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McCanns Return To Portugal For Libel Case

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McCanns Return To Portugal For Libel Case

Post by christabel on Mon Jan 11, 2010 10:29 pm

McCanns Return To Portugal For Libel Case


11:05am UK, Monday January 11, 2010

Neal Walker, Sky News Online
Kate and Gerry McCann will return to Portugal later for the libel trial of the former policeman who led the investigation into their daughter's disappearance.


The McCanns say any damages they are awarded will fund private investigators

The couple launched legal action against former Portuguese detective Goncalo Amaral after he published a book questioning their account of what happened to Madeleine.
Mr and Mrs McCann, from Rothley, Leicestershire, will fly to Lisbon today ahead of the three-day trial, which is due to start at the main civil court in the Portuguese capital tomorrow.
The couple plan to attend all the hearings, but do not intend to go back to the Algarve resort where Madeleine vanished more than two-and-a-half years ago.
Family spokesman Clarence Mitchell said: "I can confirm that Kate and Gerry McCann will be returning to Portugal on Monday to attend the resumption of the Amaral trial on Tuesday.
"The details of their travel plans and itinerary will remain private at their request."

Madeleine McCann

Madeleine was nearly four years old when she went missing from her family's holiday apartment in Praia da Luz in the Algarve on May 3, 2007, while her parents dined with friends nearby.
Four months after her disappearance, Mr and Mrs McCann were made 'arguidos', or formal suspects, but this was lifted when the investigation was shelved in July 2008.
Mr Amaral led the investigation in the first six months following Madeleine's disappearance.
But he was taken off the case in October 2007 after criticising the British police in a newspaper interview.

Mr Amaral was taken off case

In his book Maddie: The Truth Of The Lie, which was published in July 2008, Mr Amaral claimed that Madeleine was dead, and questioned the McCanns' account that she was abducted.
A Portuguese judge granted an injunction in September last year banning further sale or publication of the book.
The former policeman was also prohibited from repeating his claims about Madeleine or her parents.
The McCanns travelled to Lisbon for the opening of the libel trial in December, but the hearing was adjourned until this week after Mr Amaral's lawyer failed to turn up for health reasons.
The couple have previously said any money awarded in damages by the courts would go towards paying for private investigators to look for their daughter.
:: Sky News Online will be covering the libel case with line-by-line live updates from inside the courtroom in Portugal.

http://news.sky.com/skynews/Home/World-News/Madeleine-Kate-And-Gerry-McCann-Return-To-Portugal-For-Libel-Trial-Of-Man-Who-Led-Investigation/Article/201001215518652
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Re: McCanns Return To Portugal For Libel Case

Post by christabel on Mon Jan 11, 2010 10:49 pm

The case Maddie McCann


Maddie case: Police English invokes state secrets privilege to refuse to testify

00h00m

NUNO MIGUEL MAIA

Trial book on Maddie without key witness in research English.

A detective sergeant from Scotland Yard submits "immunity of State and obligation of secrecy on investigations of the case Maddie refuse to testify tomorrow, Tuesday, at the beginning of the trial that Mr and Mrs McCann to the former coordinator of the PJ, Gonçalo Amaral .

The witnesses tomorrow in the Civil Courts of Lisbon, limited to the elements will be enrolled by the former head of the Judiciary Police of Portimão, most of which also collaborated in the investigation of the disappearance of British girl. The case concerns the order of recall of all books "True Lies", which is defended the thesis of the death of Maddie, and parental involvement in hiding the corpse.

The English police, incidentally named Portuguese (José de Freitas), was the official liaison between the Lusitanian and English and the McCanns. On several occasions accompanied Kate and Gerry, who were to be made defendants, after being confronted with evidence of human blood and body odor in the apartment at the Ocean Club in Praia da Luz, Lagos. The remains - remember - were detected by the English dogs "Eddie" and "Keela".

As is standard in the concrete procedures of the British, all the contacts and signals expressed by the McCanns were recorded, including those who contributed to support the decision to set up as suspects. And that's about it, and other data that you want to Gonçalo Amaral interview.

"Any potential evidence [testimony] that I can give may be subject to confidentiality and Public Interest Immunity english. Furthermore, since all the services that were watched officers, applies the doctrine of state immunity and will be required consent of the United Kingdom authorities to waive the immunity of state, before I could be subject to the jurisdiction of the courts of Portugal and to offer any evidence, whether relevant or not. The immunity of the State covering my official acts is that of United Kingdom and not mine, and can not be waived for me, but only by the United Kingdom, "José de Freitas wrote to the judge of the Civil Courts of Lisbon after having been notified in a letter to the JN had access.

The police suggested that his testimony is before the request through a letter rogatory or through the British ambassador in Portugal. Subject to prior authorization by the British, who have just set a tight regime of secrecy of the process in England

http://jn.sapo.pt/Dossies/dossie.aspx?content_id=1466569&dossier=O%20caso%20Maddie%20McCann
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Re: McCanns Return To Portugal For Libel Case

Post by Rosie on Tue Jan 12, 2010 1:44 am


So what does this 2nd entry mean? I am having trouble understanding it because of the translation, however, what I "think" it means is basically this José de Freitas was used as an interpreter between Portugal the UK and the McCanns and Amaral wanted to call him as some kind of witness, but cannot because the UK (Scotland Yard) will not waive the confidentiality order on this because the 11.000 pages of the other unseen files have not been made public, and they will not be made public, until the perpetrators who abducted Madeleine are found?

Well Amaral learn something, this is how confidentiality is carried out and the UK does NOT reveal investigation files until the perp is caught, stood trial and convicted, it is called sub judice and we stick to it here because this is how we try to ensure that people get a fair trial, something the fat "singing" detective may like to learn.

Besides that the fat man obviously knew this, which is why he delayed the start if the first trial, so he could release this to make it look like the British (not the English) were covering something up. If Amaral is having to resort to desperate dirty tricks like this then he must feel even more threatened that we realise!

If Amaral had obeyed his own country's secrecy order, (one that he chose to invoke incidentally), then none of this sorry mess would have happened, but then neither would that fat corrupt bent convicted criminal former police detective have been able to cash in on dear little Madeleine's name, by unjustly accusing her parents, persecuting them and vilifying them, would he? He would not have been able to try to charge Sky News £80.000 for ONE interview and he would not have made over 2 million euros out of Madeleine, if he had kept the secrecy order he invoked in the first place.

The "English Gag"? Nah more like the "Amaral Gag" and that tells the story of the way Amaral gagged the McCanns preventing them from defending themselves for over one year, while he ran about leaking despicable lies, smears and innuendos to the Portuguese press. I wonder if he did this for money too? Felicia Cabrita, the journalist who he intends to call as a witness to testify for him in his torture trial which is also starting this week, could probably tell us if her or her paper paid Goncalo Amaral a large amount of money in exchanged for "personal" favours and information about witnesses and their statements in the Madeleine investigation ie she could tell if she paid for all the home telephone numbers, the mobile telephone numbers and witnesses names and addresses, that she was passed during the Madeleine investigation.

How about putting Felicia Cabrita on the stand, placing her under oath and asking her to tell the TRUTH about her "friend" Goncalo Amaral? I mean it would be a good chance for her to do this, because if she doesn't, it is all going to come out anyway!

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Re: McCanns Return To Portugal For Libel Case

Post by dianeh on Tue Jan 12, 2010 8:33 am

Rosie

If Felicia Cabarita takes the stand, then she will be questioned by the McCanns lawyers, and they will be able to question her on where/how she received her information.

Now, I dont know Portugal's law, but if it is anything like other countries, she will not have to divulge that. However, by not saying where she got the info from, she actually cannot remove Amaral from being the source of the information. Additionally, her information is worthless, as it is all unsubstantiated, even if she revealed her source.

After all, Amaral cannot be his own source as a defence against defamation.

It just sounds so ridiculous that Amaral's defence doesnt realise that the British Police Officer would not be required to testify, and most likely would not do it even if able to, and that anyone called gets questioned by the McCanns lawyers. They do not just get to sit in the witness box and say whatever the hell they like without any evidence to back it up, or without being questioned by McCann's lawyer. Additionally, Amaral must prove that what he has said is true, and so, the McCanns will not be under any obligation to take the stand. The question is, will Amaral take the stand in his own defence and face a perjury charge if he lies? Also questions of breaches of the secrecy law, as well as privacy laws and theft of confidential police information. A very fine line that he is going to have to tread.

This sounds like a lawyer who doesnt know what he is doing. It makes me think that perhaps all is not going well between Amaral and his lawyer. It also makes me think that Amaral is simply making up statements about potential witnesses, as if that will scare off the McCanns or somehow influence the judge.
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Re: McCanns Return To Portugal For Libel Case

Post by Rosie on Tue Jan 12, 2010 8:42 am

Diane, sorry I didn't mean to mislead you, Amaral will be calling for Felicia Cabrita to testify on his behalf in the Leandro Silva torture case (Leandro is Leonor Cipriano's partner).

I agree with your general point though and actually her taking the stand in the torture case could turn out to be detrimental as this would open up a whole plethora of things for the Leandro's lawyer (Marcos) to quiz her with, not least the accusation by Leandro that Cabrita offered him sex for his story!

Amaral is calling three witnesses in that trial and all of them are deeply flawed!

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Re: McCanns Return To Portugal For Libel Case

Post by dianeh on Tue Jan 12, 2010 8:54 am

Yes, Rosie, anyone he calls to testify gets to be cross examined by the prosecutors, and if they lie on the stand, then they will get hit with a perjury charge, or worse.

And, the topics for cross examination will not be limited to those that Amaral wants discussed. I didnt know that Leandro accused Cabrita of offering sex. She really is some sort of trash. Try as I might, I really cant see the point of her testifying. What can she possibly say that can be of any use. She cannot just say, Leandro said such and such, because unless she taped it, she cannot prove it, and it wont be allowed as it is hearsay. So what else has she got?

She is a liability in any trial, civil or criminal.
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Re: McCanns Return To Portugal For Libel Case

Post by dianeh on Tue Jan 12, 2010 8:56 am

IMO, the huge gulf between what Amaral has been saying, and reality, is about to shrink. He has to prove that he is the one telling the truth (in both Leandro's case and the libel case), and IMO, he cant. So, I predict Amaral is not going to like the result of his world and reality crashing.

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Re: McCanns Return To Portugal For Libel Case

Post by rosemary on Tue Jan 12, 2010 8:58 am

Don´t forget OJ......or MJ. The corruption runs deep. Let´s see if there is hope for Portugal.

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Re: McCanns Return To Portugal For Libel Case

Post by Rosie on Tue Jan 12, 2010 12:03 pm

dianeh wrote:IMO, the huge gulf between what Amaral has been saying, and reality, is about to shrink. He has to prove that he is the one telling the truth (in both Leandro's case and the libel case), and IMO, he cant. So, I predict Amaral is not going to like the result of his world and reality crashing.


That's right Diane, but as Rosemary says the corruption in Portugal is running very deep and anyone that speaks out against it is literally terrorised.
Amaral is already virtually saying that he as this trial judge in his pocket! (Read my new article it is on the blog) and I put it here too
http://justice4mccannfam.5forum.biz/comments-on-book-and-video-s-f57/violence-corruption-lies-beatings-sexual-abuse-of-children-can-portugal-s-human-rights-record-get-any-worse-t2268.htm

We were absolutely staggered at the amount of corruption that clearly exists in Portugal and we noted it is the same names that keep cropping up repeatedly!

If you think this is bad, wait and see what we are preparing for the Casa Pia thread, this article only touches on that. Chris has discovered that the Casa Pia case is due to be resumed shortly too! So we want to try and follow that.

I am not so sure that there isn't a link between Casa Pia, Joana Cipriano and Madeleine McCann and others too?

What is becoming apparent is that Goncalo Amaral will have to be questioned over his involvement and his appalling investigation into Madeleine's disappearance, I know I have always said this, but truly, a man of his experience could not possibly have made all of those mistakes in Madeleine's investigation.

The whole investigation was rotten to the core and some people over on the Morais forum are still being fooled by Morais, some into giving their money and pensions to Amaral! they wouldn't if they knew what we know!

The incredible amount of damage that Goncalo Amaral is doing to Portugal, will put them back years!

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Re: McCanns Return To Portugal For Libel Case

Post by dianeh on Tue Jan 12, 2010 12:43 pm

Let us all hope that the judge is honest (I believe that the vast majority of judges, prosecutors and police in Portugal are honest), and that the trial is fair.

TBH, I think Amaral is worried, that is why the blustering. I doubt even with a corrupt judge he could win this libel case. Lets wait and see what happens.

I dont think this judge is 'in his pocket', and that the comments are a warning. A great risk actually by Amaral, because it is most likely to turn the judge against him, if the judge is honest and law abiding. And I truly hope this is the case. I suspect it is the case, due to the granting of the first injunction.
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Re: McCanns Return To Portugal For Libel Case

Post by Rosie on Tue Jan 12, 2010 7:41 pm

Admin Announcement:

If you are looking for the photo and posts about the photo that resembles Madeleine (or not), they are now moved to the thread for 'Madeleine's Photos', under the Madeleine McCann category.

Please don't get offended, we are trying to keep the board tidy for easier reference.
Many Thanks


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Human Rights? What Human Rights?

Post by Rosie on Tue Jan 12, 2010 8:34 pm

dianeh wrote:Let us all hope that the judge is honest (I believe that the vast majority of judges, prosecutors and police in Portugal are honest), and that the trial is fair.

TBH, I think Amaral is worried, that is why the blustering. I doubt even with a corrupt judge he could win this libel case. Lets wait and see what happens.

I dont think this judge is 'in his pocket', and that the comments are a warning. A great risk actually by Amaral, because it is most likely to turn the judge against him, if the judge is honest and law abiding. And I truly hope this is the case. I suspect it is the case, due to the granting of the first injunction.

Diane, my impression of this judge is that she is not corrupt and is honest and there will be a fair trial, but I have to say that the very point that we are having this conversation indicates just what a huge corruption problem there is in Portugal among politicians, judicial service and the police and of course local government and the other Portuguese policing services the GNR and PSP.

I agree Amaral is worried and this is why he is blustering and doing his best to intimidate and threaten the McCanns (albeit subliminally) on TV, this is why he is saying that he knows many judges and they are his friends.

Amaral is playing a very clever game, he is appearing as this honest caring detective, he is playing the victim and he is playing the sympathy card and he is winning in Portugal. He may not be winning in Australia or the US or GB, but this is because we have a habit of seeing right through people like Goncalo Amaral, we can "sniff" them out a mile away. He is a deceitful conman of the worse kind and the only thing he is interested in is himself and money. he is literally conning people into believing his lies, and people that are easily led and brainwashed like Joana Morais are falling for his lies big time. Fortunately others are now beginning to see what the man is really like and what his game is, I just wish the Portuguese folk would wake up to the fact that they are being conned by this conniving conman Goncalo Amaral.

Goncalo Amaral has been involved in so many controversies, his honesty and integrity have been questioned countless times, he was found guilty in a Portuguese court of committing perjury! Perjury is serious for anyone to commit, but for an ex detective of Amaral's previous position, this was a very serious indictment on his personal integrity, so serious was it and then made even more dire when the case he is convicted of concerns the torture of a defenseless woman in custody and a woman who many leading lawyers and judges in Portugal believe is innocent, well Amaral should have been made an example of and be sent to prison for the maximum term allowed, which I believe in his case was 3 years, instead he received a suspended prison sentence, now to me this is an example of contrivance and there has to be something else at play here. Especially when the torture of Leonor Cipriano was proved beyond all reasonable doubt by expert witnesses and the others charged with alongside Amaral were let off, acquitted, even though they were the interviewing officers when Leonor received her appalling injuries. That did not make a scrap of sense, I understand they remained silent and refused to recognise the court and the charges that took them to court, they played the card that someone tortured Leonor but as there were so many of them and Leonor could not identify who viciously and brutally assaulted her because she had a bag placed over her head, well one or more of them attacked her but it could not be proved who it was, so they had to be freed.
Apparently there was enough evidence produced in that court to convict all of them, but they got off and so Portugal's reputation slid further in the mire.
It would have been a better day for Portugal if they were all convicted and sent to prison and for Portugal to say yes we know we have a problem with corruption, but wherever corruption is we will root it out and the offenders will be caught and face the consequences, Portugal could then have held her head up high and deservedly so imo, instead they took what they think to be the easiest way out an it isn't and because they keep refusing to allow a retrial for Leonor, when it is patently obvious she was tortured into confessing and convicted on a tissue of lies and false evidence, then this case rumbles on and on and on and it will continue to do so, until someone does something about it and frees Leonor Cipriano from prison.

Leonor Cipriano is innocent, she was not proved guilty beyond reasonable doubt, her torture is proved, she MUST be released from prison - immediately!

When this goes to the European Court of Human Rights, then police brutality and corruption in Portugal is going to be beamed all around the world and questions are going to have to be asked in the European parliament if under Portugal's present condition and appalling human rights record, if it is right that Portugal remains a member of the EU, it really is this serious and Portugal could see herself kicked out of the EU for human rights abuses.

Without a single doubt there is widespread corruption in Portugal and sadly at the moment the corrupt are winning, they all close ranks, because to do anything else would mean a lot of big names in Portugal fall and probably end up in prison.

Imagine having a plastic bag place over your head and then punches and kicks and attacks with weapons are rained down on you and you are so terrified and in so much pain and you just did not know where the next punch, kick or beating was coming from, this is what happened to Leonor Cipriano until she confessed to a murder she did not commit. Leonor is still in prison and her daughter has still not been found!
Goncalo Amaral said this woman fell down the stairs!
(He was later convicted of lying under oath - perjury)


This is what passes as justice in Portugal

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Re: McCanns Return To Portugal For Libel Case

Post by clairesy on Wed Jan 13, 2010 5:36 am

what breaks my heart about them pictures there rosie is that they need no words written under them.

It must be awful for a parent to have their child taken from them,the loneliness, heartache, and desperation the must feel one can only imagine,but to then go on to be beaten black and blue by those who are suppose to help you,to offer you support, comfort,and hope that they are doing all they can to find your child??

When i look at them pictures it brings tears to my eyes.Its a f@@king disgrace.Sorry for the language
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Re: McCanns Return To Portugal For Libel Case

Post by christabel on Wed Jan 13, 2010 5:42 am

clairesy wrote:what breaks my heart about them pictures there rosie is that they need no words written under them.

It must be awful for a parent to have their child taken from them,the loneliness, heartache, and desperation the must feel one can only imagine,but to then go on to be beaten black and blue by those who are suppose to help you,to offer you support, comfort,and hope that they are doing all they can to find your child??

When i look at them pictures it brings tears to my eyes.Its a f@@king disgrace.Sorry for the language

I agree Clairesy. If Gonc had his way there would have been pictures like that of Kate
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Re: McCanns Return To Portugal For Libel Case

Post by Peaceful1 on Wed Jan 13, 2010 12:54 pm

Dont even want to think about it! If this case hadnt have had the media attention it has.........mmmmm....makes you wonder doesnt it what might have happened to Kate.
Bruises galore me thinks!
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