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UPDATES ONLY LIBEL TRIAL 8TH JULY 2014

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Re: UPDATES ONLY LIBEL TRIAL 8TH JULY 2014

Post by Guest on 09.07.14 17:27

@ultimaThule wrote:Transcript of the McCanns' press conference outside the Lisbon courts yesterday from mccannfiles.com (donation made):

Transcript (complete version)

By Nigel Moore

Gerry McCann: We're very glad that, errr... both Kate and I were able to give evidence today in our libel trial. Errr... This has now been going on for over five years and, errr... we hope that we'll get justice for Madeleine and the rest of our family very soon.

Thank you. I'm happy to take some questions.

Portuguese journalist: [speaks over the shouting of a woman protestor] Gerry, today you spoke and it was, errr... all the book... the book and the documentary was an absolute shock, errr... and this greatly stressful for entire family. But why do you feel that?

Gerry McCann: Well, I mean, I think... I think it should be very obvious to anybody who has anyone missing, that when someone says that you hid your own daughter's body and, errr... faked an abduction - when that child is still missing and we're doing everything in our power to try and find her - I think that would be absolutely shocking to any family.

Martin Brunt: You talked about, Gerry, the effect... both of you, that this had, particularly in one incident, when Sean, your youngest child. Errr... Can you just tell us what that episode was?

Gerry McCann: Sure, so the first thing to say is, that I also said in court, you know, Sean and Amelie are doing really, really well but obviously they're not immune to the media. They hear things, they go to school, they hear the radio, they hear the theories and Sean has obviously asked Kate explicitly: 'Why did Mr Amaral say you hid Madeleine'. So we will have to deal with that and obviously we are doing everything within our power and we hope that, errm... the current investigation, errr... being run with the Metropolitan Police and the PJ does lead to a real breakthrough. That's our... our goal; is to find Madeleine but until that day - until we find Madeleine and know who is responsible for taking her - we will have to worry about these questions for the twins as they get older.

Martin Brunt: Do you feel you've said enough today to undo the damage that you feel Mr Amaral's book has done.

Gerry McCann: There's no doubt the... the... the... damage done has... has been severe. I mean, we've got people here screaming things and if that is representative of what people in this country and other countries think, then, you know, we're fighting a losing battle. I hope it's not. This action was all about challenging these assertions, which have gone more or less unchallenged. And legal action for us is always a last resort, but we were pushed to the point where something had to change and the documentary, which was even worse than the book, was that breaking point. And we are here.

Portuguese journalist: [inaudible] ... the latest steps on the investigation... ?

Gerry McCann: Well, you know, we can't comment on any specific details but what we are more than happy to say is we're really, really pleased that there is active investigation going on and, you know, it's taken a long time - the Met have been reviewing things for three years. Errr... We've had feedback from the Metropolitan Police - they were pleased with the way things have gone, errm... and we want that work to continue. There are a lot of lines of inquiry that need followed and, as parents, I mean, what we're... what we've asked for all along really is that anything that is reasonable to be done that may help find Madeleine and catch those responsible for her abduction is done. And, as parents, that's all we're asking and we felt there was a lot to be done and we... we want to make it clear, you know, it is a very complex investigation. It's a huge dossier, errm... and we just want as much as possible to be worked through.

Martin Brunt: Kate, what do you feel you've...

Portuguese journalist: [talking over] Do you think those steps in Algarve from British investigators... investigators can help repair all the damage the book and the documentary made, or do you see or hear that people in the Algarve start to say: "What are we doing here?"

Gerry McCann: Well, I think the worse thing is, that we were told that, errr... someone in Praia da Luz wrote: 'The parents are murderers', when this work was taking place, and if that is reflected, errr... in the general population it's devastating.

Kate McCann: I mean, that was spray painted on the wall in Luz, just a few weeks ago.

Gerry McCann: So, I mean, what we hope... we think, you know, there has been a tremendous amount of damage but we hope the public - the general population - will see the PJ are investigating, the Metropolitan Police are investigating, they will look at it and say what the criminal file said. You know, we... we don't know whether Madeleine's alive or dead but there is no evidence that she's dead and she's a missing child, and she's completely innocent. And more importantly than... well, there's... for us, there's nothing more important than that, but the next more important thing is whoever took Madeleine is still out there, and whoever that person is, or... or persons, they must have been laughing during these last six years, at what's been told in the book - that there was no abduction, that there's... you know, there's no predator out there. There is. And he may s... he, or she, or they, may strike again. And, you know, there's an unsolved serious crime and there's a series of other crimes against children which have come to light, errm... who have been on holiday. So, you know, at the very least, these people need to be brought to justice.

Kate McCann: I mean, we... we can't...

Portuguese journalist: [inaudible comment/question] ... so whose fault is it?

Kate McCann: ...we can't... we can't undo all the damage that's been done by Mr Amaral's book and documentary - there's been too much damage. But we can make a difference and it's never too late for someone to come forward with the key information, and if this action helps us to reach that step then it's a positive thing and that's what we're aiming for.

Gerry McCann: We obviously never thought, seven years down the line, that we would be in this situation and, you know, of... of not knowing whether your child's alive or dead, and is missing. But we do still have hope because... especially because of all the other cases of children and young women who have been taken and kept for long periods of time and there is one thing that when... when I went to Washington, very early on, and went to the National Center for Missing and Exploited Children, their chief executive said to me: "The younger the child is when they're taken, the more likely they've been taken to be kept." So, we don't know the circumstances by which Madeleine was taken. We know it could be an awful outcome but there's no evidence to support that and what we've got to do is find her and find those responsible. Thank you.

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Re: UPDATES ONLY LIBEL TRIAL 8TH JULY 2014

Post by Guest on 10.07.14 9:49

@SallyVern wrote:If this has been posted before please delete


www.gerrymccannsblogs.co.uk/press/77sep13/AnneGuedes_12_09_2013.htm#day12km



Libel trial McCann v Gonçalo Amaral - Day 12 – Kate McCann's deposition

The hearing as it happened
(08.07.2014, 9:45am)

The judge Maria Emília de Melo e Castro starts by asking the lawyers for the defence whether they intend to speak out about a request that was made by the plaintiffs on the 26th of June. They say they give up.
The judge then refers to the fact that the plaintiffs appealed against the decision not to hear the parties whereas Gonçalo Amaral didn't and that therefore only Gerald and Kate McCann will be heard to-day.
The judge finally clarifies what was her first point: the plaintiffs had asked for information about the financial situation of GA on the 6th of January but didn't obtain it, Dra Isabel Duarte having requested on the 26th of June a Court's order for the Autoridade Tributária e Aduaneira (HM Revenue and Customs) to disclose confidential documents concerning GA.
The judge decides to grant this request, which was opposed only by the Guerra&Paz lawyer who finds it unnecessary and increasing the delay up to the end of this trial. The plaintiffs have ten days to obtain the documents and release them to the tribunal.
Therefore the hearing scheduled for this afternoon (Dra Duarte) and the hearing on the 10th (the defence lawyers) will have to be postponed. Sine die, because of

1) the tribunal holidays (starting on 16 of July and ending on 31 of August) and


2) A new judiciary organization that will be implemented in the whole country in the beginning of September.

Statement of Kate McCann
The first plaintiff to be heard is Kate Healy (name on her passport). Standing, as any witness did, she indicates her identity, address, profession (says she is a doctor but doesn't work any more), etc. Finally the judge claims that the plaintiff is here to make a statement on some facts of this trial. The plaintiff is expected to speak the truth about those points. Then she's invited to sit down.
The statement that the new CPC authorises is in fact not a voluntary and deliberate oral deposition, but consists of replying to the judge's questions. After that questioning, the lawyers are invited to submit their own questions, but those are themselves questioned by the judge who will reformulate or possibly reject some of them.

Judge – Do you remember when you first learnt about the book by Gonçalo Amaral and when you read it?
KMC learnt that the book existed through the media and read parts of it that were quoted. She read it completely around the end of 2008.
Judge – How did you feel when you read the book?
KMC says that she was devastated. She already had an idea of what was in that book, but when she read it all she felt desperate because of the injustice against her and her family as a whole and also felt anxious because of the damage that this book was causing to Madeleine. She gives as an example the fact that the book accuses her and her husband of being somehow involved and of faking an abduction. The book smears her and her husband throughout.
Judge – What data are you now referring to?
KMC says that the book had many negative effects in Portugal. She says that this book sounds credible and if people believe what it says, that Madeleine is dead, they will not search for her and bring more information about her. She says that it is a particularly serious matter that such a theory is published in Portugal, because it is from there that Madeleine disappeared.

Judge – Do you remember the documentary?
KMC says that Portuguese and non Portuguese friends told her that it had been horrible, they didn't dare to tell her on the night it was broadcast, but the following day they gave her details.
Judge – Did you happen to watch it?
KMC says that she watched it when it was available on the Web.
Judge – What new element does this documentary bring? How did you feel watching it compared to what you felt when you read the book?
KMC finds that the destructive power of the documentary is bigger, it is yet more damaging.
Judge – Did you feel worse and why?
KMC explains that the documentary is more definitive and cutting than the book. She felt despair because of the injustice towards her family as a whole and she was anxious that it would damage the search since there was no official investigation and they were the only ones working very hard. As it was jeopardising their efforts, she felt pain and fear.

The Judge asks whether KMC knows about an interview given by Gonçalo Amaral to the Correio da Manhã, whether she remembers a particular interview.
KMC remembers an interview about the documentary, she remembers in particular one where it was said that Madeleine was dead, that they had kept her body in a freezer and transported it in the car boot.
Judge asks how KMC was made aware of the interviews.
KMC replies that she has friends in Portugal and that those friends sent her the articles and indicated the essential points.
Judge – When did you learn of that interview?
KMC doesn't remember the date but thinks it was soon after... (Suspended voice)
Judge – How did you react?
KMC says that her friends in Portugal were a big support.

Judge – How do you feel concerning the perception that the majority of Portuguese are against you?
KMC says that negative claims are very distressing and bothering.
Judge – Do you feel rather uncomfortable, ashamed?
KMC replies that "ashamed" is not quite the right word for it. She clarifies that it makes her lose confidence.
Judge asks whether she suffered because the people thought that they were cowards for having hidden the body.
KMC, after a silence, says that people thought much worse than that.

Judge – Did that cause you insomnia?
KMC says that it happened obviously, but that she isn't no more as she was, destroyed. She says that she cried, that the book brought her pain and emotion while she was desperate to find Madeleine.

Judge – Do the twins know about the book, the documentary?
KMC answers that of course they use computers at school and at home and she has to be very careful and try to supervise the information they get.
Judge – Do they have a global idea about what people say?
KMC mentions that her son, in October asked her why Mr Amaral said that they hid Madeleine. She answered that there were many stupid things in his book.
Judge – How did your son know about that? How was it possible if you were careful to prevent access to the book?
KMC thinks he heard it on the radio, in the school bus.
Judge – So what did you do?
KMC says that they spoke to David Trickey who advised them to let the twins make comments and just answer when they ask questions. She says that they had to contact the school in case a child would tell the twins about something that is in the book. She says that the book is noxious for adults and must be even more damaging for children.
Judge asks if KMC had a depression.
KMC says no, but of course she had been depressed.
Judge – Clinically?
KMC – No.
Judge – Did you publicly say that you wished you were in a coma to forget the pain?
KMC – Yes.
Judge – In what circumstances? Was it linked to the disappearance of Madeleine or to the book and the documentary?
KMC replies that the pain was increased by the book.
The judge asks how old the twins are (9) and when they started school (2009).

Isabel Duarte (for the plaintiffs) – Was there a reaction to the book and the documentary in the UK?
Judge reformulates but keeps the question
KMC says that there were a bit less reactions than in Portugal and that it was because of the media who accepted what the book said and published reports upon it. People on the Web and through e-mails were stimulated to insult them, like the Madeleine Foundation, and created a lot of damages. As Gonçalo Amaral was the coordinator of the investigation, it provided him credibility and it intensified the vilification of them.

Judge – What is the Madeleine Foundation?
KMC explains that it's a group of people who essentially promotes theories up to the point of trying to manipulate people in their village.
Judge – What relation is there between this group and the book?
KMC says there is none, but they invited Gonçalo Amaral. She thinks that he didn't go.
Judge – This group was created because of the book?
KMC – No, it existed before the book was published. She says that obviously the book strengthened them.

Isabel Duarte says she wants KMC to speak of the threats. The judge asks from who, from where, but as Isabel Duarte doesn't known the judge rejects this question because it is not within the scope of the trial.

The judge gets back to the conversation with Sean and asks whether he left it at that.
KMC says it occurred only then, after that they followed the Trickey's advice.
Judge – Did Sean speak again to you about it?
KMC – No.

Gonçalo Amaral's new lawyer, Miguel Cruz Rodrigues, wants to know what caused more distress to KMC.
The judge rephrases – What disturbed you more: the disappearance of your daughter, the fact you were made arguido or the reason for this trial, i.e the book and the documentary?
KMC says there's nothing worse than the abduction of a child, but that the rest intensified the pain and that there are limits to what a person can bear.

MCR mentions the topic of the social (image) destruction. The judge confirms that it is an issue to establish or refute.
Judge – Did you have the support of famous people like Angelina Jolie?
KMC says that she has no idea about Angelina Jolie, but knows that renowned people supported them.

MCR mentions a celebration that gathered 20 thousand people in order to pray on the 8th of December 2008
http://www.blackburncitizen.co.uk/news/3959495.Thousands_join_East_Lancashire_group_s_prayers_for_Madeleine_McCann/
KMC doesn't remember and asks where it was.
MCR says it was in the UK.
KMC says that there are obviously people who pray.

MCR mentions that KMC became an ambassador for Missing People in July 2012. Judge repeats the question.
KMC – Yes.

MCR mentions a gala party in January 2010 to commemorate 1000 days. Does she remember?
KMC – Yes.

The judge tells KMC that she's free to leave or to remain in the Court room. She remains there, sitting next to her lawyer.
And so it ended


With many thanks to QV and Astro for review

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Re: UPDATES ONLY LIBEL TRIAL 8TH JULY 2014

Post by Guest on 10.07.14 11:11

@HiDeHo wrote:Martin Brunt on McCann TRIAL against Goncalo Amaral July 8th 2014 [/b]





McCanns Claim Son Asked if they HID Madeleine's Body July 8th 2014


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Re: UPDATES ONLY LIBEL TRIAL 8TH JULY 2014

Post by Guest on 10.07.14 18:13

@PeterMac wrote:With many thanks and full acknowedgements

http://www.justpamalam.co.uk/Gerry_McCann_08_07_2014.htm
Libel trial Day 12 Gerry McCann deposition text from PDF 08-07-2014

Libel trial McCann v Gonçalo Amaral - Day 12 - Gerald McCann's deposition

The hearing as it happened
(08.07.2014, 11am)
The lawyers asked for a pause after KMC's deposition. At the end of a 10' pause, the clerk arrived with GMC. He was asked to stand to answer the usual identity questions and commit himself to tell the truth.

Judge – When did you learn that Gonçalo Amaral's book had been published?
GMC says it was in April 2008, a friend sent them translations of media articles.
Judge – The book hadn't been published yet?
GMC – No. He says that the book was introduced in the media before it was published.
Judge – Was it through interviews?
GMC – Yes.
Judge – When was the book published?
GMC says it was published 3 days after the releasing of the AG final report.

Judge – When did you have access to the book?
GMC replies that he learnt through the media, particularly the Correio da Manhã, that the book was published. Portuguese friends daily translated for them what the media said.
Judge – Have you read the book entirely?
GMC says that he read translated parts. Only later a translation of the whole book was available.
Judge – When?
GMC – Later in 2008. He adds that he must say that their lawyer Rogério Alves read the book, made a report upon it and then had a discussion with them about it.

Judge – How did you feel?
GMC says that what was said in the media, before he himself read the book, was the cause of much anxiety for him.
Judge – And the book?
GMC says it was shocking. The book is an affront to him, to his wife, to his family and to the people who believe in them.
Judge – How did you feel?
GMC says that he obviously felt anguish, despair and of course anger reckoning that someone so close to the investigation alleges claims without evidence that his missing daughter is unequivocally dead. The most important issue for them was that the book was read by hundreds of thousands of people and widely publicised. That made the people believe in the conclusions, preventing information about Madeleine from being brought up.

Judge – Then the documentary was broadcast?
GMC says that it was even worse then.
Judge – Why?
GMC explains that it states right at the beginning that Madeleine is dead, that there was no abduction, that he and his wife are liars, that they are cold and ruthless enough to hide a body instead of rending assistance. There's no evidence of that and the evidence that the documentary presents doesn't match.
Judge – Have you watched the documentary?
GMC watched it on the Web.

Judge – Have you been feeling the same as with the book?
GMC says it was worst.
Judge – In what way?
GMC says it was horrible to realise that people were watching something that wasn't true. They were working very hard on the investigation, including people in the Algarve who had been brought in to help. The documentary destroyed all the possibilities of obtaining assistance.

Judge – Do you know about interviews of Gonçalo Amaral in the Correio da Manhã ?
GMC says that he read many interviews.
Judge – What about interviews upon the thesis of the book?
GMC argues that there were many articles on the theme published in the Correio da Manhã and also in other newspapers.
Judge – Do you remember an article published in (30) Julho 2008 in the Correio da Manhã ?
GMC remarks that articles were published almost on a daily basis and asks whether he can see the headline.
The Judge asks the clerk to show the article to GMC, says that the header is
"Madeleine died in the flat" and ask the interpreter to translate the beginning of the article.
http://www.cmjornal.xl.pt/noticia.aspx?channelid=00000009-0000-0000-0000-000000000009&contentid=F4C302DD-058C-44C9-8D9E-84C08B61B68C

Judge – Do you remember it?
GMC says that he saw that in many other newspapers.
The Judge observes that this was the first of a series of excerpts of "A verdade da Mentira" published by the Correio da Manhã.

Judge – Have you had insomnia, lack of appetite?
GMC says there were not many nights without thinking of that book. Anxiety was big and of course appetite was failing, but it wasn't permanent.

Judge – Have you observed that people thought differently of you after the publication of the book?
GMC notes that it is difficult to answer because this requires knowing what the people thought before.
Judge – Do you think that for most people these theories are true?
GMC argues that there was clearly no evidence that Madeleine was dead and that nothing supported that Kate and him were anyhow responsible. People strongly believed them, but after the book was published and after a huge media coverage most Portuguese stopped believing because they were bombarded by the idea of Madeleine's death and of a staged abduction.

Judge – What about the public in the UK?
GMC says that, thanks to the legal actions, the content of the book hasn't been published by the MSM, but small minority groups, in the UK, have launched campaigns of persecution against them, based on the book.
Judge – Can you name them?
GMC – Yes, we had legal actions against the Madeleine Foundation and the name is Anthony Bennett.
Judge – What relation exists between this group and the publication of the book?
GMC says that AB used parts of the book, interviewed Gonçalo Amaral and invited him on a forum.
Judge – Did the group exist before the publication?
GMC isn't sure about that. But he's able to say that the material they used was based on the allegations of the book. They published pamphlets that said that Madeleine hadn't been abducted. They distributed them to his neighbours and in the whole Leicestershire. This led AB to receive many warnings from his juridical counsels and finally to be sued.

Judge – The twins know the theory of the book?
GMC says they try not to talk upon that subject, but they answer the twins' questions. Sean asked Kate a specific question; he asked why Mr Amaral said that they hid Madeleine. They're aware that the twins make those questions because they hear people tell things.
Judge – What did you do?
GMC mentions that they were very worried about the twins and took a professional advice. They contacted a child psychologist who told them how to handle the issue the best way. He still advises them when they need it. GMC adds that the key-piece of advice is to answer the questions as openly as possible, at their understanding level. Up to now, he says, it has functioned very well, but he's worried by the fact they're going to discover on the Web horrible things about their parents. He's worried by the effect it will have on them.

The Judge asks whether there is a coordination with the school upon that issue.
GMC says that the school provided a big support and is in contact with Kate, but there hasn't been specific incidents.
Judge – Do you know a book by Paulo Cristóvão on the Maddie Case (A Estrela de Madeleine)
GMC says he vaguely heard of it.
Judge – Do you know a book by Manuel Catarino (A Culpa dos McCann?)
GMC says he doesn't know that name.
Judge – Do you know a book by Hernâni Carvalho and Luís Maia (Maddy 129)?
GMC says he knows the name Hernâni Carvalho because his comments in the media on GA's book. But he doesn't know that he wrote a book.

Gonçalo Amaral's new lawyer, Miguel Cruz Rodrigues, is the only one who has a question for GMC. He wants to know what caused more distress, the disappearance, the arguido status or the reason for this trial.
The judge rephrases – What disturbed you more: the disappearance of your daughter, the fact you were made arguido or the reason for this trial, i.e the book and the documentary?
GMC says that those events happened at different times. A missing child is the hugest pain there is, but the publication of the book sharpened the pain.

There's no more questions and the Judge is about to dismiss the plaintiff when GMC claims that he has something to say.
The judge says that in a civil trial the parties aren't allowed to spontaneous depositions. But she allows him: please do speak!
GMC says that he wants to make a comment about the dogs; he wants to make it clear that it is not a fact that they detected blood...
The judge interrupts him – The issue here isn't not to elucidate what actually happened. The perspective, in this trial, is to determine whether the book and the documentary affected the plaintiffs.
GMC – But the book mentions facts that aren't true.
The judge – The point isn't to establish whether things are true or not, this is not the issue. We want to know whether we are in the juridical remit of offence to persons. For this it's not necessary to know what the truth is. As a judge I'm not supposed to stand in for a criminal investigation.

And so it ended

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