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BREAKING NEWS - MCCANNS INJUNCTION REMAINS IN PLACE

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Re: BREAKING NEWS - MCCANNS INJUNCTION REMAINS IN PLACE

Post by Chicane on Fri Feb 19, 2010 7:36 am

happyparty Happy Birtday Vee, hope you have a nice day!
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Re: BREAKING NEWS - MCCANNS INJUNCTION REMAINS IN PLACE

Post by lily on Fri Feb 19, 2010 8:43 am

Well done Maria. Thanks also to Pedro and Rosie, as always.

Happy birthday Vee - and many more. party

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Re: BREAKING NEWS - MCCANNS INJUNCTION REMAINS IN PLACE

Post by christabel on Fri Feb 19, 2010 8:52 am

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Re: BREAKING NEWS - MCCANNS INJUNCTION REMAINS IN PLACE

Post by dianeh on Fri Feb 19, 2010 8:53 am

Well done to Isabel.



Thank you for Maria for your posts about hearing the verdict, and being at the court.

Just want to add that Amaral's comments once again show that he totally misses the point. It is not the investigation that is the issue. It doesnt matter why he investigated the McCanns, or that he did. It doesnt matter how many people agree with him that they thought the McCanns did something, so also agree with the investigation. The point is the conclusions and result of the investigation. It says that there was no evidence that Madeleine is dead, or that her parents were involved in any crime, or even what crime has been committed.

And worth noting as Isabel did in her interview that the appeal did not contain evidence from those that closed the case and forumulated the final conclusions. They disagree with Amaral's mates, and the evidence supports their conclusions. This will all come out again in the libel trial, if it ever eventuates.

Amaral cannot therefore make conclusions in his book that are unsupported by the official conclusions, and no evidence. He has absolutely no proof to back up his claims. NOTHING. This makes it libel. Amaral's defence cannot be why he investigated, it must be proof to back up his claims.
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Re: BREAKING NEWS - MCCANNS INJUNCTION REMAINS IN PLACE

Post by shorty on Fri Feb 19, 2010 9:19 am

brilliant day for the McCanns but what a bloody shame that Amaral's sleazey lying actions and words forced them to go through this.

Happy birthday kaz and vee xx

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Re: BREAKING NEWS - MCCANNS INJUNCTION REMAINS IN PLACE

Post by Peaceful1 on Fri Feb 19, 2010 9:33 am

Thank you Maria and Pedro, Maria, brave woman facing the hate mob and remaining calm.
Sooooo happy with the result. I hope amaral will now disappear back into his cesspit, defeated.
He wont win anything imo. It has been proven he lied in his book. Courts only need ONE lie to make a decision. amaral gave them loads.
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Re: BREAKING NEWS - MCCANNS INJUNCTION REMAINS IN PLACE

Post by Rosie on Fri Feb 19, 2010 11:09 am

bluj1515 wrote:
Peaceful1 wrote:
Rosiepops wrote:18/02/2010 11:58

Anonymous said...

CommentsCounter=CommentsCounter+1;
document.write(CommentsCounter);

37


Sorry to be defeatist but I'm afraid it's time for everyone to just give up now.
This vile pair are being protected by people very high up and always will be. They will NEVER face justice.
In short, they have got away with it.
I am now going to take no further interest. I will use the energy I have wasted on following and commenting on this case to spend time with my lovely grandchildren.

Well, mr or Mrs anon, I think you have wasted three years of your life that yes, would better have been spent with your grandchildren. I am sure Madeleine's grandparents would love just one day with their precious grandaughter, and people like you, have damaged the search for her by trying to force your belief that Madeleine is dead onto other people. I hope that when Madeleine is found you have the decency at least to apologise and admit you were so wrong. You have to live with your conscience like the rest of the anti brigade and hate forums the likes of you infest.
I doubt we will see any apologies coming forward when that day comes, but I can live in hope. You lot live with hate.



And good job explaining to your loving grandchildren why you HAVEN'T been spending that time with them for the past three years.


May I also add my applause to this statement from peaceful, very well said!

How sad that this person has been neglecting his/her grandchildren in preference to spewing out hate and vitriol directed at innocent people, while impeding and hampering the search for the dear sweet grandchild of other grandparents?

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Re: BREAKING NEWS - MCCANNS INJUNCTION REMAINS IN PLACE

Post by Rosie on Fri Feb 19, 2010 11:29 am

Isabel Duarte said:


"No one can face a citizen or citizens who are not convicted in court. This was a good decision. I believe that my clients are now in a position where they can defend themselves in court, "said Isabel Duarte, alluding to other lawsuits against Goncalo Amaral, one for defamation, as it seeks damages of at least 1.2 million million, and another for breach of secrecy.

I wonder when the hearing for breach of secrecy will take place? This of course is a criminal hearing, is this correct Maria?

Maria Said:


Sorry to disapoint you, the ban is not yet definitive. It will be when the main action is decided, the libel one.

Also, Amaral will appeal, however unlike other situations (Leonor's trial, when he was sentenced, that sentence will not take effect until the appeal is decided) this appeal does not have any suspensive effects, that is, no matter how many appeals there are and how long they take, this ban will be in force.

Thank you once again dear Maria for helping me to understand your justice system and for once again travelling to the court to show your support for Kate and Gerry and Isabel.
I must admit to misunderstanding the outcome of this appeal hearing earlier, I thought this was permanent, never mind, this really sets the libel trial up and the best news is that despite the appeals of Amaral, the book ban stays in place.
Maria how many appeals will Amaral be allowed? Surely he cannot go on appealing?

Pedro my friend, thank you for all your hard work on the translations above, I found them so very interesting.


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Re: BREAKING NEWS - MCCANNS INJUNCTION REMAINS IN PLACE

Post by Rosie on Fri Feb 19, 2010 11:49 am

I must say that I have never felt bothered by the questions of journalist Sandra Felgueiras, personally I am glad she asks the questions she does, this gives Kate and Gerry and their lawyer Isabel Duarte, the public opportunity of answering them and correcting the many false stories put about by Goncalo Amaral. The one below is a strong case in point!

Felgueiras: "But still, with this decision, don´t you think that your ambition starts to lose some credibility in the country, because, last week you told you wanted to re-opened the process, but, at the same time, the couple McCann presented according them, evidences that your colleagues Faro or Portimao (better saying) have not investigated properly the search for the child?"

SandraF is right to ask this question, it is an extremely important question and one I would have like to ask of him and Goncalo Amaral's answer is very telling, he has NOT got one, instead he tries bluff and bluster and accuses Sandra of asking him two questions. I wholeheartedly agree that Amaral is beginning to lose credibility with the Portuguese people, SF has her finger on the pulse, she is probably detecting this change too! If Amaral continues with these appeals, his credibility loss can only get worse and position will weaken and eventually become wholly untenable.
I believe the balance of power has shifted and this started when Ricardo Paiva suddenly let slip that he has this dossier, if Amaral keeps this up and the name of Portugal suffers still further, the people will eventually turn on him, they are decent people and they are starting to see what has been happening here, they are beginning to realise they have been duped by Amaral and his cronies into believing a lie about two innocent people and because of that the search for an innocent child has suffered, I do not think the good decent folk of Portugal will be too impressed with that!

So good on Sandra for asking so publicly this very important question, this is one of many that Amaral should be forced to answer.

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Re: BREAKING NEWS - MCCANNS INJUNCTION REMAINS IN PLACE

Post by christabel on Fri Feb 19, 2010 12:16 pm

Kate and Jerry McCann win injunction case
Updated: 18-Feb-2010



Kate and Gerry McCanns’ lawyer Isabel Duarte – a smile that says it all. Photos: CHRIS GRAEME
]
Special Report by CHRIS GRAEME at the Lisbon Civil Court

The final decision to uphold an injunction to prohibit the publication of a book claiming that Kate and Gerry McCann tried to cover up the tragic death of their daughter Madeleine in an Algarve holiday apartment in May 2007 was made by a Lisbon Court today (Thursday, February 18).

The session, held behind closed doors in the morning, lasted little more than half-an-hour, yet the smiling face of the McCanns’ lawyer on emerging from the closed session said it all.

Isabel Duarte, whose normally ice-blue eyes and stern expression before the world’s media have been a hallmark throughout this injunction case, lit up with smiles as she silently hugged supporters, friends and colleagues outside the Legal Secretary’s Office of the 7th Chamber of Lisbon’s Civil Court.

“The judge’s decision upholds absolutely the first decision (i.e. the first court injunction). The book and the video can neither be reproduced nor sold, neither can Gonçalo Amaral, TVi, Valentim de Carvalho Films or publishers Guerra e Paz reproduce or give interviews or statements about the thesis defended in the book,” said Isabel Duarte outside the court house.

“The book will remain retained (in storage) and the prohibition to divulge Gonçalo Amaral’s thesis is still in place. They cannot give interviews or publish books that promote the thesis,” she stressed.


Gonçalo Amaral said this was a bad day for freedom of expression in Portugal.








“Today, the decision was upheld because the book was deemed to have violated the rights of Madeleine and the children, and the good name of the McCanns. It’s a decision that was very extensive but we have not been able to read all of the documentation yet and we are still very much dealing with last minute events,” she said.

Isabel Duarte confirmed that although the ban was “total”, it was not a “definitive decision” although it was “a very extensive one”.

“This is only a confirmation of the first decision. The definitive decision will only be made in a main legal (defamation) action that is still (lodged) in the court.”

The lawyer also added that the judge had made no significant changes to the first ruling but had made some fine tuning adjustments in the Portuguese legal wording to the initial decision to prohibit publication or dissemination of Gonçalo Amaral’s thesis.

“I would like to say that this decision is one that protects all Portuguese citizens because the decision says that you cannot harm in this way the reputation and good name of a citizen that is not convicted in court. This is a decision that is a victory for every one involved,” adding that the case was initiated “without any other intention than to help the continued search for Kate and Gerry’s daughter”. But “in truth, this decision states to all of us that a person’s rights cannot be violated and injured in the way that they were because of this book and video film”.

Kate McCann immediately sent a text message to Isabel Duarte, which the Algarve Resident read and which opened with the words “you are amazing”.

“I sent a text message straight away to my clients saying that ‘we had won’,” the lawyer said.

“My client (Kate McCann) sent me a message which states: ‘Dear Isabel, You are Amazing! Thank you so much! Pass my thanks on to Jorge and Ricardo (the legal assistants). Hopefully this will be the start of good things for Madeleine. We are so pleased. Thank you. Big Hug. Kate.’”

The couple were also said to be “pleased and relieved” at the decision to uphold the ban and in a statement issued immediately after the ruling, Kate and Gerry McCann said: “By upholding the injunction against Gonçalo Amaral’s book and DVD, the judge has rightly agreed that there has been significant, ongoing damage to the search for our beloved daughter Madeleine and to the rights of our family.

“We are grateful to the judge for accepting that this injustice must not continue. The court case has demonstrated, once again, that there is no evidence that Madeleine has come to any harm.

“It has also clearly shown that no police force is actively looking for Madeleine, even, shockingly, when they are presented with new information and leads. As painful and personally damaging as the slanderous claims of Mr Amaral and his supporters have been to us and our family, our primary focus has always been, and will always be, to find Madeleine through our own best investigative efforts.”

With regards to reopening the police investigation into Madeleine’s disappearance from the Ocean View holiday apartments in Praia da Luz on the night of May, 3, 2007, the lawyer said: “We have, since last week, been selecting documents that we brought with us from Portimão, because there are documents which are of no interest at all and others that are.

“We will sift through the documents, select them and meet with my colleagues in the United Kingdom, probably in the coming week,” she added, calling the decision a “just one” because “my clients don’t know where Madeleine is” and “every day there are blogs and articles stating that my clients are liars and that they were involved in some way.”

Gonçalo Amaral called the decision a “disappointing one” but said that it was just a “setback” and not the end of the story. Stating that he would now appeal against the decision in the courts, he said that it was a bad day for “freedom of expression in Portugal”, which was “rather disturbing, very serious and worrying”.

“This decision calls into questions and limits my freedom of expression, and my legal team will examine the arguments and we will move forward with an appeal,” he said.


http://www.algarveresident.com/story.asp?XID=35169
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Re: BREAKING NEWS - MCCANNS INJUNCTION REMAINS IN PLACE

Post by Rosie on Fri Feb 19, 2010 12:25 pm

For me, the statement below from Isabel Duarte is one of the best and should be taken to heart by everyone who TRULY values free speech and democracy!

Bravo Isabel...

“I would like to say that this decision is one that protects all Portuguese citizens because the decision says that you cannot harm in this way the reputation and good name of a citizen that is not convicted in court. This is a decision that is a victory for every one involved,” adding that the case was initiated “without any other intention than to help the continued search for Kate and Gerry’s daughter”. But “in truth, this decision states to all of us that a person’s rights cannot be violated and injured in the way that they were because of this book and video film”.

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Re: BREAKING NEWS - MCCANNS INJUNCTION REMAINS IN PLACE

Post by dianeh on Fri Feb 19, 2010 2:47 pm

“rather disturbing, very serious and worrying”.

Actually I found this quote from Amaral also very comforting. Nice to know that it is disturbing, very serious and worrying to him. And I am not talking about the 'bad day' for 'freedom of expression in Portugal', but that it has probably dawned on him that he cannot win the libel case.
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Re: BREAKING NEWS - MCCANNS INJUNCTION REMAINS IN PLACE

Post by Sabot on Fri Feb 19, 2010 4:22 pm

Things really have changed, haven't they. Not in a particularly explosive way, but there is now a feeling of hope in my soul. I am no longer quite so depressed by all of the hate filled bloggers. They just sound desperate and hysterical now.

I am so impressed by Isabel Duart. And thank you, Maria.

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Re: BREAKING NEWS - MCCANNS INJUNCTION REMAINS IN PLACE

Post by Rosie on Fri Feb 19, 2010 8:51 pm

Sabot wrote:Things really have changed, haven't they. Not in a particularly explosive way, but there is now a feeling of hope in my soul. I am no longer quite so depressed by all of the hate filled bloggers. They just sound desperate and hysterical now.

I am so impressed by Isabel Duart. And thank you, Maria.

Exactly Sabot, I feel this too. I stopped worrying about what the mongers of hate thought and felt a while ago, but yesterday I confess I went over to moron Morais's to see what they were saying and I had to laugh at some of the comments, I brought a couple of them here but stopped after that as I felt it was not nice to mock them because they are obviously so badly inflicted!

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Re: BREAKING NEWS - MCCANNS INJUNCTION REMAINS IN PLACE

Post by Catkins on Thu Apr 22, 2010 9:25 pm

Surely this can't be true..............From dcb on PFA...........

For the first time, editor Planeta will have their own booth at the Lisbon Book Fair that will take place between the 29th of April and the 16th of May, at Parque Eduardo VII.

Their presence at the event will include the sale of over 70 book titles and the promotion of autograph sessions with authors, according to the editor.

At the editor's booth, the public will be able to find works by Juan José Millás («The World» and «The Objects Call Us»), crime novels (from Donna Leon to Alan Bradley), historic thrillers (by Glenn Cooper, Gongora, etc.), «Firmin» (by Sam Savage), «Uma Noite Não São Dias» (by Mário Zambujal) and «Morrer é Só Não Ser Visto» (by Inês Barros Baptista), among others.

In childrens' and juvenile literature, Geronimo, Tea Stilton, Cassandra Clare and L.J. Smith are some of the highlighted authors.

The autograph sessions will include the presence of Gonçalo Amaral, who will be available on the 1st of May, at around 4 p.m., to sign «The English Gag» (written following the Maddie Case).

On the 2nd of May, at the same time, Inês Barros Baptista («Morrer é Só Não ser Visto») will be present.


source: Diário Digital, 21.04.2010


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Re: BREAKING NEWS - MCCANNS INJUNCTION REMAINS IN PLACE

Post by Rosie on Thu Apr 22, 2010 9:53 pm

It probably is, there is no injunction on that book that I am aware of, so he is free to make money out of Madeleine and her parents and the Portuguese government and judiciary are allowing it.

If its any comfort, I don't think that book is going down too well, it sales are not that good, it has been launched twice and flopped and now Amaral and his publisher is resorting to desperate measures to get it sold. People are realising the insidious game Amaral is playing, they have cottoned on that he is all about making as much money out of Madeleine and her parents while he can, they know Goncalo Amaral is nothing but a low down filthy scumbag pimp, living off immoral earnings, let him do it, the more he does the more he will be exposed when he is in court answering to the libel charges and why he defamed two innocent people.

The Portuguese people are not daft, they see Amaral swanning about in a top of the range luxury Jaguar motor car, they see him moving into a 600.000 euro luxury apartment just in front of where he used to live, they know there is no way he could have afforded this lifestyle on the pay of a PJ coordinator, he is doing as good job of exposing himself as a lowlife pimp living off of the back of an innocent missing child, a child he comprehensively failed. They know Amaral was in debt way above his means, they know he is a womanising, spendthrift, aggressive loud mouth violent drinker, leave the people to form their own conclusions, they will you know!
Sometimes I wonder how he is able to get his hands on so much money now, after all his money is all tied up by the courts, is he spending the money that Joana Morais etal has been scrounging off pensioners under the guise that it is for his defence? Or is this actually money that has been salted away, to be taken out and used at a time when it will not be questioned? Who knows? I don't, but from where I am standing, it doesn't look too healthy!

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Re: BREAKING NEWS - MCCANNS INJUNCTION REMAINS IN PLACE

Post by Rosie on Thu Apr 22, 2010 9:57 pm

One other thing I wanted to add, is that the other day I mentioned that if the pressure is not kept up on Amaral, that this is what will happen, he will think he is right and start brazenly putting himself about. That court case cannot come too soon, neither can the torture trial that I am pretty certain Amaral will end up facing.

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Re: BREAKING NEWS - MCCANNS INJUNCTION REMAINS IN PLACE

Post by Catkins on Thu Apr 22, 2010 10:02 pm

Yep....just had it pointed out to me its the other whingeing money making tome from him..........
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Re: BREAKING NEWS - MCCANNS INJUNCTION REMAINS IN PLACE

Post by Catkins on Thu Apr 22, 2010 10:03 pm

Rosiepops wrote: One other thing I wanted to add, is that the other day I mentioned that if the pressure is not kept up on Amaral, that this is what will happen, he will think he is right and start brazenly putting himself about. That court case cannot come too soon, neither can the torture trial that I am pretty certain Amaral will end up facing.

Just wish it would hurry up............He is looking as though he is Teflon Coated..
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Re: BREAKING NEWS - MCCANNS INJUNCTION REMAINS IN PLACE

Post by Catkins on Thu Apr 22, 2010 10:05 pm

Rosiepops wrote: It probably is, there is no injunction on that book that I am aware of, so he is free to make money out of Madeleine and her parents and the Portuguese government and judiciary are allowing it.

If its any comfort, I don't think that book is going down too well, it sales are not that good, it has been launched twice and flopped and now Amaral and his publisher is resorting to desperate measures to get it sold. People are realising the insidious game Amaral is playing, they have cottoned on that he is all about making as much money out of Madeleine and her parents while he can, they know Goncalo Amaral is nothing but a low down filthy scumbag pimp, living off immoral earnings, let him do it, the more he does the more he will be exposed when he is in court answering to the libel charges and why he defamed two innocent people.

The Portuguese people are not daft, they see Amaral swanning about in a top of the range luxury Jaguar motor car, they see him moving into a 600.000 euro luxury apartment just in front of where he used to live, they know there is no way he could have afforded this lifestyle on the pay of a PJ coordinator, he is doing as good job of exposing himself as a lowlife pimp living off of the back of an innocent missing child, a child he comprehensively failed. They know Amaral was in debt way above his means, they know he is a womanising, spendthrift, aggressive loud mouth violent drinker, leave the people to form their own conclusions, they will you know!
Sometimes I wonder how he is able to get his hands on so much money now, after all his money is all tied up by the courts, is he spending the money that Joana Morais etal has been scrounging off pensioners under the guise that it is for his defence? Or is this actually money that has been salted away, to be taken out and used at a time when it will not be questioned? Who knows? I don't, but from where I am standing, it doesn't look too healthy!
Hmm it certainly makes you think...Whose money ? His own or a rich benefactor ? If so Why?
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Re: BREAKING NEWS - MCCANNS INJUNCTION REMAINS IN PLACE

Post by lily on Fri Apr 23, 2010 1:31 am

Sorry, made a comment but it was relating to his other tome. Apologies - early in the morning here.

Ooops

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Re: BREAKING NEWS - MCCANNS INJUNCTION REMAINS IN PLACE

Post by dianeh on Fri Apr 23, 2010 9:35 am

The more Amaral puts himself about, the bigger the hole he digs for himself when the libel trial begins. And I agree that his 'Gag' book (pity the gag isnt on his own mouth) is not doing well, and that is why the publicity. The thing is, any money he makes through the legit publishing company is traceable, and can be used to pay the debt he is going to have to pay the McCanns.

And I so totally agree that the libel trial cant come fast enough. There has been no mention of a further appeal against the injunction. I makes me think that perhaps he (Amaral) realises he will not be able to overturn it. If this is the case, look for delaying tactics for the libel trial as well. Also, look for a change of solicitor, as he seeks a libel expert. But how to pay for such a high priced laywer when you supposedly have no money. This is a bit of a quandary, I wonder how that will be addressed.
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Re: BREAKING NEWS - MCCANNS INJUNCTION REMAINS IN PLACE

Post by calcite51 on Fri Apr 23, 2010 1:48 pm

dianeh wrote:The more Amaral puts himself about, the bigger the hole he digs for himself when the libel trial begins. And I agree that his 'Gag' book (pity the gag isnt on his own mouth) is not doing well, and that is why the publicity. The thing is, any money he makes through the legit publishing company is traceable, and can be used to pay the debt he is going to have to pay the McCanns.

And I so totally agree that the libel trial cant come fast enough. There has been no mention of a further appeal against the injunction. I makes me think that perhaps he (Amaral) realises he will not be able to overturn it. If this is the case, look for delaying tactics for the libel trial as well. Also, look for a change of solicitor, as he seeks a libel expert. But how to pay for such a high priced laywer when you supposedly have no money. This is a bit of a quandary, I wonder how that will be addressed.

I'm sure Ms. Morais will be begging her little readers for their pension, state money to assist the not so honourable Amaral. We all know according to her rantings, that she believes this is all a conspiracy - let's see - the governments (US, Britain and Portugal) are involved and seen as supporting Kate and Gerry; that Gerry Mccann belongs to a not so secretive society and this not so secret sect is involved and supporting the evil McCanns; the media is involved in supporting the McCanns, the Royal Family also supports the McCanns.

On the other hand, Joana and her little band support the oh, not so honourable Amaral. Good luck with trying to raise money for your fallen hero, Joana.
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Re: BREAKING NEWS - MCCANNS INJUNCTION REMAINS IN PLACE

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