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From Inside The Courtroom

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The 10th Feb

Post by maria on Sat Feb 13, 2010 4:49 am

Altough it is already late, as most of the closing arguments have already been published and widely debated, I would like to give a very short account of what went on in this courtroom, as there were two other witnesses and, purposedly I would say, Cabrita closing arguments were not reported completely.

(I didn't do it yesterday because suddenly my keyboard broke down. I bought myself a cheap one and now I'm struggling with it, it is not a portuguese keyboard... For a one-finger-typist like me it is quite hard...)

So here we start, with the witnesses.

1 . Luís Froes- VC Filmes

He was inquired on the business relationship between VC Filmes and VC Multimédia, to which he answered that there was no relation, the 'owners' of VC Filmes were a,b,c and VC M were f,g,h (didn't get the names, individual people). He then proceeded informing that VC Filmes had produced a video, adaptation of a book that he did not read. The diffusion rights were ceded to VC Multimédia who were responsible for the video edition, being the distribution mandated to Presslivro. VD Multimédia sold the video and rights to air it to TVI. There is a standard contract for all the produced pieces, being that each piece is one addendum to that contract. VC Multimédia is a distributor for VC Filmes and other producers/produced pieces of other origin acquired both nationally and internationally. VC Multimédia ceded rights to foreign distributors: Belgium (flemmish) 16/04/2009; Denmark 27/04/2009; France 07/2009; Spain 20/04/2009; Andorra was contemplated in one of these contracts, he can't remember which. The DVD had one edition, 75 000 copies. The distribution was through Presslivro who would support all the costs, including the 'seal of authenticity', this one requested from the proper authorities by VC Multimédia, as they were the owners. The sale was special, not through stores but through distribution with Correio da Manhã, which has a daily edition of 100 000 copies. This would be a one day only sale, although the DVD could stay at the kiosks, etc for approximatelly 1 week.The final customer could buy the paper only, the paper and the DVD or the DVD only. Only 10 868 DVDs were sold. The rest was almost immediately destroyed, due to didtribution costs to be avoided, and taking in consideration that there are always defective units, etc. the number of destroyed units was 63 369, according to Vasp, Correio da Manhã's distributor. These units were destroyed at Cofina. The DVD is on the net, it wasn't originated in VC. All pieces distributed by VC for demonstration purposes for instance, have a watermark. These versions are pure piracy. There are versions subtitled in english, english versions, versions with TVI logotype, etc. VC Filmes is in fact damaged by these versions/copies, as are all the intervenients on the process. (At this point he was alredy answering Isabel's questions). They filed a complaint, without any results, as it happens in the whole world. Back to the business relationships between the companies, if there arent any between VC Filmes and VC Multimédia, what is the VC Group? He couldn't answer /didn't understand the question. The DVD distribution/sale should occur between 27/04/2009 and 30/06/2009, depending on TVI agreement. Why these dates? Because there always is defined a window of distribution, he couldn't explain more than that. Why TVI agreement? Because TVI should have its own airing date and only after that could the distribution proceed. Why these dates, did he realise that the second airing had been on Madeleine's birthday? No he didn't know. They don't intend to renew the distribution contract. Correio da Manhã decided for the destruction of the remaining copies because they came to the conclusion that there was no market for that product. (there was a small argument that I couldn't follow about a mandate, instead of an addendum, which in fact would mean the transfer of author rights).


2 . Eduardo Dâmaso - Guerra e Paz

He knows that there are other cases of people who left PJ and wrote books on cases where they had been working. Paulo Pereira Cristóvão , some immediately after the 25th of April - these ones not on specific cases. He is interested in books about politics, justice. Yes Moita Flores also wrote about a specific case, the Cavacos. Correio da Manhã published a booklet (pullout) on the 3rd October 2007, 'Diary of a mystery'. The book was not launched before the secrecy was lifted, on the 24th, launching day, the book was distributed with Correio da Manhã. The book is spread around. No changes so far. The case is shelved, not closed, he knows about an international fund to search for Madeleine, he wouldn't know if there still are any dilligences to look for her. There have been many books written about the Almodôvar case, none was ever banned. Isabel then asked if Prosecutor Marques Vidal ever wrote any book about shelved cases where he would disagree with the results, he answered he didn't know. (he left with a blink of the eye to Amaral and Cabrita)



And that was all from the witnesses. Long lunch break during which a criminal charge was filed against TVI for breaching the injunction at Oeiras court. And Joana introced herself to me... I'll write the final arguments in another post, I must have a break here and I may loose everything...
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Re: From Inside The Courtroom

Post by blondie on Sat Feb 13, 2010 5:08 am

Many thanks Maria. Will post on JATYK. They have been looking forward to your post.

xxxx

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Re: From Inside The Courtroom

Post by Rosie on Sat Feb 13, 2010 5:39 am

Thank you Maria, very interesting!

They don't intend to renew the distribution contract. Correio da Manhã decided for the destruction of the remaining copies because they came to the conclusion that there was no market for that product. (there was a small argument that I couldn't follow about a mandate, instead of an addendum, which in fact would mean the transfer of author rights).


I am wondering if CdM done this because they got wind that charges were going to be filed against TVI, Amaral is not even writing his column for CdM any longer, so they are seriously spooked I would say!

Maria I get the impression that there were two judges presiding, were there? Do you know who is going to look at the entire case and give a verdict?

I look forward to reading your post about the lawyers summing up, I hear Isabel was a real little firecracker!

Thank you so much for doing this Maria.


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no way
Goncalo Amaral Your Time Is Nearly Up!


"RICARDO PAIVA SHOULD RESIGN, HIS POSITION IS UNTENABLE - IF HE DOES NOT RESIGN, THEN SACK HIM!
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Re: From Inside The Courtroom

Post by Pedro Silva on Sat Feb 13, 2010 5:48 am

Oh yes, very interesting indeed, thank you Maria.

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Re: From Inside The Courtroom

Post by Catkins on Sat Feb 13, 2010 7:33 am

Obrigada Maria....
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Re: From Inside The Courtroom

Post by maria on Sat Feb 13, 2010 7:37 am

Rosie, only one judge, and her picture is in this thread, previous page (the young lady on the right; she's the daughter of a previous PGR, also in the photo).

What happens, is that the injunction was analysed and decided by another lady judge. Cabrita refered her in the most aggressive and even insulting terms when opening his final arguments. Probably it is from there that you got the idea of two judges.
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Re: From Inside The Courtroom

Post by Cath on Sat Feb 13, 2010 8:01 am

thank you again for keeping us all updated Maria.

I do hope this judge is as wise as the other judge and let Madeleine's best interest prevail.
Wonder what she thinks of Cabrita's attack on her colleague.

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Re: From Inside The Courtroom

Post by May on Sat Feb 13, 2010 8:11 am

Thank you for all your hard work Maria.
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Re: From Inside The Courtroom

Post by clairesy on Sat Feb 13, 2010 10:15 am

Rosiepops wrote:Well Said Maria! (Above)
-------------------------------------------
Here is my message to Joana Morais,

you will find no dirt here, I do not take or make payment to anyone, my conscience is clear, how about yours?

I would never coerce a pensioner into giving up her small pension in order to fund a corrupt policeman's legal case, in his wish to write a book he had no business writing and to enable him to carry on living a lifestyle he clearly cannot afford without the input of money earned off of the back of a child he failed to find and who he failed on every single level. Why should you ask for money from people who cannot afford it, to enable Goncalo to swan aound in his £40.000 Jaguar motor car?

You have a strange idea of democracy Joana, democracy does not come with one "Carnation" revolution, democracy is more than turning up at a court house to shout at broken people and rudely thrust flowers in their faces in the hope of causing them still more pain and hurt, democracy is a long and hard fight, that we should never give up, but what you call democracy, and the type of democracy that you and your fat friend want, is NOT democracy, in fact it is the opposite and the enemy of democracy and free speech.
Democracy and free speech is freedom to speak, freedom to write, freedom to criticise governments, freedom to speak as you find, but only freedom to speak and write the TRUTH, freedom of speech is NOT freedom to libel, persecute and vilify and write books presenting a "thesis" as the truth, when it is nothing but lies, born out of the most damaging duplicitous behaviour, purposefully thought up to avenge oneself, because oneself feels anger at losing his job! Or using the excuse of a threat to free speech and democracy as a way to get at people and falsely make them worry in order to carry on making money and covering ones own lies and ones own wrongdoings and tracks with still more lies. That Joana is the arc enemy of any democracy and free speech. What you and Goncalo Amaral are defending and fighting for the right for, is actually fascist (and look over my posts I NEVER not ever use the word fascist lightly) How Goncalo silenced the McCanns while peddling his lies is how history shows us people like Hitler controlled people, he brow beat them, brainwashed them and tortured and killed people and ruled them by fear, so please do not bandy the word fascist around like confetti, the way I have seen you doing on your blog, I take that as a grave insult and a total injustice to those who have truly suffered at the hands of a fascist dictator, very much like your own country. If you use the word fascist just to make your writings look powerful then you water down the meaning of that terrible, terrible word and when that word is watered down, which word steps up to take the place in order that we described the true enemy of democracy and free speech? The McCanns are not the enemy of free speech, all they seek to do is to be allowed to search for their daughter in peace, without being falsely accused by a corrupt convicted ex policeman, is this really too much to ask? Be careful Joana of the things you accuse others of, history has taught us some very harsh lessons in the past and will no doubt do again in the future.

Both you and your "friend" Goncalo wrote things and when nothing happened to stop you, you both became bolder and bolder and you both wrote the most terrible things because you both thought you could get away with it. You both are guilty of serious crimes against democracy and free speech, you used lies, innuendos and half truths to fool people, to present things in such a way that they look true, when in fact they were nothing but the vicious meanderings of a slighted man and you who saw fit to back him. You are in some ways worse than your friend Goncalo Joana, because you know deep down in your soul that you are wrong, yet stubbornness, false pride and jingoism spurred you on. Be honest with yourself for the first time in 3 years Joana and admit that Madeleine has long gone from your arguments, that you barely even give her a thought these days, the reason why you are here in such a malevolent fashion is because you dislike intensely the McCanns, simply because you see them as bringing shame upon your country So you will back anyone and anything that personally attacks that couple and you ought to feel a deep sense of shame for that and for things that you have written about them, all the more because you know inside that the things you have allowed to be published on your blog are simply not true and are the result of hysterical spiteful minds, your own included.

Goncalo Amaral knows what he has done, he knows how he has fooled his country-folk into believing events that are simply untrue, he has a different agenda to you Joana, yet you aid and abet him, when it all comes tumbling down like a pack of cards, where does that leave you and the rest of the vile spiteful people like you?

Standing around outside draughty courthouses with a bunch of wilting "Red Carnations"?





well said rosie,perhaps she should frame it and read it each night before bed??
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Re: From Inside The Courtroom

Post by clairesy on Sat Feb 13, 2010 10:17 am

Im finding the latest court case report hard to follow.lol...but well done maria its really good to have some TRUE facts given by a genuine person.And not be forced to read the bullsh/t some post about the case.Thank you for hard work and commitment i wish i would be out there to help you.
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Re: From Inside The Courtroom

Post by dianeh on Sat Feb 13, 2010 12:40 pm

Cabrita has a strange way of doing things. Not sure I would attack the previous female judge while arguing in front of another female judge. Actually the sex of the judge doesnt matter, it just doesnt seem a good strategy to badmouth a judge.

And thanks for the report Maria.

It does seem the Courier of Manure have pulled back from Amaral, but it may be because he simply is not making any money for them anymore, rather than they are worried about legal action, as it is too late to worry now. Possibly it is both.
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Re: From Inside The Courtroom

Post by maria on Sat Feb 13, 2010 9:46 pm

I understand your problems reading these witnesses reports. I also had problems understanding the purpose of calling them to the stand (and it was not only me...). VC want to show that they were being victims of an attempt to attack the freedom of speech as well as Amaral, they had done stricly abiding by the law. And Amaral trying to show that 'everybody does it, so why me?'.

I believe that these statements actually were very useful, as it became clear that noone cared for anything else but money, there was a strange coincidendence of dates: launch, airing, end of secrecy, Madeleine's birthday. And later for Isabel to reinforce that unscrupulos behaviour in her closing remarks. So, again, most 'maladroit' (awkward) of them.
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Re: From Inside The Courtroom

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