime later an email was received verifying that yes, it was only a rumour.

No wriggle room there.

You would need to supply the exact wording...who was the email from...the mccanns certainly were not trying to settle on amarals terms as blacksmith claimed...so does that make blacksmith a liar

[faithlilly]

You would need to supply the exact wording...who was the email from...the mccanns certainly were not trying to settle on amarals terms as blacksmith claimed...so does that make blacksmith a liar

But it would have been on Amaral's terms. Thankfully he let justice take its course.

[Mr Gray]

But it would have been on Amaral's terms. Thankfully he let justice take its course.

Thankfully he did not settle which may very well make him liable for both sides legal fees.....blacksmith said the mccanns would settle on amarals terms...he lied

[Mr Gray]

John Blacksmith writes: #McCann s are going to settle on  Amaral's terms & that means it's the beginning of the end of six years of lies....


So Blacksmith lied