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Daily Express On The trial *A MUST Read* Explodes Myths!

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Daily Express On The trial *A MUST Read* Explodes Myths!

Post by Rosie on Wed Jan 13, 2010 11:37 am

http://www.express.co.uk/posts/view/151405/Maddie-died-in-apartment-Portugese-police-chief-tells-court


Wednesday January 13,2010

By Nick Fagge in Lisbon






MADELEINE McCann died in her family’s holiday apartment as the result of a tragic accident and her parents concealed her body, a police chief told a court in Portugal yesterday.




Kate and Gerry McCann neglected their children and lied to detectives investigating Madeleine’s disappearance, a senior government lawyer also claimed.

And detectives intercepted text messages between the couple in the days after the youngster vanished from the Algarve resort and looked into ways of preventing them from leaving the country.

One officer even claimed that Portuguese police changed their inquiry from a missing person search to a murder investigation after Kate told him she had a nightmare and had seen Madeleine’s body lying on a hillside. The allegations – which have all been vehemently denied by the McCanns – were outlined during the dramatic opening of a case brought by Goncalo Amaral, the former detective who headed the initial investigation.

He wants to overturn a ban on his controversial book on the case.

In a separate legal action, the McCanns are seeking £1million compensation and a final ruling preventing Mr Amaral from repeating the claims he made about them, which they say are untrue and based on a deeply flawed investigation. The couple have said any money would be used to help try to find Madeleine.

The McCanns have never been charged with any offence and were cleared by the Portuguese authorities after they admitted there was no evidence to prosecute the couple.

After a tense opening, their spokeswoman confirmed that the couple found listening to the allegations very painful. She said: “I think it is hurting them. They can feel hurt by these things being repeated again and again and again. However, they know what really happened so they are confident. They just want to find their daughter.”

Chief Inspector Tavares de Almeida told the court that he believed the couple, from Rothley, Leicestershire, were directly involved in Madeleine’s disappearance – a theory he said was shared by Portuguese and British officers working on the case.

He said: “The conclusion that was arrived at was that Madeleine McCann died at the apartment and the McCann couple simulated the abduction to hide the fact that they had not taken care of their children.

“There was a tragic accident in the apartment that night and they neglected the care of their children. It was the conclusion of both Portuguese and British police. We have always spoken of a tragic accidental death. There was no homicide.”

Asked if he thought Madeleine was dead, Mr de Almeida replied: “Yes. She is dead. It was not only the police who believed this but the public prosecutor. The McCanns did not kill her but they concealed the body.” Mr de Almeida was giving evidence on behalf of his former colleague Goncalo Amaral who is seeking to overturn a ban on the book he wrote about the Madeleine case entitled Maddie: The Truth Of The Lie.

The detective described the book as a “true history of the facts”. He said: “Goncalo Amaral was very careful to come to this conclusion with the facts.”

Luis Neves, the head of Portugal’s anti-terrorism unit, told the court they had employed a British profiler who gave him the impression that the McCanns were guilty of involvement in Madeleine’s disappearance.

Mr de Almeida said their suspicions about the couple appeared to be confirmed when sniffer dogs found traces of blood and the smell of death at the McCanns’ holiday apartment.

One of the dogs was in a nervous, excitable state and wanted to get into the room, said Mr de Almeida.

He said: “Inside the apartment there were two places where the dogs gave a sign. One was in the bedroom, the other was in the dining room.

“It was also found in the McCanns’ new apartment on a piece of clothing and in the rental car.”

Asked if it was the dog’s reaction that led police to make the McCanns formal suspects in the investigation, he said: “No, they were already suspected of simulating a kidnapping and concealing the body.”

The McCanns’ lawyer, Isabel Duarte, challenged this claim, arguing that the sniffer dog results did not constitute proof and were not allowed as evidence in the case.

Mr de Almeida said the investigation was hampered by the British authorities who provided only one sheet of paper of information when asked to look into the background of Kate and Gerry and their friends.

Earlier, District Attorney Jose Magalhaes e Menezes told the court how text messages sent by Kate and Gerry were intercepted by police who were suspicious about their role in their daughter’s disappearance.

He said: “The phone taps were set up in order to clear or implicate the McCanns.” But the texts were not considered as part of the investigation because a judge would not allow it.

Giving evidence via videolink, Mr Menezes claimed that the couple lied to police about how long they had left Madeleine alone.

He said: “The truth is that the McCanns did not seem concerned about the safety of their children. They neglected to take care of them.

“They told police that checks on the children had been made every half an hour that evening – then how could there be an opportunity for her to go missing? So it was therefore a longer interval – maybe 45 to 50 minutes.”

Under fierce questioning from Amaral’s lawyer, Mr Menezes was asked again and again if he thought Madeleine was dead.

He refused to give an answer until he was again asked by Judge Gabriela Rodrigues for his opinion on whether she was dead or alive.

He replied: “Fifty-fifty”. He added his team looked into ways of preventing Kate and Gerry returning the UK.

However, under cross-examination, he conceded that the McCanns had always made themselves available to detectives for questioning during the investigation.

Yesterday, the McCanns sat just feet away from Mr Amaral in the cold, stone floored courtroom in Portugal Palace of Justice.

Dressed in a pretty floral dress, tights and boots Kate and husband Gerry whispered to each other as the legal proceeding took place in front of a packed public gallery.

Their lawyer told the court that the couple were prepared to give evidence but only after Mr Amaral had done so.

The McCanns’ legal team also intend to call a new witness which could result in the case lasting longer than the expected three days.

Madeleine was nearly four when she went missing from her family holiday apartment in Praia da Luz in the Algarve on May 3 2007 while her parents dined with friends nearby.

Later, another witness told the court that the investigation changed from a missing person’s inquiry into a murder hunt after Kate had a nightmare and told police where to look for the body.

Police liaison officer Ricardo Paiva said: “The turning point of the investigation came after I received a phone call from Kate McCann.

“She said she had had a nightmare and saw Madeleine’s body lying on a hillside.” Police carried out a thorough search of the land overlooking the beach at Praia da Luz but found nothing.

Asked if he had ever got the impression from the McCanns that they thought Madeleine could be dead, he said: “Yes.”

However, he added that he did not think that claims that she was dead had hampered the police investigation as officers continued to get regular sightings of the missing youngster.

He said: “In this week I have received a dozen sightings of Madeleine.”

Mr Paiva, who was removed from the inquiry at the request of the McCanns, said he received the call at the end of July when Gerry was away and Kate was in Praia da Luz on her own.

At this point the Portuguese police were told about British search dogs that could find dead bodies.

He added: “At the end of July Kate phoned me. She was alone as Gerry was in the UK and she was crying, saying she’d dreamt Madeleine was up in the hills and we should do searches there. She gave the impression that she thought Madeleine was dead.”

Mr Paiva said detectives became suspicious of the McCanns the moment they disobeyed police advice to keep quiet while they investigated. Instead the couple turned the case into a media circus.

He said they claimed they had to do everything. “From the minute they shunned our advice we suspected them,” he said.

However, under cross examination he accepted claims that the couple contacted the media before the police were not true. Judge Rodrigues asked him why he could not accept that Madeleine could have been kidnapped and then killed. Mr Paiva did not answer.

Mr Paiva said if Madeleine was alive and being held captive publicity would be more likely to hasten her death. Mr de Almeida told the court that well-wishers who gave cash donations to the Madeleine Fund had been conned as the girl was dead and the money was being wasted.

He said Portuguese police investigated whether they could launch a fraud inquiry to protect the £2million in the fund.

But they abandoned the idea after it became apparent they had no jurisdiction – as the fund was held in the UK.

He said: “There was a discussion with the British police about the fund because we couldn’t understand its purpose. We were concerned that there was a fraud being carried out. We asked our British colleagues about it and were told it would be very complicated.

“But Portugal had no jurisdiction over the Madeleine Fund because it is based in the UK.”

He said the British authorities refused to carry out any investigation into the McCanns or their friends.

He told the court: “All they sent us was one A4 piece of paper. We were told the British would not accept an investigation of the McCanns.” Portuguese police found the “merchandising” of the Madeleine Fund – the sale of wristbands – very strange.

The McCanns’ status as suspects was lifted when the investigation was shelved in July 2008. The same month, Mr Amaral published the book.

Arriving in Lisbon, Mr McCann said: “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.”

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Re: Daily Express On The trial *A MUST Read* Explodes Myths!

Post by Rosie on Wed Jan 13, 2010 11:50 am

Police liaison officer Ricardo Paiva said: “The turning point of the investigation came after I received a phone call from Kate McCann.

“She said she had had a nightmare and saw Madeleine’s body lying on a hillside.” Police carried out a thorough search of the land overlooking the beach at Praia da Luz but found nothing.

Asked if he had ever got the impression from the McCanns that they thought Madeleine could be dead, he said: “Yes.”

This a turning point in the investigation? Because a distraught mother had a nightmare when her husband was away and had dreamed her daughter was dead laying on a hillside and wanted that area searched, this is a turnng point?

What kind of blithering idiots have they got as PJ inspectors in Portugal?


This is perfectly natural and a classic psychological response to the intense trauma Kate McCann was going through.

Her husband was away, she had a nightmare, she desperately needed someone and so she phoned her police liaison officer and told him.

Why did they suspect Kate just for this? It is bloody appalling the way the PJ have treated this couple.

Of course the couple would fear their daughter was dead, they would fear everything and it would be up to their police liaison officer to help them cope with these feelings, or to listen and get someone in place that could help them cope with the emotional trauma.

I thought yesterday that there was nothing new coming out, I was wrong, reading through the article that Nick Fagge writes from the courtroom, I realised that there is somethng very new coming out and that is the systematic belittling, bullying of this couple, and it is emerging that this couple and most of all Madeleine, was let down more badly by the corrupt Goncalo Amaral and his men than any of us have ever envisaged before.

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Re: Daily Express On The trial *A MUST Read* Explodes Myths!

Post by Rosie on Wed Jan 13, 2010 12:02 pm

Paiva...


He said they claimed they had to do everything. “From the minute they shunned our advice we suspected them,” he said.

However, under cross examination he accepted claims that the couple contacted the media before the police were not true. Judge Rodrigues asked him why he could not accept that Madeleine could have been kidnapped and then killed. Mr Paiva did not answer.

The McCanns were doing everything they could think of to get their daughter back and today we learn that the investiagtion for the search for Madeleine did NOT stop on day 3, it actually stopped on day 2. Shame on you Goncalo Amaral, shame on you!

"However, under cross examination he accepted claims that the couple contacted the media before the police were not true."

UNDERSTAND NOW? NOT TRUE. GET IT? They did NOT contact the media before the police. Didn't Amaral state this lie in his book? And so did the lying pig Bennett!

Amaral is on a hiding to nothing, no wonder he is shouting and swearing at reporters!

I hope the idiot antis are reading this and understanding it because they now have it legalised for them in a Portuguese court room by a Portuguese judge, just as they have wanted for nearly 3 years!

Judge Rodrigues asked him why he could not accept that Madeleine could have been kidnapped and then killed. Mr Paiva did not answer.

He did not answer, now I wonder why, no I know why, he felt deeply and utterly ashamed of himself.

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Re: Daily Express On The trial *A MUST Read* Explodes Myths!

Post by dianeh on Wed Jan 13, 2010 12:08 pm

Rosie

There must be something wrong with this reporting, because the PJ cannot be so bloody stupid. They cannot be possible be so unprofessional that they think a distraught mother having a dream means that she killed or disposed of her daughter. They cannot possibly have no idea why the Fund was necessary, since they were aware that they were not searching for Madeleine anymore. They cannot be totally unaware that it is standard process in the UK (US, Aust, Canada, France, Germany etc) to publicise missing and abducted children. They cannot be so stupid to think that a few minutes on the checks implies guilt. They cannot be so stupid to think they can access text messages, tap phones, access bank accounts etc without a search warrant and showing due cause.

FFS, they just cannot be so stupid.

This means to me that they are trying to spin their actions (that is they never really investigated anything other than the died in the apartment and parents disposed of body theory), but it is coming off so badly, it is beyond belief that they would even attempt such a thing.

As i said on the other thread. It is not the investigation that is under legal action, it is the theory that Amaral holds and promotes. And all of this, 'we investigated such and such' doesnt mean anything, and doesnt support Amaral because they never found ANY EVIDENCE at all. There is NOTHING to support his theory. AND all of this rehash of the investigation shows that Amaral is totally unjustified in his theory. WHY are they doing this?

The question is not, was Amaral wrong to formulate such a theory. Because there was clearly reason to investigate such a theory, if for no other reason then to rule out the parents. The evidence presented seems to be answering this question.

The question is, after all the investigation, is Amaral correct to be promoting his theory as the truth. And the answer is no, and his defense is showing this all to clearly.
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Re: Daily Express On The trial *A MUST Read* Explodes Myths!

Post by Rosie on Wed Jan 13, 2010 12:10 pm

He said Portuguese police investigated whether they could launch a fraud inquiry to protect the £2million in the fund.

But they abandoned the idea after it became apparent they had no jurisdiction – as the fund was held in the UK.

Don't worry about the Fund, that is legal and completely above board and is audited by qualified independent auditors PROPERLY.

Perhaps if you had worried more about doing your jobs properly you would not have had time to worry about a fund, a fund people donated to freely. (Just like the pensioners Amaral is now taking money from for his defense fund!)

The PJ and the Legal system of Portugal would do better investigating Goncalo Amaral and see if he is corrupt and has committed fraud!
It was Goncalo Amaral making money out of a missing child NOT the McCanns!

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Re: Daily Express On The trial *A MUST Read* Explodes Myths!

Post by dianeh on Wed Jan 13, 2010 12:14 pm

Here is my post on the fund from the other thread


Mr de Almeida told the court that well-wishers who gave cash donations to the Madeleine Fund had been conned as the girl was dead and the money was being wasted.

He said Portuguese police investigated whether they could launch a fraud inquiry to protect the £2million in the fund.

But they abandoned the idea after it became apparent they had no jurisdiction – as the fund was held in the UK.

He said: “There was a discussion with the British police about the fund because we couldn’t understand its purpose. We were concerned that there was a fraud being carried out. We asked our British colleagues about it and were told it would be very complicated.

“But Portugal had no jurisdiction over the Madeleine Fund because it is based in the UK.”




No mention of any of this in the files. Why would this be left out?

Did it never occur to them, that the McCanns had nothing to do with Madeleine's disappearance, and that since the PJ were not looking for her, then private funds would be needed to search? They cannot be so stupid.

And here is the most telling thing so far. The PJ have absolutely no evidence that the Mccanns were involved, or that Madeleine is dead, or that the fund is not being used to search for Madeleine. All they are doing is repeating libel in court. This is not a defense it is a joke. Just getting other officers to repeat the libel doenst make it any less libellous. Yet, without any evidence, they suspected the McCanns of fraud, kidnap, cover up etc etc. They dont search for Madeleine (why werent they searching for a dead body if they were so sure she was dead), and never get any evidence at all, even after all their 'work'. And then they still have the nerve to say that Madeleine wasnt abducted.

And one other thing. What would investigating the Fund have shown? The money is being spent on private investigators. Did the PJ think that the Mccanns were funnelling money to their private accounts or something like that? Because nothing else makes any sense, as to why they wanted to investigate it. And of course, without due cause, they would not be able to investigate the bank accounts or look at the books, and they had no due cause.

And then to top it all off, they keep on with this defamation. They are raising these things to try to show that their conclusions are justified. But they are not, because they never found any evidence. Not allowing the texts, or allowing them access to bank accounts is not a reason for not finding any evidence. They needed just cause to see these things, and they didnt have them. Luckily, the previous judges understood these things, as will this one.

The defense seems to be confused about what they are doing here. They are not supposed to be showing why they investigated various things. There was nothing wrong with investigating the McCanns. But their investigation showed nothing, except, and here is the big smoking gun, they DIDNT BELIEVE THAT THE PARENTS CHECKED THE KIDS EVERY 30 MINUTES. They are meant to be showing that Madeleine died in the apartment, not why they investigated that Madeleine died in the apartment. And the fact they did investigate and couldnt prove anything, NOTHING, means that they should not state as fact that she is dead and that her parents are involved. This is DEFAMATION and they are doing it in front of a judge.
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Re: Daily Express On The trial *A MUST Read* Explodes Myths!

Post by Rosie on Wed Jan 13, 2010 12:23 pm

Diane, I cannot believe how badly this is going and how utterly awful it is making the PJ look especially Amaral. I agree with everything you said, it is Amaral's theory on trial here and he is losing. Especially when Paiva said....Amaral's thesis prevented the investigation of other theories!

There we have it in a nutshell and put this together with the prosecutor saying that it is 50 - 50 that Madeleine is still alive and BOTH of these times this had to be dragged out of them by the judge, I think I know what she will be thinking today!

She is going to be thinking that these witnesses have been "persuaded" by Amaral to give testament in his favour and that they probably did not want to, as it is they have both dropped Amaral in it!

Tomorrow we have the paedophile defender himself testifying for Amaral, Moita Flores!

I wonder what the judge thinks of him? Moita Flores, along with the repulsive Dias Andre' are the ones that discovered copious amounts of serious paedophilia material in a briefcase and then Flores went on to represent the owner in court, he said it was just a speech in the brief case. Liar and everyone knows he is a liar.

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Re: Daily Express On The trial *A MUST Read* Explodes Myths!

Post by Rosie on Wed Jan 13, 2010 12:35 pm

And here is the most telling thing so far. The PJ have absolutely no evidence that the Mccanns were involved, or that Madeleine is dead, or that the fund is not being used to search for Madeleine. All they are doing is repeating libel in court.


I agree with you a 100% Diane, I kept thinking all day as the news came in, that they were libelling themselves in front of the judge and if you see it, twice she made them clarify just this by forcing them to answer a simple question, the prosecutor could NOT say that Madeleine was dead 50 -50 was the best he could muster and Paiva the liaison officer said, they had no room to investigate other theories because they were too busy investigating Amaral's ergo NO proof that Madeleine dies in the apartment so Amaral is committing libel and is defaming the McCanns and apparently the antis on a couple of forums were high fiving over this? Must be as mad as Amaral. Still these are the people that sent up fireworks, blew up balloons, toasted each other, screamed, cheered and blue party poppers, when Amaral was found guilty of perjury and perverting the course of justice and sentenced to 18 months suspended and one of them suddenly asked "18 months suspended prison sentence is a good thing right?" They did not know, incredible!!!!

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Re: Daily Express On The trial *A MUST Read* Explodes Myths!

Post by dianeh on Wed Jan 13, 2010 12:55 pm

Not that I doubt you, but why would any of the anti's be thinking that this debacle is going well for Amaral?

I have to say, and not for the first time that they are logically challenged.

Today has clearly shown that Amaral has no evidence to prove his theory, and in fact it has been shown to be glaringly obvious that no evidence to support the theory exists. If his own witnesses cannot help him, then he has no hope.

The anti's most likely dont understand that it is not what Amaral investigated, or failed to investigate that is the issue, but the results. Nothing else matters. He can prove nothing, and so a presumption of innocence is afforded under the law. He is accusing them of criminal activity when under the law they are innocent. This is defamation. Amaral is doing a good job of proving the McCann's case for them. I doubt the McCanns will even need to testify, because at this rate, Amaral will have lost before he has even finished his defense.
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Re: Daily Express On The trial *A MUST Read* Explodes Myths!

Post by calcite51 on Wed Jan 13, 2010 2:18 pm

It's what we suspected for a long time - Gerry and Kate have gone through hell and back again.

The so-called "evidence" is non-existent - parents of missing children dreaming about their missing children is not an admission of 'guilt'. They should call John Walsh to the stand and he can talk about his nightmares after Adam went missing.

As for the McCanns contacting the media - most countries know that it is crucial to get the child's picture out to the public ASAP.

The PJ's really messed this investigation up - they should hang their heads in shame.
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Re: Daily Express On The trial *A MUST Read* Explodes Myths!

Post by lily on Wed Jan 13, 2010 3:08 pm

dianeh wrote:Not that I doubt you, but why would any of the anti's be thinking that this debacle is going well for Amaral?

I have to say, and not for the first time that they are logically challenged.

Today has clearly shown that Amaral has no evidence to prove his theory, and in fact it has been shown to be glaringly obvious that no evidence to support the theory exists. If his own witnesses cannot help him, then he has no hope.

The anti's most likely dont understand that it is not what Amaral investigated, or failed to investigate that is the issue, but the results. Nothing else matters. He can prove nothing, and so a presumption of innocence is afforded under the law. He is accusing them of criminal activity when under the law they are innocent. This is defamation. Amaral is doing a good job of proving the McCann's case for them. I doubt the McCanns will even need to testify, because at this rate, Amaral will have lost before he has even finished his defense.

Nail on the head with this post Diane. They live in a bubble, they don't seem like they want to face reality because it does not accord with what they want it to be. In a word, delusional. I think that this is why they are easy to manipulate IMO.

Yes, logically challenged is a very good expression. I also agree with you and Rosie that Amaral will lose this.

I really liked the questions that the Judge was asking because they showed the direction of her thoughts in this case.

ETA: Calcite, the PJ showed serious unprofessionalism in reaction to Kate's dream. After reading it the first time, it stunned a number of us.

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Re: Daily Express On The trial *A MUST Read* Explodes Myths!

Post by maria theresa on Wed Jan 13, 2010 8:46 pm

I'm worried about the short time predicted for this trial.

When will Kate and Gerry's lawyer have time to expose the lies, gaps and inaccuracies both in Amaral's book and in the testimony given yesterday, especially as it's an Amaral witness again today.

The whole thing is a farce but when will that be clearly exposed in a formal way in a three or four day trial? I would have expected it to take much longer to expose the full truth.

How is this going to work, Rosie?

How shocking that Kate's anguished turning to a Portuguese police liaison officer when Gerry was away could have been so misinterpreted. It's quite obvious what was happening to her, but will anyone (eg. a psychologist) be given the chance to say so officially?

What I'm asking is if everything going to be left to the good sense of the judge to infer from what she hears, or will there be a proper opportunity for the truth to be brought forward from witnesses for the McCanns? If so, when?

I apologise if this has been made clear elsewhere. I'm rather busy with a number of work and family matters at the moment.

Thanks for the fantastic up-dates.

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Re: Daily Express On The trial *A MUST Read* Explodes Myths!

Post by May on Wed Jan 13, 2010 11:39 pm

I have just read this again

However, under cross examination he accepted claims that the couple
contacted the media before the police were not true. Judge Rodrigues
asked him why he could not accept that Madeleine could have been
kidnapped and then killed. Mr Paiva did not answer.

Why was he allowed not to answer? I would have thought he would have to answer every question under oath. More should have been made of his refusal.
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Re: Daily Express On The trial *A MUST Read* Explodes Myths!

Post by May on Wed Jan 13, 2010 11:41 pm

The antis are clapping and cheering that Amaral is winning. What are they seeing/reading that I am not?
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Re: Daily Express On The trial *A MUST Read* Explodes Myths!

Post by maria theresa on Wed Jan 13, 2010 11:49 pm

My worry exactly, May.

I'm prepared to accept that it's because we have Amaral's witnesses for the moment, his supporters.

WHEN are we going to see a strong presentation of the other side of the coin?

In a 3 or 4 day trial? This whole scenario is very worrying in terms of justice. It's going to take time to expose the holes in Amaral's defence. Have we got it?

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Re: Daily Express On The trial *A MUST Read* Explodes Myths!

Post by maria theresa on Wed Jan 13, 2010 11:53 pm

Of course, there is some nonsense in what even Amaral's supporters have said, but I want to see a spirited presentation of that nonsense, clear for all to hear.

When do the McCanns' witnesses begin? When do they have the time to prepare a point by point refutation of the points raised by Amaral's witnesses?

Little point in it being done "privately" by Kate and Gerry's supporters if it's not done in the court.

Am I just being pessimistic and needlessly worried?

maria theresa
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Re: Daily Express On The trial *A MUST Read* Explodes Myths!

Post by May on Wed Jan 13, 2010 11:58 pm

I did hear Martin Brunt say that this might even go on until next Monday, but how true that turns out to be is anyone's guessstill doesn't seem long enough to me though maria theresa. I see that Amaral's witnesses are not doing him any favours, but I would still like to read more questions, so roll on tomorrow when I can read Maria's report. The antis glee is disturbing though.
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Re: Daily Express On The trial *A MUST Read* Explodes Myths!

Post by May on Wed Jan 13, 2010 11:58 pm

Do you think that whoever "wins", there will be appeals?
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Re: Daily Express On The trial *A MUST Read* Explodes Myths!

Post by maria theresa on Thu Jan 14, 2010 12:27 am

I would imagine so, if legal advice indicates.

I assume the McCanns had excellent legal advice before they brought this case but I'm still concerned.

It's presented as a question of free speech, isn't it, from Amaral's point of view? I know nothing about the law, especially in Portugal, but I did wonder of one outcome might be that he would be allowed to continue publishing, provided there is a caveat in the introduction saying that the book merely presents a thesis (As Flores has just called it!) NOT fact.

BTW, nothing to do with his behaviour, appearance, work habits, swearing (however disgraceful that is) will probably count in the end. It will be a question of compliance with the law, I guess. I hope the injunction is not lifted but I need to see the way the McCanns' strong case is presented in court, before I will feel happier.

But WHEN?????

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Re: Daily Express On The trial *A MUST Read* Explodes Myths!

Post by rosemary on Thu Jan 14, 2010 1:53 am

You could well be correct MTheresa. A Caveat to say it is a Thesis only might even satisfy Gerry and Kate I think. After this trial and the publicity surrounding it his book of the TRUTH (???) becomes less and less interesting, more of "just another opinion".. Even the biased Portugese people will see that.

But the question still remains - is the book/thesis harmful to the McCanns search for their daughter. Up to the Judge to decide that one. She too could end up saying No it isn´t harmful. I would not be surprised at that. But does it stop people searching? That is the nub of it. I hope she says yes it will stop people searching. But I am not sure she will. Unless the McCanns defence is powerful.

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Re: Daily Express On The trial *A MUST Read* Explodes Myths!

Post by Rosie on Thu Jan 14, 2010 2:59 am

MariaTheresa,

What we are not seeing or hearing much about is the cross examination from Isabel Duarte and the McCanns legal team, this is going on, but it is not being reported. See Maria's thread about what went on in the court yesterday after noon (she is actually in there).

The judge will come to her conclusions, it is the judge that has to make the decisions, she is used to these cases, it is what she does and if there is not time to hear the McCanns witnesses, then there will be an extra day or so, don't worry.

As for the antis clapping and cheering let them, they are all quite insane, remember they clapped and cheered, high fived, let off streamers, fireworks and balloons and toasted each other when Amaral received a suspended prison sentence because they thought this was a good thing! Just pity them, because what they are not seeing or understanding, is that it is not what Amaral's witness THINK happened, it is all about what Amaral has actually stated as HAS happened ie Madeleine died in the apartment and the McCanns concealed her body.

This cannot be proved, it is not evidence, there is no evidence and so therefor the judge at the end of this will have no choice but to uphold the injunction (that she has already granted twice) and Amaral's witnesses can keep thinking what they like as long as they do not say it as a fact, that is democracy and it is not an infringement of free speech!

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Re: Daily Express On The trial *A MUST Read* Explodes Myths!

Post by maria theresa on Thu Jan 14, 2010 4:06 am

Hi Rosie,
You are very kind to have taken the time to answer me at this busy time!! Thank you!

I HAVE been worried. In fact I feel quite ill about it, to be honest. The whole thing seems to me such a gross injustice. To believe what Amaral says is true, you would simply have to be ignorant of the facts of the case, either deliberately or just out of apathy.....or because you believe anything you happen to read!

Sorry, but I don't necessarily like Sky's presentation. I've always thought Brunt had an agenda. If I'm wrong I apologise to him.

All we have seen in the court so far is a regurgitating of the rubbish we saw earlier.

It's not that I don't think the judge can do her job. I just don't like to see a one-sided picture being given to any of the public who are currently watching. Even the reports in the papers are resurrecting everything we saw at the time. It must be so painful for Kate and Gerry.

Of course, for all the wrong reasons, the terrible suffering of the poor, poor people of Haiti, as well as our weather problems, the Iraq inquiry etc, the focus of news is not on the trial as it might otherwise have been.

I will read Maria's report. Thank you again Rosie!

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Re: Daily Express On The trial *A MUST Read* Explodes Myths!

Post by Sabot on Thu Jan 14, 2010 5:45 am

I think it is all going rather well. Amaral's witnesses are proving The McCann's case. They are just churning out opinions with no proof to back up what they are saying. Plus, there have been several quite daming statements against Amaral.

As for the dream, he said that Kate was alone and crying. When was Kate ever alone? There was always someone there with her, especially when Gerry was away. I don't believe that happened. A Deliberate Lie?

However, it does look as though the start of The Torture Case is going to be delayed.

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Re: Daily Express On The trial *A MUST Read* Explodes Myths!

Post by Rosie on Thu Jan 14, 2010 6:38 am

Sabot wrote:I think it is all going rather well. Amaral's witnesses are proving The McCann's case. They are just churning out opinions with no proof to back up what they are saying. Plus, there have been several quite daming statements against Amaral.

As for the dream, he said that Kate was alone and crying. When was Kate ever alone? There was always someone there with her, especially when Gerry was away. I don't believe that happened. A Deliberate Lie?

However, it does look as though the start of The Torture Case is going to be delayed.

MariaTheresa, I agree with sabot here 100% and I too think this trial is going really well, remember this is Amaral's witnesses we are hearing and this is to be expected, but by all accounts Isabel Duarte is more than a match for them and she has got them to produce really damning statements against Amaral.

I have no idea where or why Amaral went this afternoon, but I have been told he did this to try and upstage Gerry, but unfortunately Amaral got his time-lines wrong (same old story lol).
My point is, if he is going to these lengths, then he is seriously worried and rattled, same with his little show he deliberately put on outside the court so near Kate and Gerry this morning, that was cruel and unnecessary, but hey, the McCanns handled it well with their usual dignity.

I really am looking forward to Maria's report this evening when she gets home, I hope she knows she has a big audience lol

Yes it does look like the torture case is going to be put back and this is why Amaral had this case postponed in December, we sussed him out at the time, that and to use it to launch his book, the man is unscrupulous, but then we already knew this, so we should expect that he sink to any lows, he is a heel!

I think that Gerry knows the court case may go on longer than first anticipated, so he may have popped back home to sort out appointments at work, I am sure he will get back here as soon as he can.

And much respect to him for his interview this afternoon, that should help clarify a few points, although I fully expect the very negative Portuguese press to put a spin on it!

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Re: Daily Express On The trial *A MUST Read* Explodes Myths!

Post by Sabot on Thu Jan 14, 2010 8:08 am

The more I hear the more I wonder if The mcCanns need to refute any of Amaral's witnesses. This case is about whether or not Amaral's theories hindered the search. His witnesses have already stated in court, in front of a Judge, that they did. They all believe The McCanns are culpable despite the lack of evidence and despite the archiving of the case, and The Attorney General's conclusions.

The Case for The McCanns is already won as far as I can see. And I very much doubt that the Judge is stupid.

These men have all shown themselves to have biased minds.

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