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Amaral's Appeal Hearing Gets Under way!

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Amaral's Appeal Hearing Gets Under way!

Post by Rosie on Tue Jan 12, 2010 10:50 pm

The £1m trial was originally due to be heard in December but was postponed because Mr Amaral's lawyer was ill.
The McCanns' lawyer told the court that the couple are prepared to give evidence but only after Mr Amaral had done so.
In early legal discussion, the female judge agreed to ask for details of the police investigation to be made available to the McCanns.
The first witness, who gave evidence by videoconference, was the lawyer in charge of the original inquiry into Madeleine's disappearance, Jose Magalhaes e Menezes.



No-one can be allowed to say that our daughter can't be found without very good evidence.
Gerry McCann



The McCanns are sitting in the centre of the front row of seats to hear the proceedings. Interpreters are seated either side of them.
Mr Amaral is sitting on one of the benches at the side of the court, around five metres away from the McCanns.
Outside the court, police erected barriers at the entrance, expecting large numbers of onlookers and members of the media for the hearing, which may now last longer than its expected three days because a new witness - named as Luis Frois - is being called by the McCann team.
Mr Amaral was in charge of the investigation launched when Madeleine McCann disappeared shortly before her fourth birthday during a family holiday in Praia da Luz in May 2007.
He was taken off the case the following October after criticising British police in a newspaper interview.


Madeleine: Vanished in holiday resort


Mr and Mrs McCann were named by police as "arguidos", or suspects, but that status was lifted when the investigation was shelved in July 2008.
The same month, Mr Amaral published a book called Maddie: The Truth Of The Lie, in which he claimed the youngster died in her parents' apartment and called into question the McCanns' account that she had been abducted.
A Portuguese judge granted an injunction in September last year banning its further sale or publication. The former policeman was also prohibited from repeating his claims.
Arriving in Lisbon, Mr McCann said: "We're just here to continue the search for Madeleine, and to protect our own family, and their human rights.
"No-one can be allowed to say that our daughter can't be found without very good evidence. That's what this court case is about."
Mrs McCann said: "We're looking for justice."
The couple, both 41, from Rothley, Leicestershire, have said that any damages awarded to them would go towards paying for private investigators to look for their daughter.


Last edited by Rosiepops on Mon Jan 25, 2010 9:23 am; edited 1 time in total

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Re: Amaral's Appeal Hearing Gets Under way!

Post by Rosie on Tue Jan 12, 2010 10:58 pm



McCanns' Libel Trial
(01/12/2010)
11:55




jondipaolo:
Mr Menezes said that a claim made by the McCanns on the first day after Madeleine's disappearance was not true.
Tuesday January 12, 2010 11:55 jondipaolo


11:48




jondipaolo:
The witness was asked what the probability was of Madeleine still being alive. He replied that he thought it was 50/50.
Tuesday January 12, 2010 11:48 jondipaolo

11:40




jondipaolo:
There were several possible charges that could have been brought against the McCanns: kidnapping and selling a child were among them.
Tuesday January 12, 2010 11:40 jondipaolo

11:39




jondipaolo:
The decision to designate Kate and Gerry as 'arguidos' was taken after the sniffer dogs carried out their searches.
Tuesday January 12, 2010 11:39 jondipaolo

11:38




jondipaolo:
He says that the decision to make the McCanns 'arguidos' - suspects - was taken by the police and then confirmed by the public attorney.
Tuesday January 12, 2010 11:38 jondipaolo

11:37




jondipaolo:
Mr Menezes is saying that English police sniffer dogs were brought to Portugal to help in the search for Madeleine.
Tuesday January 12, 2010 11:37 jondipaolo

11:26




jondipaolo:
Mr Amaral's lawyer is cross-examining the witness.
Tuesday January 12, 2010 11:26 jondipaolo

11:26




jondipaolo:
The McCanns can't see the person giving evidence. Mr Amaral can, but doesn't seem to be looking at him.
Tuesday January 12, 2010 11:26 jondipaolo

11:25




jondipaolo:
His testimony is marred by a high-pitched whine of feedback from the microphone - and the fact the screen can't be seen by the public.
Tuesday January 12, 2010 11:25 jondipaolo

11:23




jondipaolo:
It is the attorney who was in charge of the original inqury into Madeleine's disappearance, Jose Magalhaes e Menezes.
Tuesday January 12, 2010 11:23 jondipaolo

11:20




jondipaolo:
The first witness is being called by videoconference.
Tuesday January 12, 2010 11:20 jondipaolo

11:11




jondipaolo:
The McCanns' lawyer is arguing against allowing the police CD to be submitted to the court.
Tuesday January 12, 2010 11:11 jondipaolo

11:07




jondipaolo:
Mr Amaral's lawyers want a CD containing police case files to be submitted as evidence because it would corroborate the claims in his book.
Tuesday January 12, 2010 11:07 jondipaolo

11:01




jondipaolo:
The mention of 'a date to be scheduled on the 14th' indicates proceedings are set to last longer than the three days set for them.
Tuesday January 12, 2010 11:01 jondipaolo

11:00




jondipaolo:
A new witness, Luis Frois, is being called by the McCanns' legal team on a date to be scheduled on the 14th.
Tuesday January 12, 2010 11:00 jondipaolo

10:52




jondipaolo:
The McCanns are having proceedings translated by interpreters seated either side of them.
Tuesday January 12, 2010 10:52 jondipaolo

10:51




jondipaolo:
The McCanns' lawyer replies that the couple are prepared to give evidence but only after Mr Amaral has done so.
Tuesday January 12, 2010 10:51 jondipaolo

10:47




jondipaolo:
Mr Amaral's lawyer has said that the McCanns should take the stand in order to answer questions.
Tuesday January 12, 2010 10:47 jondipaolo

10:47




jondipaolo:
He is declaring the 'principle of contradiction' - the legal basis for Mr Amaral's argument to be made.
Tuesday January 12, 2010 10:47 jondipaolo

10:46




jondipaolo:
Mr Amaral's lawyer addresses the court, speaking very slowly and deliberately.
Tuesday January 12, 2010 10:46 jondipaolo

10:41




jondipaolo:
One of the policemen set to give evidence will do so by video link tomorrow, we are told.
Tuesday January 12, 2010 10:41 jondipaolo

10:39




jondipaolo:
The judge has arrived - a young woman! Proceedings should now be able to get under way.
Tuesday January 12, 2010 10:39 jondipaolo

10:36




jondipaolo:
A clerk carrying a large bundle of files has just come in, but we're still waiting for the judge.
Tuesday January 12, 2010 10:36 jondipaolo

10:28




jondipaolo:
On the wall above the judge's chair is a large 3D frieze depicting the judgement of Solomon - complete with baby being held up by swordsman.
Tuesday January 12, 2010 10:28 jondipaolo

10:25




jondipaolo:
The legal teams have arrived. Goncalo Amaral is sitting on one of the benches at the side of the court, around 15ft away from the McCanns.
Tuesday January 12, 2010 10:25 jondipaolo

10:23




jondipaolo:
We're sitting two rows behind the McCanns. The benches at the back of the courtroom are full of journalists from the UK and Portugal.
Tuesday January 12, 2010 10:23 jondipaolo

10:20




jondipaolo:
We're in court awaiting the arrival of the judge and legal teams. The McCanns are sitting in the front row at the centre.
Tuesday January 12, 2010 10:20 jondipaolo

9:52




jondipaolo:
The McCanns have arrived at court. Word so far is that Goncalo Amaral is still yet to get here.
Tuesday January 12, 2010 9:52 jondipaolo

9:05




jondipaolo:
The police have put barriers up outside the court entrance - they're obviously expecting large crowds.
Tuesday January 12, 2010 9:05 jondipaolo

9:03




jondipaolo:
Camera crews and photographers are gathering outside the court.
Tuesday January 12, 2010 9:03 jondipaolo

8:40




JondiPaolo:
Good morning, i’m outside the palacio da justica in lisbon where the mcann libel trial will take place.

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Re: Amaral's Appeal Hearing Gets Under way!

Post by Rosie on Tue Jan 12, 2010 11:06 pm

jondipaolo:
The witness was asked what the probability was of Madeleine still being alive. He replied that he thought it was 50/50.
Tuesday January 12, 2010 11:48 jondipaolo


My interpretation.

Amaral's own witnessed has just destroyed Amaral's argument! Amaral said in his book that Madeleine died on May 3rd 2007 and her parents hid her body. So Amaral's witness has just contradicted that. ergo Amaral HAS COMMITTED LIBEL & defamation!

How can the judge allow Amaral to produce the files? The case concerns Amaral's book, his book was published on 24th July 2008, the files were NOT released until August 4th 2008.
So Amaral's book was released BEFORE the files, Amaral was kicked off the case in October 2007 and shortly after took early retirement, so he had NO ACCESS to the files. How can he say they back his book up?

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Re: Amaral's Appeal Hearing Gets Under way!

Post by Rosie on Tue Jan 12, 2010 11:10 pm

12:08




jondipaolo:
Mr Menezes said he has not read the book written by Mr Amaral that triggered this case, Maddie: The Truth Of The Lie.
Tuesday January 12, 2010 12:08 jondipaolo
12:02




jondipaolo:
The text messages sent by Kate and Gerry were never admitted as evidence gathered as part of the investigation.
Tuesday January 12, 2010 12:02 jondipaolo


12:01




jondipaolo:
Police intercepted text messages sent by the McCanns because they were suspicious of the parents' role in Madeleine's disappearance.
Tuesday January 12, 2010 12:01 jondipaolo


11:57




jondipaolo:
He claimed that although the parents had been checking on Madeleine, it was not as often as every 30 minutes.
Tuesday January 12, 2010 11:57 jondipaolo

11:56




jondipaolo:
The witness said that Kate and Gerry's report that they had been checking on their daughter every half an hour was inaccurate.

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Re: Amaral's Appeal Hearing Gets Under way!

Post by May on Tue Jan 12, 2010 11:24 pm

Rosiepops. That jumped out at me, that the witness gave a 50/50 chance of Madeleine still being alive. So how can Amaral state with certainty that she is dead?
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Re: Amaral's Appeal Hearing Gets Under way!

Post by Rosie on Tue Jan 12, 2010 11:26 pm

jondipaolo:
He says that the McCanns are not responsible for generating any of this 'evidence' that their daughter is not dead. Tuesday January 12, 2010 12:25 jondipaolo

12:24




jondipaolo:
The McCanns' lawyer makes the point that 'evidence' usually sightings - has suggested Madeleine is still alive.
Tuesday January 12, 2010 12:24 jondipaolo

12:19




jondipaolo:
Now it's the turn of the McCanns' legal team to cross-question the witness.
Tuesday January 12, 2010 12:19 jondipaolo

12:18




jondipaolo:
A report signed by Chief Inspector Tavares De Almeida said that Madeleine died in the flat in Praia da Luz, the witness adds.

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Re: Amaral's Appeal Hearing Gets Under way!

Post by Rosie on Tue Jan 12, 2010 11:27 pm

Me too May, the McCanns lawyer is speaking (Isabel Duarte) lets see if she mentions this!

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Re: Amaral's Appeal Hearing Gets Under way!

Post by May on Tue Jan 12, 2010 11:28 pm

How can this report by Tavares de Almeida state that Madeleine died in Apartment 5A? There is no body, no firm evidence, nothing!
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Re: Amaral's Appeal Hearing Gets Under way!

Post by Rosie on Tue Jan 12, 2010 11:31 pm

jondipaolo:
A report signed by Chief Inspector Tavares De Almeida said that Madeleine died in the flat in Praia da Luz, the witness adds.

That is Amaral up the creek WITHOUT a paddle then. They prosecutor just said that it is 50-50 if Madeleine is still alive.

so NO ONE can say she died in the apartment.

This is another of Amaral's witnesses who is a no go!


Bye Bye Amaral!

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Re: Amaral's Appeal Hearing Gets Under way!

Post by Rosie on Tue Jan 12, 2010 11:32 pm

12.26 jondipaolo:
Another of the McCanns' lawyers moves to quiz the witness - literally. She gets out of her seat and walks right up to the video screen.

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Re: Amaral's Appeal Hearing Gets Under way!

Post by Rosie on Tue Jan 12, 2010 11:35 pm

12:33




jondipaolo:
She says that the McCanns were always totally prepared to come back to Portugal to take part in a reconstruction of the disappearance.

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Re: Amaral's Appeal Hearing Gets Under way!

Post by Rosie on Tue Jan 12, 2010 11:38 pm

Hope she mentions that the Portuguese police REFUSED offer of British sniffer dogs in the hours following Madeleine's disappearance.

Glad she is tackling the reconstruction! She can put that MYTH to bed too now.

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Re: Amaral's Appeal Hearing Gets Under way!

Post by Rosie on Tue Jan 12, 2010 11:39 pm

12:39




jondipaolo:
The text messages were never considered as part of the investigation because the judge did not allow it, the court hears.
Tuesday January 12, 2010 12:39 jondipaolo
12:38




jondipaolo:
Who suggested the checking of the McCanns' text messages, Mr Menezes is asked. The police, he replies.
Tuesday January 12, 2010 12:38 jondipaolo

12:34




jondipaolo:
The McCanns' lawyer asks the witness whether he understands the title of Mr Amaral's book to imply some sort of dishonesty by the McCanns.

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Re: Amaral's Appeal Hearing Gets Under way!

Post by Rosie on Tue Jan 12, 2010 11:41 pm

That's right re the text messages, it is what we "pros" (sorry peeps for want of a better word) have been pointing out the WHOLE time!

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Re: Amaral's Appeal Hearing Gets Under way!

Post by Rosie on Tue Jan 12, 2010 11:49 pm

12:48




jondipaolo:
He was involved in the case from the beginning, but taken off it in September 2007.
Tuesday January 12, 2010 12:48 jondipaolo
12:48




jondipaolo:
Tavares de Almeida, chief inspector of police at the time of Madeleine's disapperance, has taken the stand to give evidence.
Tuesday January 12, 2010 12:48 jondipaolo


12:45




jondipaolo:
The senior lawyer for the McCanns has approached them on the front bench of the public gallery for a quick huddled conversation.

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Re: Amaral's Appeal Hearing Gets Under way!

Post by Rosie on Tue Jan 12, 2010 11:52 pm

LIE ALERT!

12:48







jondipaolo:
He was involved in the case from the beginning, but taken off it in September 2007.
Tuesday January 12, 2010 12:48 jondipaolo

He was NOT taken off it, he ASKED to come off of it shortly after his "MATE" Amaral got the sack from the investigation! Roise

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Re: Amaral's Appeal Hearing Gets Under way!

Post by Rosie on Tue Jan 12, 2010 11:54 pm

12:53




jondipaolo:
He said the Portuguese detectives found the co-operation given by their British counterparts useful.
Tuesday January 12, 2010 12:53 jondipaolo
12:52




jondipaolo:
He tells the court that British police took an active part in the investigation.
Tuesday January 12, 2010 12:52 jondipaolo


12:51




jondipaolo:
Mr de Almeida tells the court that he is still working as member of the Portuguese police.

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Re: Amaral's Appeal Hearing Gets Under way!

Post by Rosie on Tue Jan 12, 2010 11:56 pm

12:54




jondipaolo:
The British police told the Portuguese officers what the capabilities of the sniffer dogs being used in the investigation were.
(The PJ REFUSED offers of British sniffer tracker dogs shortly after Madeleine disappeared)

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Re: Amaral's Appeal Hearing Gets Under way!

Post by Rosie on Tue Jan 12, 2010 11:57 pm

12:56





jondipaolo:
One of the dogs used to search the apartment in Praia da Luz identified blood and another identified the smell of a human body.




(NOT according to the DNA they didn't - This "evidence" was UNCOROBORRATED!)Rosie)

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Re: Amaral's Appeal Hearing Gets Under way!

Post by Rosie on Tue Jan 12, 2010 11:59 pm

Hope the McCanns call Mark Harrison and Martin Grime, would just love to hear them state their report PUBLICLY! That would shut Bennett up well and truly!

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Re: Amaral's Appeal Hearing Gets Under way!

Post by Rosie on Wed Jan 13, 2010 12:00 am

12:58




jondipaolo:
The dogs detected the traces inside the dining room of the holiday flat and in the car the McCanns were using.

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Re: Amaral's Appeal Hearing Gets Under way!

Post by Rosie on Wed Jan 13, 2010 12:03 am

1:02




jondipaolo:
The animals also found a scent on a piece of cloth in a flat rented by the McCanns after they left the apartment where Madeleine vanished.

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Re: Amaral's Appeal Hearing Gets Under way!

Post by Rosie on Wed Jan 13, 2010 12:03 am

Well where is the cloth? And what did the DNA reveal?


COROBORRATION................CORBORRATION...................COROBORRATION..............


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Re: Amaral's Appeal Hearing Gets Under way!

Post by Rosie on Wed Jan 13, 2010 12:15 am

1:11




jondipaolo:
A report by the British police stated that one of the sniffer dogs was in a nervous, excitable state, and wanted to get into the room.

(Dogs are not admissible evidence in a Portuguese court or a British one - so where is the EVIDENCE to back this up? It is no good WITHOUT proof)

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Re: Amaral's Appeal Hearing Gets Under way!

Post by Rosie on Wed Jan 13, 2010 12:28 am

Nothing since 1.11...I think they may have adjourned for lunch or quite posibly a point of law has arisen or something.

Wish they would let us know!

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