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Couple defends themselves from attacks of former PJ inspector

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Couple defends themselves from attacks of former PJ inspector

Post by Pedro Silva on Thu Dec 24, 2009 3:44 am

My friends, today at 24horas:

Gerry and kate insists that the Portuguese authorities considers no evidence of proof that they are behind thei daughter´s disappearance.

Couple McCann defends themselves from the attacks of former PJ inspector.

Madeleine´s parents writes open letter to Gonçalo Amaral.

Madeleine´s parents are tired of what they say is misrepresentations" of reality carried out by Gonçalo Amaral. In an open letter, they say they are entitled to the good name and that is constantly challenged by the former PJ inspector.

By considering that the news that have been published in the last few days about the civil proceedings which opposes us to Gonçalo Amaral contains misrepresentations of truth or interpretations of the law in force in Portugal, true to the rights enshrined in the Constitution, we understand we must clarify the following questions:

1. Freedom of speech and the right to respect and good name:
Freedom of speech is a fundamental right provided in the Constitution of the Portuguese Republic. But also are, regardless of the nationality, the right to a fair treatment and access to the right and to courts, to moral integrity, to good name and reputation, the obstruction of the perpetuity of sentences and the presumption of innocence until res judicata effect of criminal sentences. Also is the right of resistence to unlawful aggression. As it is, specially, the right to life.

The restrictions to all these rights, says the Constitution, can only exist to protect fundamental rights.

So, we ask, to any common citizen who reads us, if understands that both nof us, which ae not accused of any crime, and were considered innocents by a dispatch which concludes from, the coordinated investigation at its crucial moment by Gonçalo Amaral "not achieved any element of proof which allows that an average man, to the light of criteria of logical, of normality and the general rules of experience, to formulate any lucid, wisely, serious and honest conclusion about the circumstances in which checked the removal of a child from an apartment, not spell out, even, a consistent prognosis", we have the right to be left in peace, to see preserved our lives, our name, and, above all, the search to find our daughter, whose right to life, in the light of the Portuguese Constitution, is sacrosant? Given the content of this order, from the responsability of two judges, where the book of Mr. Amaral is clearly condemned, even before being published, can we say that the conclusions of that book are logical, normal, lucid, wise, serious or honests? That should be protected by law and by court?

Does the book brought any advantage or boost to the investigation about the disappearance of our daugther? Or only enriched the author, publishers, advisors, commentators, and who gave voice?

We are certain that it would not be difficult to understand the size of our open wound. We ask to each one to put the case itself. Therefore we have the right to face the aggressions that we have been continuously subject, to the courts, whose decisions are sovereign and free. What will come next, for us or against us, it´s not censorship or undue advantage, it is only the result of balancing freedom of democratic standards and fundamental rights to which both we and the author of the book we are subjet.

2. The injunction:
The injunction of the book aprehension has already two judicial labels and can and should be released by interest to all citizens, who in name of the freedom of speech, are in risk of being accused for life, after being considered innocents by the courts. We do not sell that decision anywhere, contrary to the author of the book, at least until the suspension of the same, such as our conversations with reporters, formal or informal, not happen in return of financial compensations, also contrary to Gonçalo Amaral, that while he could, did or tried to.

3.Economic suffocation:
Gonçalo Amaral, at the end of September of 2009, when requested to the State to assume, with the contributions of the Portuguese , the payment of all his procedural costs in all the iniciatives triggered by us against him, declared that he had no real estate and companies, and that only his wife had a car. But, the truth is, at that time, like now, he was the owner of a Villa for seven years and built a personal company for almost a year, in addition to having bought, according to him for 40.000 euros (35.65760 £) the now famous Jaguar, who he registered in the name of this company, created with the social capital of 5000 euros (4457.20 £).

That Villa was already placed under sequestration, since 2005, by António de Sousa Amaral, which is believed to be a relative from Gonçalo Amaral, and the same Villa was also seized two times, either by the Treasury in 2006, for various tax debts, either by the Espírito Santo Bank, which instaured against him the execution which runs in terms with the number 969/07 by the 3rd Court of Olhão, by lack of payment of the loan. The last endorsement of the burden of his house dates of May 19th of 2008, precisely a year before the purchase of the Jaguar. All these records are public and can be consulted at the Conservatórias dos Registos Predial, Comercial e Automóvel (Conservatory of Property Records, Commercial and Auto). The lack of payment to the creditors does not work, because, from our judicial activity, which, so far, has not seen any seizure, in his benefit, any goods, that, previously, not already being compromised, nor any guarantee that Gonçalo Amaral be a beneficiary. The Treasury, his family and the bank took care of it before.

4. Judicial costs:
Gonçalo Amaral says that the costs he has to pay for the civil action, which seeks an order for payment of compensation, amounting to about 30.000 euros (18.721.6 £) and first he has to pay it and only then he can challenge the action. First, by considering this amount, he is taking his action to lose, because only in this case is that you have to pay more than the application fee required. On the other hand, not only was challenged, as not paid, have asked for the support of the State, as stated above. And if he had to pay, he would pay, to be able to challenge that process, only the maximum value of 2040 euros (1818.54 £) or the minimum 1530 euros (1363.90 £), depending only the way his lawyer talks with the Court. To check these values please consult, for example:
https://igfij.mj.pt/custas/Paginas/Autoliquidacoes

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Re: Couple defends themselves from attacks of former PJ inspector

Post by vee8 on Thu Dec 24, 2009 3:56 am

Thanks Pedro.
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Re: Couple defends themselves from attacks of former PJ inspector

Post by Rosie on Thu Dec 24, 2009 4:50 am

Well, well looks like Amaral has been economical with the truth and not only has he been ferreting money into his wife's name, he has also ferreted property into another of his relatives' name. Also, if I have read it correctly, it looks like he has been telling lies about how much it would cost him to defend himself in court.

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Re: Couple defends themselves from attacks of former PJ inspector

Post by Pedro Silva on Thu Dec 24, 2009 4:52 am

5.Why is it of utmost inportance to respond to the repeated provocations that Gonçalo Amaral says publicly?
Regardless of all the questions that may be raised about the bad / improper research of the investigation, when Gonçalo Amaral was responsible for it, there is a missing inocent child. It is for her that we are commited in restore the fragile balance which allow us to have conditions to find her, open, with great efforts and painstakingly, ways to the discover of new leads to find our daughter. Our daugther is still missing and needs everybody´s help. We and her twins, Sean and Amelie, feels a lot her absence, much more then words can describe. Family time approaches and we are going to spend another Christmas without our Madeleine. Therefore, we ask one more time help: any person in Portugal who has some information about the disappearance of Madeleine McCann can contact through the phone number 800 814 028, or to the address Apartado 14196/EC - 5 de Outubro, 1064 - 003 - Lisboa - portugal, or to the email: investigation@findmadeleine.com or also through the official website www.findmadeleine.com (English) or also to the Portuguese site: www.procuremadeleine.com.pt

Gerry and Kate McCann

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Re: Couple defends themselves from attacks of former PJ inspector

Post by sans_souci on Thu Dec 24, 2009 5:06 am

Very interesting. The application fee of roughly 2k is in accord with my understanding. It makes me wonder why he has been quoting the sum of 30k around. There must be a reason, surely.

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Re: Couple defends themselves from attacks of former PJ inspector

Post by christabel on Thu Dec 24, 2009 6:39 am

sans_souci wrote:Very interesting. The application fee of roughly 2k is in accord with my understanding. It makes me wonder why he has been quoting the sum of 30k around. There must be a reason, surely.

Sans, Gonc was never very good at adding up, unless it was 10 green bottles whilst
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Re: Couple defends themselves from attacks of former PJ inspector

Post by Rosie on Thu Dec 24, 2009 8:11 am

sans_souci wrote:Very interesting. The application fee of roughly 2k is in accord with my understanding. It makes me wonder why he has been quoting the sum of 30k around. There must be a reason, surely.

What about Joana Morais and her little begging bowl effort, where does she fit in all of this? It doesn't look very good, Amaral says he needs 30K for his defense and yet £2000 tops will do it. Morais is going around the internet actually procuring money for this fund, from anyone who will listen to the Amaral sob story. There is an account opened for Amaral in the name of this Sargento forensic psychologist person.
Now Amaral has all of his assets frozen, so now Morais and this Sargento are providing him with a bank account, albeit not actually in Amaral's name. Surely the authorities need to know of this bank account's existence? They need to know what money is going into that account, where it is coming from, if it is taxable and who has access to it and who is spending it, if it is being used for his "defense" and who payments have been made to and how. If Amaral's assets have been frozen, then this 'unearned' income has to be an asset, no matter whose name it is in surely?
how does anyone know that someone else is not putting large amounts of cash into that account for Amaral's personal use?

There is something not quite right here. I wonder if Isabel Duarte is aware of this cyber begging for money going on?

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Re: Couple defends themselves from attacks of former PJ inspector

Post by dianeh on Thu Dec 24, 2009 9:32 am

Pedro, can you confirm that in point 4 that you are saying (well the article actually) that the 30,000 Euro is only payable if he countersues (challenges) the McCanns and loses, as he would have to pay the costs. If he were to countersue and win, then he would only have to pay an application fee of 2,000 Euros.

Additionally, if he is to get Legal Aid (state funding for the lower income earner for legal expenses) then he would never be liable for court costs of more than approx 1,800 Euros.

____________________________________________

This all sounds quite reasonable, until the point where Amaral is asking for 30,000 Euros. He must then be expecting to lose, or else he is pulling a swifty.

Last question. Is the 30,000 payable if he loses from defending the McCann's action, or is it only payable if he takes a counter action and sues the McCanns?

I addressed this to Pedro, but Maria, if you have any idea, or anyone else, I would be happy for you to answer.
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Re: Couple defends themselves from attacks of former PJ inspector

Post by Pedro Silva on Thu Dec 24, 2009 8:30 pm

Dianeh, my friend, what I know is what I posted here, taken from the newspaper, while I translated with the newspaper in my hand yesterday.

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Re: Couple defends themselves from attacks of former PJ inspector

Post by sans_souci on Thu Dec 24, 2009 8:46 pm

I understand that he would have to pay the court and application fee upfront to appeal the injunction, unless he gets legal aid. Therefore, he can appeal for a max payment of 2000 - if he loses he has to pay his share of the rest.

If he persists in his contention that he must ay 30k upfront in order to contest the injunction, it may mean that his lawyer is sufficiently confident of winning that he wants 28k of fees in advance. Maybe he knows Amaral quite well.

The fund is entirely separate from Amaral, and as such there are no declaration or tax consequences.

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Re: Couple defends themselves from attacks of former PJ inspector

Post by Rosie on Thu Dec 24, 2009 9:02 pm

I have a question for Maria and Pedro too, can people claim legal aid for "civil" cases, such as libel? Over here in the UK we cannot claim legal aid for such cases, so when Amaral first mentioned this I was a bit surprised, after all, the State could be left with some hefty bills if people started claiming legal aid for civil cases, especially such cases as libel, which are notoriously expensive over here in the UK.

The likelihood of Amaral winning this case is negligible, the same judge who has already issued two injunctions preventing Amaral from further publications of the book, from gaining from the book in any way, such as, talking about it and giving PAID and unpaid interviews, even across Europe and I understand that it is this *same* judge that will hear the case when it eventually gets into court.

I think all this talk of counter suing is just bluff and bluster, Amaral is pleading poverty and making a great show of it and he is actually offering this up as a reason NOT to sue the McCanns. I believe he has been advised he will NOT win and will further incriminate himself, as much more is likely to be revealed about his corruptness and utter "incompetence" if he counter-sues, he will be forced to prove his "thesis" and quite simply he cannot, unless of course he can produce a body and concrete evidence that the McCanns harmed their daughter and deliberately concealed her body. This cannot be proved, if it could, then the McCanns would have been charged and be in court answering *criminal* charges, instead the Portuguese attorney general and two of Portugal's prosecutors ruled that the McCanns had no case to answer and there was no reason to suspect any wrongdoing, so Amaral is up the creek without a paddle, any proof he comes up with, immediately he would land himself in serious *criminal* trouble for perverting the course of justice, withholding information of a crime, concealing information of a crime, the list goes on and on, he would in short probably land himself with a prison sentence. This is the man that was sacked from this investigation after 5 months, so theoretically, he knows no more than any of us, and should know no more than any of us. This is the crux of the whole case, he has no proof, so simply cannot publish his accusations ergo, he has committed libel and defamation of character and because of him the McCanns characters have been harmed, this of course affects ALL their children, which is why I think that this action has been brought in all their names.
The way I see it, the McCanns can prove beyond reasonable doubt that their characters have been harmed, there is so much proof of this that they would be hard placed to choose what to mention in court, more than this, because of what Amaral has been writing people believe that Madeleine is dead and her parents killed her, so therefor anyone who may have information would not come forward because they attach no importance to that information.
Amaral can call this a "thesis" if if he wants, it doesn't matter what he wants to call it, the court will call it libel and defamation.

This talk of his "thesis" is interesting, I believe he is trying to present it in the same way that Paulo Cristovao presented the Star of Joana and the Star of Madeleine and made money out of both these missing girls. He of course turned his book into a fictional account, but left the reader in no doubt who he was talking about.
Of course I believe this could have been challenged, but the relatives of Joana Cipriano were and still are in no position to challenge this book in the civil courts and at the time Cristovao released the Star of Madeleine, the McCanns were in no position mentally or physically to challenge him. They were still prevented from speaking by Goncalo Amaral, unnecessarily invoking the secrecy order on them over their daughter. In other words it was Goncalo Amaral that actually GAGGED the McCanns and prevented them from defending themselves. If I were Paulo Cristovao, I would be looking at my bank balance, because if this case goes the McCanns way, they could very well be coming after him next, they look to now be in a place where they are sick of taking all of these lies from people and sick of seeing people make obscene amounts of money out of *their* daughter, they look to me as if they are on a mission to have these people stopped from cashing in on Madeleine's name. Paulo Cristovao once tried goading the McCanns, saying let them sue him he is ready for them, os Paulo Cristovao ready for it now? Is he still so brave? If he is let him now goad the McCanns again!
I believe the McCanns have realised the harm these people are doing to the search for Madeleine and will now stop at nothing to have these people prevented from their despicable actions. Here if that idiot Steve Marsden, has really brought that book out (and I do not believe he has) but if he has, he is going to be in serious, serious trouble. For him, not only will he lose everything financially, he will probably get himself kicked out of the USA too!

As for this counter suing business, for Amaral to counter sue against this is purely a waste of €30.000, he knows this of course, so I believe he has made it known that he has no money and cannot sue, (I believe this to be a lie) thus saving face, what he did NOT want was Joana Morais "mugging" old people for their pensions, trying to raise the money to give him his day in court. It is all a face saving exercise, for so long now he has carried on about how he is going to obliterate them in court and how he is going to have his day in court and what he will do to the McCanns when he gets them to court etc, Amaral followers have lapped all this up and believed his lies (as usual), they have been taken in hook line and sinker. Now of course he has his chance and he has run away, there is no way he is going to be suing the McCanns.
Amaral has crafted this situation now, it is the only thing he can do, I believe he is cared and clutching at straws, and his lawyer Antonio Cabrita, has either advised him not to do this and Amaral being Amaral has not listened to him and has just blundered on ignoring his lawyer, or the lawyer himself is an idiot and is useless, either way Antonio Cabrita's reputation is going t be in tatters at the end of this, he really does look like he knows nothing.

Amaral himself is now trying to blame the McCanns for his own failures, by introducing freedom of speech, Amaral being Portuguese knows only to well this is an emotive subject in Portugal and once again Amaral is creating a smokescreen and is in fact actually libelling and defaming the McCanns yet again, by accusing them of curtailing his freedom of speech. They are not of course, what they are doing is preventing him from telling his lies and presenting them as fact and then profiting from them and from their daughter, by selling those lies in the form of a "thesis" in books, TV documentaries, TV/Radio interviews, newspaper and magazine interviews.
More people would have listened to and believed Amaral because he was a former PJ inspector and because he headed this investigation for five months. Amaral knows this and has used this to his full advantage to make as much money out of this case, even while this investigation was still live, Amaral was making money out of it, it should never have been allowed, but he was allowed to do it.
The more he got away with, the bolder he became. This will go against him and for the McCanns. I believe the McCanns defense will be that they tried to ignore him, but in the end they were forced to bring this action because of the immense harm he was doing to Madeleine by harming thier search for her and defaming her parents.
The very fact that there were these stupid foolhardy demonstrations outside the courtroom has really played right into the McCanns hands, they can simply point to them, explaining this is evidence of the harm that Amaral has done to their reputation and the search for Madeleine!

I believe that Joana Morais and Amaral colluded to have these demonstrators outside the courtroom with armfulls of red carnations, what really went against them was

1) the number of people that bothered to turn up was a a very pathetic shock and 2) That old woman shouter, really played against them, making them and Portugal look really bad on the international stage.
This little exercise really backfired on them and has made them look like cranks.

So no, Amaral does NOT want to counter sue the McCanns, but what he wants to do is use them again to say they are harming him and his family and taking away his right to free speech.

This is why his lawyer was suddenly quarantined, even though he did NOT have swine flu. (It was his secretary).

I believe this was engineered to grab as much headlines as possible, using this to launch some kind of counter attack OUTSIDE the court room and also using this to launch his new book. The launch of course flopped badly, just a handful of people and a couple of journalists present and have not heard that much about the book since, so do not know what sales are doing, but the fact that no Portuguese publisher would publish this and Amaral has had to turn to a Spanish publisher is ominous for Amaral.

The sales of that book indicate that people are not bothered by his "gag" accusations and this in turn indicates that actually people really do not believe that he has been gagged by the "English".
This is going to play into the McCanns hands again, because it proves when Amaral cannot accuse them of harming their daughter, then people are not that bothered about what he has got to say, they are not interested, they are only interested in his gossip and lies.

I believe this is a serious shock for him. I have not read the book, but if he is now defaming the *BRITISH* government, they may take action against him to have this book stopped.
Will people be so keen on Amaral for picking a direct fight with the UK? Don't forget, Portugal depends heavily on tourists spending their euros from the UK.

All of this looks to be imploding on Amaral, add that to the fact that it now appears that the McCanns are NOT going to stay quiet any longer and allow him to get away with defaming them, they are going to fight back, as their recent press releases have indicated.
I think the McCanns are going to be giving their side of the story directly to the Portuguese people, this is going to be a very powerful move, as people have not really heard from them, but they have heard plenty from Amaral.

The McCanns can also turn around and slam right into him when he has accused them of harming their daughter for the fund money, they can turn around and point to the various ways Amaral has been cashing in on a child he failed, to the tune of millions. I believe that Amaral asking Sky News for €80.000 for ONE interview, will also come up.

Amaral and his lawyer probably colluded to have this case postponed, using the publicity to launch his book, a bit odd that his book launch was arranged for the the same day he was due in court. When was that book launch arranged? It must have been hurriedly, because the book was written in a hurry, so there is no reason at all why that book launch could not have been postponed.
Look at the time it was arranged too, 18.30 hrs, to me says look if we fail to get the court to postpone the case, we can still use the publicity, of course Amaral knew he would be in court for the other parts of the case that was heard, but this would not threaten the book launch.

The judge has got to have looked at this and realised that Amaral is playing the judge and the legal system and using it for his own ends, *EXACTLY* the same as he has used Madeleine and her parents to make himself a lot of money. I do not for one minute think that the judge would not have seen this for exactly what it is.

Amaral has been making it known about counter suing the McCanns, as soon as he knew they were going to challenge him in court. It was a while before his earnings were arrested, so why didn't Amaral put aside the €30.000 he knew he would need for this court case? His lawyer would have warned him immediately that his earnings would almost certainly be arrested, so he had time to do this.

Footnote: While Antonio Cabrita is being made to look like a complete blithering idiot by Amaral and has overseen his client being found guilty of perjury and perverting the course of justice and now with all this latest business, his reputation is nose diving.

On the other hand the reputation of Dr Marcos Aragao Correia, who looks after his clients pro bono and only wants to see justice for Joana and Leonor Cipriano, is rising and rising, as a man of integrity.

If Amaral supporters cannot see right through the man now, they never will, but I believe that a good many decent Portuguese folk are beginning to see Amaral for exactly what he is.

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Re: Couple defends themselves from attacks of former PJ inspector

Post by Rosie on Thu Dec 24, 2009 9:35 pm

The fund is entirely separate from Amaral, and as such there are no declaration or tax consequences.

Even if he is benefiting from this fund? What about if "others" independent of the fund are depositing money for Amaral to use?

If the money is ultimately ending up in Amaral's pocket, then would this would be classed as unearned income?

I don't doubt you Sans, I am trying to get my very "unlegal" brain around this fund and to me it looks to be highlighting something that could be classed as underhand and maybe even illegal with this fund of Morais's??? I do not know the law and do not profess to know it, but I do know when something is beginning to look a bit shady and sinister.
To my simplistic way of thinking, if I got in trouble and the court banned me from accessing my money and bank accounts, (other than what was needed to support myself and my family), then all of a sudden I have an account opened in another name, make it look like it is a defense fund and thus gain access to money this way! Would that be deemed as legal?
How does the court not know that this "fund" of Joana Morais's is not some kind of third party bank account for Goncalo Amaral?

I am not saying it is, but I would be lying if I said the thought had not crossed my mind.

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Re: Couple defends themselves from attacks of former PJ inspector

Post by sans_souci on Fri Dec 25, 2009 12:18 am

Rosiepops wrote:
The fund is entirely separate from Amaral, and as such there are no declaration or tax consequences.

Even if he is benefiting from this fund? What about if "others" independent of the fund are depositing money for Amaral to use?

If the money is ultimately ending up in Amaral's pocket, then would this would be classed as unearned income?

I don't doubt you Sans, I am trying to get my very "unlegal" brain around this fund and to me it looks to be highlighting something that could be classed as underhand and maybe even illegal with this fund of Morais's??? I do not know the law and do not profess to know it, but I do know when something is beginning to look a bit shady and sinister.
To my simplistic way of thinking, if I got in trouble and the court banned me from accessing my money and bank accounts, (other than what was needed to support myself and my family), then all of a sudden I have an account opened in another name, make it look like it is a defense fund and thus gain access to money this way! Would that be deemed as legal?
How does the court not know that this "fund" of Joana Morais's is not some kind of third party bank account for Goncalo Amaral?

I am not saying it is, but I would be lying if I said the thought had not crossed my mind.

In "arresting" his assets the court were not trying to impoverish him or prevent him from having the financial means to defend himself. They were merely ringfencing the profits from his book to stop him or his publisher from giving them away or selling them - basically so that if the McCanns win the case there are assets to win. Amaral has been shooting his mouth off about "the McCanns will never get a penny of my money" - and that was probably a signal to the judge to take precautions.

There is nothing to prevent him from gaining legal aid, or from any other person to help fund him either personally or by paying his legal expenses.

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Re: Couple defends themselves from attacks of former PJ inspector

Post by Rosie on Fri Dec 25, 2009 1:41 am

Thanks Sans, that makes sense. I didn't mean to say that I expected the court to impoverish him. Interesting point you bring up though because they have arrested his company assets.
Also Amaral himself is saying that the McCanns through the court have impoverished him and his family and he is saying that they are destitute, which is why someone wrote that letter in that supermarket newspaper thing.

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Re: Couple defends themselves from attacks of former PJ inspector

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