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Do you think the judge will...

Rule case dismissed.
17 (42.5%)
Allow the claim and award substantial damages.
5 (12.5%)
Allow the claim and award token damages.
18 (45%)

Total Members Voted: 33

Voting closed: February 27, 2015, 02:50:24 PM

Author Topic: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.  (Read 147063 times)

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Alfred R Jones

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Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #780 on: February 21, 2015, 05:57:24 PM »
Did Duarte believe it to be fraudulent because of the following admission from Sofia?

“I will not get divorced. That would be a fraud. Our family lives in full communion [unity].”

http://www.cmjornal.xl.pt/nacional/portugal/detalhe/mccann-querem-casa-de-amaral.html

Offline Eleanor

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #781 on: February 21, 2015, 06:05:39 PM »
Did Duarte believe it to be fraudulent because of the following admission from Sofia?

“I will not get divorced. That would be a fraud. Our family lives in full communion [unity].”

http://www.cmjornal.xl.pt/nacional/portugal/detalhe/mccann-querem-casa-de-amaral.html

So Why did she change her mind?

Offline Jean-Pierre

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #782 on: February 21, 2015, 06:07:27 PM »
No and neither was he prosecuted for making a false declaration.

You would have thought Duarte would have better ways to spend her time than trying to have Amaral charged with a criminal offence. It's as if her clients aren't sure of a win so they are throwing everything at him in the vain hope something, anything will stick

Given the rather overloaded court system in Portugal, the reality is, it is unlikey he would face prosecution.  I would not read too much into it.

AFAIK he didnt get his legal aid though.   

Offline DCI

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Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #783 on: February 21, 2015, 06:09:46 PM »
Why was his application for legal aid turned down, anyone know?

Because he had assets of €39,000 per year and a house, he denied he owned.
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Alfred R Jones

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Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #784 on: February 21, 2015, 06:11:28 PM »
So Why did she change her mind?
Maybe they divorced for other reasons, nothing at all to do with the money... 8)-)))

Offline DCI

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Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #785 on: February 21, 2015, 06:15:38 PM »
Maybe they divorced for other reasons, nothing at all to do with the money... 8)-)))

Ya think? Lol.
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Offline Jean-Pierre

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #786 on: February 21, 2015, 07:09:40 PM »
Ya think? Lol.

Another one who seems to think the world owes them a living, connected to this case.   Expecting the state to fund their legal adventures.

If Amaral is running out of money, why not get a job?

Bennett was another one denied legal aid because he had too much money. 


Offline Montclair

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #787 on: February 21, 2015, 08:34:19 PM »
Because he had assets of €39,000 per year and a house, he denied he owned.

How do you know that he denied owning a house? He could hardly use his house to pay for the legal costs. Furthermore, when he applied for legal aid, most of his assets had been frozen.

Offline Montclair

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #788 on: February 21, 2015, 08:37:05 PM »
Another one who seems to think the world owes them a living, connected to this case.   Expecting the state to fund their legal adventures.

If Amaral is running out of money, why not get a job?

Bennett was another one denied legal aid because he had too much money.

How do you know that he doesn't have a job? Part of his pension has been taken from since 2009 and any other income.

Offline DCI

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Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #789 on: February 21, 2015, 08:57:45 PM »
How do you know that he denied owning a house? He could hardly use his house to pay for the legal costs. Furthermore, when he applied for legal aid, most of his assets had been frozen.

Note the date 2009

Amaral seeks legal aid support and states he has no assets Jornal de Notícias

by Alexandra Serôdio
01 December 2009 - 00h30m
Thanks to Joana Morais for translation

Gonçalo Amaral asked for the help of the State in order to be able to defend himself against the case brought by the McCanns.

Citing economic insufficiency to pay the court costs, the former PJ coordinator saw the Civil Court of Lisbon preventively seize the earnings made from the sale of the book and of the documentary through a sole-proprietorship company in his name, as a way to ensure that there will be money to pay any compensation, whose pertinence can only be examined through the main action.

In the aid application document, dated 24 September, Amaral declared an annual net income of 39 thousand Euros, with a household of four people: himself, his wife and two little girls, of 11 and five-years-old. He also states that he does not own any real estate property.

According to a document from the Land Registry Office of Olhão, dated 21 September, to which the JN had access, Amaral, 'owns' a single-family house consisting of two floors, two terraces and a swimming pool, which is valued at more than 200 thousand euros.

The sole-proprietorship company in Amaral's name, created for the marketing of the book, has a car registered, of the Jaguar brand. The registration of that property was made in May, this year.
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stephen25000

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Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #790 on: February 21, 2015, 09:10:45 PM »
Note the date 2009

Amaral seeks legal aid support and states he has no assets Jornal de Notícias

by Alexandra Serôdio
01 December 2009 - 00h30m
Thanks to Joana Morais for translation

Gonçalo Amaral asked for the help of the State in order to be able to defend himself against the case brought by the McCanns.

Citing economic insufficiency to pay the court costs, the former PJ coordinator saw the Civil Court of Lisbon preventively seize the earnings made from the sale of the book and of the documentary through a sole-proprietorship company in his name, as a way to ensure that there will be money to pay any compensation, whose pertinence can only be examined through the main action.

In the aid application document, dated 24 September, Amaral declared an annual net income of 39 thousand Euros, with a household of four people: himself, his wife and two little girls, of 11 and five-years-old. He also states that he does not own any real estate property.

According to a document from the Land Registry Office of Olhão, dated 21 September, to which the JN had access, Amaral, 'owns' a single-family house consisting of two floors, two terraces and a swimming pool, which is valued at more than 200 thousand euros.

The sole-proprietorship company in Amaral's name, created for the marketing of the book, has a car registered, of the Jaguar brand. The registration of that property was made in May, this year.

The fixation with Amaral by members of the McCann clan is quite disturbing.


Why not an examination of all property and goods owned by the McCann's since the the publishing of the book onwards ?


Offline DCI

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Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #791 on: February 21, 2015, 09:23:04 PM »
How do you know that he doesn't have a job? Part of his pension has been taken from since 2009 and any other income.

He was in dept up to his eyeballs, well before 2009. Check out the dates tax debts and seizures.

Portuguese newspaper 24horas today: The judge who ordered the seizure of the house and jaguar of former PJ inspector, rated a trail of debts, in a action of anticipation of the eventual sentence of compensation to Madeleine´s parents. The assets of Gonçalo Amaral was already precarious before the decision of the Civil Court of Lisbon, who last October ordered the arrest of the proceeds frfom the rights of copyright related with the sales of the book "Maddie - the truth of lie". Until May 19, 2008, hung over Gonçalo Amaral, two measures of attachment, an attachment of seize and tax / debts, which together amounted to 468, 4 thousand euros. According with a certificate signed by the 3rd Land Registry of Lisbon, with the date of 21st September of 2009, which 24horas had access - the former PJ inspector was noticed in those three actions by A.S. Amaral, by the National Treasury and also from the Bank of Espírito Santo. The first of those three actions, a seizure of the order of 129, 6 thousand euros, was brought at February 9th of 2005, referring to a "fact" verified in December 16th previous year. A.S. Amaral, and the applicant of the action was at the time, resident in na 3rd floor of Quinta da Mata, in Corroios (Seixal). 24horas could not locate him. At September 14th of 2006, new "nightmare to Gonçalo Amaral with the National Treasury to move forward with seize action of 16.996 euros. The day of May 19th of 2008 was a date of an even worst news. An action - another one - the seize by the Bank Espírito Santo (which belongs to BIC) against Gonçalo Amaral reaches the sum of 294.405 euros, plus with other 14,7 thousand as payment of expenses of the executive process, judged and ordered by a judge of Olhão´s Court. The Civil Court of Lisbon understood, once evaluated the finantial situation of Gonçalo Amaral, that if he becomes to be condemned as a result of the application of indemnization requested by Madeleine´s parents, does not offer guarantees of match it´s payment. It´s from that assessment that comes the decision of... arrest the house, the jaguar, the share of Amaral in the company Gonçalo Amaral Unipessoal Lda, and a third part of his salary as manager of the firm.

House arrested:

Amaral and his wife, Alexandra, had bought a house with 240 square metres on a land with a total area of 1145 square metres at Urbanização Cerro Azul, in Quelfes, Olhão - with 2 floors, 2 terraces, a pool and a garage - at October 25 of 2002. The house was registered only in Alexandra´s name, but, the registration communion marriage of acquired in which the married, dictated their arrest due to actions taxes against her husband. The couple payed for the house 204, 3 thousand euros, form which they move forward with na voluntary morgage, as a loan title, hired in that same day and near BIC, with the total value of 292,9 thousand euros. At october 31st of 2003, the demand another loan at the same bank, with the top value of 64, 5 mil euros.

Retirement pension also under "pillage":

That same house would be the target of a seize of 129,9 thousand euros demanded by A.S. Amaral in 2005 and would work with the same purpose on the next seize, the one at 2006, as a guarantee of payment of 16.996 euros to the National Treasury. But, there is more. Retired since June 2008, Gonçalo Amaral receives a pension by early retirement - after 26 years of service - of 2039 euros, but the Retirement Administration Office forces him to discount a sixth part of that value every month, until the value of that debt reaches the 10.505 euros. The former inspector payed five of those benefits until the beginning of October. He has yet 26 to pay. And yet... a certificate of debts of October 16th of 2009 at Finantial Service from Olhão which proves that Amaral owes to the Tax payer office a total of 13.426.7 euros. The debts (of 2006, 2007, 2009) has origin in fines, IRS, stamp duty and transfer tax. In a statement released in October 21, Amaral told that he feared to "be prevented of defending his reasons in court" due to the "higher costs of money" by the judicial action requested by the couple McCann. 24horas tried to get in touch with Amaral and his wife to clarify this situation. None of them answered the phone. Also none of them answered the written messages sent by 24horas.

80 thousand for tv interview:

At the end of april 2009, a correspondent of Five News requested an interview to Amaral. According to information gathered by 24horas, the British journalist received Amaral´s answer, but the interview, if granted, would have to be payed. Amaral issued that he would charge 80 thousand euros, also the same with other broadcasts including Portuguese tv channel TVI.
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stephen25000

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Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #792 on: February 21, 2015, 09:26:46 PM »
He was in dept up to his eyeballs, well before 2009. Check out the dates tax debts and seizures.

Portuguese newspaper 24horas today: The judge who ordered the seizure of the house and jaguar of former PJ inspector, rated a trail of debts, in a action of anticipation of the eventual sentence of compensation to Madeleine´s parents. The assets of Gonçalo Amaral was already precarious before the decision of the Civil Court of Lisbon, who last October ordered the arrest of the proceeds frfom the rights of copyright related with the sales of the book "Maddie - the truth of lie". Until May 19, 2008, hung over Gonçalo Amaral, two measures of attachment, an attachment of seize and tax / debts, which together amounted to 468, 4 thousand euros. According with a certificate signed by the 3rd Land Registry of Lisbon, with the date of 21st September of 2009, which 24horas had access - the former PJ inspector was noticed in those three actions by A.S. Amaral, by the National Treasury and also from the Bank of Espírito Santo. The first of those three actions, a seizure of the order of 129, 6 thousand euros, was brought at February 9th of 2005, referring to a "fact" verified in December 16th previous year. A.S. Amaral, and the applicant of the action was at the time, resident in na 3rd floor of Quinta da Mata, in Corroios (Seixal). 24horas could not locate him. At September 14th of 2006, new "nightmare to Gonçalo Amaral with the National Treasury to move forward with seize action of 16.996 euros. The day of May 19th of 2008 was a date of an even worst news. An action - another one - the seize by the Bank Espírito Santo (which belongs to BIC) against Gonçalo Amaral reaches the sum of 294.405 euros, plus with other 14,7 thousand as payment of expenses of the executive process, judged and ordered by a judge of Olhão´s Court. The Civil Court of Lisbon understood, once evaluated the finantial situation of Gonçalo Amaral, that if he becomes to be condemned as a result of the application of indemnization requested by Madeleine´s parents, does not offer guarantees of match it´s payment. It´s from that assessment that comes the decision of... arrest the house, the jaguar, the share of Amaral in the company Gonçalo Amaral Unipessoal Lda, and a third part of his salary as manager of the firm.

House arrested:

Amaral and his wife, Alexandra, had bought a house with 240 square metres on a land with a total area of 1145 square metres at Urbanização Cerro Azul, in Quelfes, Olhão - with 2 floors, 2 terraces, a pool and a garage - at October 25 of 2002. The house was registered only in Alexandra´s name, but, the registration communion marriage of acquired in which the married, dictated their arrest due to actions taxes against her husband. The couple payed for the house 204, 3 thousand euros, form which they move forward with na voluntary morgage, as a loan title, hired in that same day and near BIC, with the total value of 292,9 thousand euros. At october 31st of 2003, the demand another loan at the same bank, with the top value of 64, 5 mil euros.

Retirement pension also under "pillage":

That same house would be the target of a seize of 129,9 thousand euros demanded by A.S. Amaral in 2005 and would work with the same purpose on the next seize, the one at 2006, as a guarantee of payment of 16.996 euros to the National Treasury. But, there is more. Retired since June 2008, Gonçalo Amaral receives a pension by early retirement - after 26 years of service - of 2039 euros, but the Retirement Administration Office forces him to discount a sixth part of that value every month, until the value of that debt reaches the 10.505 euros. The former inspector payed five of those benefits until the beginning of October. He has yet 26 to pay. And yet... a certificate of debts of October 16th of 2009 at Finantial Service from Olhão which proves that Amaral owes to the Tax payer office a total of 13.426.7 euros. The debts (of 2006, 2007, 2009) has origin in fines, IRS, stamp duty and transfer tax. In a statement released in October 21, Amaral told that he feared to "be prevented of defending his reasons in court" due to the "higher costs of money" by the judicial action requested by the couple McCann. 24horas tried to get in touch with Amaral and his wife to clarify this situation. None of them answered the phone. Also none of them answered the written messages sent by 24horas.

80 thousand for tv interview:

At the end of april 2009, a correspondent of Five News requested an interview to Amaral. According to information gathered by 24horas, the British journalist received Amaral´s answer, but the interview, if granted, would have to be payed. Amaral issued that he would charge 80 thousand euros, also the same with other broadcasts including Portuguese tv channel TVI.

Total obsession.

Now give a financial breakdown of the McCann's expenditures.

Offline DCI

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Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #793 on: February 21, 2015, 09:31:45 PM »
Total obsession.

Now give a financial breakdown of the McCann's expenditures.

Don't be silly, it's AMARALS DEBTS FROM 2003, not expenditures.

Why don't you do one instead of posting crap.
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stephen25000

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Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #794 on: February 21, 2015, 09:41:16 PM »
Don't be silly, it's AMARALS DEBTS FROM 2003, not expenditures.

Why don't you do one instead of posting crap.

I'm not the one posting crap.

It's you and your fellows explain what his debts or expenditure have got the slightest to do with this  case ?

As to financial problems, in case you forget the McCann's had their own.

They got bailed out by the fund.

All because of their own friggin stupidity in the first place.

Now, I'll let you do one.

« Last Edit: February 21, 2015, 09:48:48 PM by stephen25000 »