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Google translation of the judgement Part 1

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Google translation of the judgement Part 1

Post by Doug D on 29.04.15 13:49

I suggest comments are best kept to the 'Goncalo has lost....' thread, but here is the google translation of the judgement as posted at:

http://www.eliphashardi.eu/

for reference.

 
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
333688850
CONCLUSION - 27/03/2015
(E Term prepared by Deputy Registrar Jorge Manuel Alves saws)
CLS = =
**
*
Leaves 2175 to 2183 (documents produced by the authors on 26 February):
The documents submitted by the authors are intended to remedy a dilatory exception detected in action, so they are not assimilated within the provisions of article 423 of the Code of Civil Procedure governing about "the documents intended to prove the action of foundations or defense" .
In any case, with regard to a presumption of regularity of the proceedings, as flows of Clauses 6, paragraph 1 and 278, paragraph 3 of the Civil Procedure Code, is the rule of civil procedure that substantive issue supplant whenever legally admissible, the mere form.
So and the above, admit them documents offered by the authors.
Notify.
**
*
When you want to deliver judgment found that the following reply to article 20 of instructory base / proof themes incurred a manifesto written lapse because the words "21 June 2008" should have read "July 21 2008 ", the results of pgs document. 536, in the grounds of this matter.
Thus, according conjugates of Clauses 613, paragraph 3 and 614º, paragraph 1 of the Civil Procedure Code, fixes up this lapse, so that it reads "21 June 2008" if pass reading "July 21 2008 ".
Notify and correct on the spot.
**
*
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
KATE MARIE PATRICK HEALY McCann and Gerald McCann, married, medical, for itself and on behalf of their minor children, MADEILENE BETH McCann, Sean Michael McCann and McCann AMELIE EVE, residents of Orchard House, 5, The Crescent, UK;
They brought this declaratory action under the common form process (originally under the ordinary form) against
GONÇALO DE SOUSA AMARAL, married, resident in the urbanization Cerro Azul, lot 53, Quelfes, Olhão.
Asked the merits of the action is the convicted defendant:
I. The pay each of them a total amount of compensation not less than Euro 1,200,000.00, being 500,000.00 Euros for the 3rd author, Euros 100,000.00 for each of the 4 and 5ºs authors and Euros 250,000.00 for each of authors 1 and 2 s.
II. The pay default interest at the legal rate on the amount of those damages from the date of service until full payment.
III. The pay them emerging property damage consisting of all costs that may be settled in execution of sentence and are directly and necessarily inherent in the judicial initiatives that are necessary and that have been or will be initiated based on content , interviews and news texts concerned in the records.
IV. Posting the sentence, for extract, at its own expense, in two consecutive days, one of the most widely read newspapers of Portugal and one of the most widely read daily newspapers in the UK and, also, to be published this sentence for extract and once, in one of the most widely read weeklies Portugal and the United Kingdom, at the choice of the authors, in the 15 days immediately following the final judgment of that.
V. pay the costs of the proceedings, including the fees on them was their agent.
Invoked so much and in summary, as follows:
 The author Madeleine is missing from the day May 3, 2007, having run terms to determine the criminal responsibility for their disappearance a criminal case where the 1st and 2nd authors came to be made defendants and culminated with an order of filing .
 In order for archiving was concluded there is no evidence that the
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
1st and 2nd authors practiced any crime.
 On 24 July 2008 the defendant launched in Lisbon a book written by him entitled "Maddie The Truth of the Lie", which were published several editions in several languages, namely French, Italian and German.
 In this book the defendant developed the thesis that the 3rd author died in the apartment that the family occupied in Praia da Luz on the night of May 3, 2007, that death occurred as a result of an accident for which the 1st and 2nd authors They are responsible, that these authors simulated the child abduction and then subtracted the body concealed, everything to evade the action of justice.
 This thesis has been reproduced by the defendant in several interviews in the media, particularly in the interview given to the newspaper "Correio da Manhã", published in the edition of July 24, 2008.
 The same thesis was broadcast twice on television content produced by "VC - Valentim de Carvalho - Movies, Audiovisual, SA "in TVI television, having had broad audience.
 These facts deprive the 3rd author of the just and proper investigation of his disappearance.
 The same harm and will continue to damage the future the moral integrity of the 4 and 5 authors, whose right to good name and the good name of his family reach.
 The 1st and 2nd authors are, because the same facts, totally destroyed, being depressed, feeling ashamed and experiencing a deep malaise because they are considered as having responsibility in the disappearance of his daughter and how cowardly people who have hidden his body, simulating a kidnapping.
 More than any financial compensation, the plaintiffs claim a public moral reparation, so the sentence to be given should be published in the petitioned terms.
*
Challenged the defendant, by challenge, calling, in essence, that the book does not contain any new or confidential matters which have not been the subject of criminal investigation and been widely reported by the Media, the international media coverage of the case was not created by him, but by the authors, and the thesis that the defendant
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
holds the book is anchored in extensive and reasoned report of investigation of a Chief Inspector of Judicial Police constant of criminal proceedings.
It added further that the action is a violation of their right to opinion and freedom of expression.
Partially challenged the articulated factuality and concluded by dismissing the action.
*
The authors presented articulated defense of the pretext response against "cloaked exceptions".
*
It was given an order inviting the improvement of the application, to which the authors corresponded and he deserved the legal contradictory.
*
By order of 12 July 2010 it was determined the consolidation of these records of the declaratory action under the ordinary way process, No. 6000/09, pending the 3rd section of the 7th Civil Court of Lisbon.
In this action the authors here KATE MARIE PATRICK HEALY McCann and Gerald McCann, for itself and on behalf of their minor children, MADEILENE BETH McCann, Sean Michael McCann and McCann AMELIE EVE require the following defendants:
DE SOUSA GONÇALO AMARAL, here defendant;
WAR & PEACE, EDITORS, SA, VAT No. 507 588 509, headquartered in Redondo Conde Street, No. 8, 5th left, Lisbon;
VC - OAK-FILM VALENTINE, AUDIOVISUAL, SA, VAT No. 508 202 884, headquartered in Paco de Arcos Road, No. 26, Central Building, Paco de Arcos, Oeiras;
TVI - INDEPENDENT TELEVISION, SA, VAT No. 502 529 750, headquartered at Rua Mário Castelhano, No. 40, Queluz de Baixo, Barcarena, Oeiras.
They argued that the 2nd defendant is the publisher of the book "Maddie The Truth of the Lie", the 3rd defendant producer of the program / documentary that aired on the 4th television channel that explores and that holds at least the unique to Portugal.
Based on the same facts and grounds petitioned:
I. The ban on the sale and ordering the recall, for destruction, books and videos "Maddie - The Truth of the Lie" that still remain in bookstores or
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
other outlets, Warehousing, naming the Mandatory authors as trustee, all defendants should be notified to such collection;
II. The prohibition to all defendants, implementation, although the Internet, new editions of the book or video or other books and / or videos that defend the same thesis and are intended for marketing or dissemination in Portugal;
III. The prohibition to all onerous or free transfer of defendants, in any way, for publishing rights or copyright in the book's contents or video, or other books and videos on the same theme, to be published in the same anywhere in the world;
IV. The ban on all defendants and by any means, including the Internet, citation, analysis and comment, expressed or implied, oral or written, parts of the book or video you defend the thesis of the death of the 3rd author or blind the body at any part of the world;
V. The ban on all defendants and by any means, including the Internet, providing or reproduction of comment, opinion or interview where this thesis is defended or can be inferred;
VI. The ban on all defendants the transfer, publishing and provision of statements, photographs or other documentation related to the book, video or the thesis by any means possible, including the Internet.
VI. The conviction of the defendants to publish the sentence, for extract, at its own expense, in two consecutive days, one of the most widely read newspapers of Portugal and one of the most widely read daily newspapers in the UK and, as well, to publish such a sentence, By extract and once in one of the most widely read weeklies Portugal and the United Kingdom, at the choice of the authors, in the 15 days immediately following the final judgment of that.
VII. The conviction of the defendants to pay a penalty payment deterrent to the aforementioned circumstances, of not less than Euro 100,000.00 (one hundred thousand euros) for each act of non-compliance prohibitions or seizure order books and videos.
VII. The conviction of the defendants to pay the costs of the proceedings, including in them if the fees of agents of the authors.
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
*
Challenged all defendants, essentially, as follows:
- TVI defendant claimed that he acted within the scope of freedom of expression and freedom of constitutionally enshrined press, and issued before the program broadcast a statement showing has taken no position on the theses in confrontation, but simply to exercise the right and the duty to inform.
- The defendant Gonçalo Amaral argued with freedom of expression and opinion, deeming the request of the authors of unconstitutional for violation of provisions of article 37 of the Portuguese Constitution.
- The VC Valentim de Carvalho challenged the factuality articulated by the authors and submitted that gave the marketing rights, distribution, exhibition and dissemination of all the work that creates a third company, having edited or sold any video.
- War & Peace defendant challenged the factuality articulated and argued that the book is an objective account of true events that by their relevance are manifest public interest, taking the case "Maddie" been the subject of several studies Social Communication and other books.
They concluded by dismissing the action.
*
Held preliminary hearing (5 sessions), during which was delivered to table curative act that declared valid and regulate its proceedings.
At the same hearing fixed up the facts based and structured to instructory base, claim the authors, rejected.
*
Held final hearing (in 14 sessions), in compliance with the legal formalism.
After hearing the parties in accordance with Clauses 6, paragraph 1 and 547º of the Civil Procedure Code, was granted the same period for claiming, in writing, on a point of law, so it was given independent decision on the facts, with which He ended the final hearing.
*
Closed the final hearing, the instance was suspended in accordance with the order made on 20 May 2014, pgs. 2024-2026, for authors to join authorization from the UK Tribunal for the action was brought on behalf of the 3rd author.
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
*
The termination of the stay proceedings came to be declared by order of February 11, 2015, on pages. 2169.
*
In this sequence, the authors and the defendants Gonçalo Amaral, War & Peace, Lda came to present in writing, in law claims, fighting:
A) The authors, by the merits of the action, arguing that their constitutionally guaranteed rights are superior to the eventual freedom of expression that the defendants benefit, the book and the remaining parts versed in the action lack information and are designed to transform " thesis "death of the author Madeleine at the hands of parents and the subsequent concealment of his body in the" result "of the criminal investigation and that the defendant violated Gonçalo Amaral functional duties to which it was attached as Inspector of Judicial Police;
B) The defendant Goncalo Amaral, the applications of order, alleging, in summary, that the book's main motivation the defense of personal and professional honor of the defendant, who were the authors who departed the reservation from your private intimacy and rights the image and good name and the book and documentary describe the facts contained in the research;
C) War & Peace defendant, by dismissing the action brought against it, arguing with the illegality of the claims made in a democratic rule of law and the fact that the book was an exercise of the right of opinion and also an exercise of freedom of expression and information.
*
The assumptions of the validity and regularity of proceedings was left to this sentence, by the order of May 20, 2014, the question of the regularity of representation of Madeleine McCann author by authors Gerald and Kate McCann, parents.
It was felt then that it was at the lack of authorization provided for in paragraph 1 of article 29 of the Civil Procedure Code, missing in the record, in particular, the authorization of the UK Court (that is less "Ward of the Court ") to the bringing of this action.
The authors joined a certificate issued according to the artº 39 of EC Regulation 2201/2003 which demonstrates the "Family Division" of the High Court of Justice of that country, by decision of 21 March 2014, authorized the authors Gerald and Kate McCann to
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
represent the smallest in procedures related to the content and effects of the book in question in the action and subsequent media activity with the same related.
Moreover, as evidenced in pgs copy. 2158 and 2159 (reqto of the authors of January 23, 2015) those plaintiffs have since July 16, 2010, a decision of the same court for the minor Madeleine figure as an author in the action against the four defendants.
Having these data present, there will be deemed remedied the representation of misdemeanors in accordance with article 29 of the Civil Procedure Code and therefore reject the objection raised by the defendant Goncalo Amaral.
*
Remain valid assumptions of timely appreciated instance, not befallen, or subsisting exceptions, annulments or previous issues that prevent the appreciation of the merits of the case.
*

Doug D

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Part 2

Post by Doug D on 29.04.15 13:52

PROVEN FACTS
Having considered this matter based on the selection of facts and the decision handed down in due course after the taking of evidence and discussion of the case, it is stated the following facts:
1. The authors Kate McCann and Gerald McCann are married to each other [point A) of the undisputed].
2. Madeleine McCann author was born on 12.5.2003, being daughter of the authors Kate McCann and Gerald McCann [point B) of the undisputed].
3. Sean McCann author was born on 1.2.2005, the son and the authors Kate McCann and Gerald McCann [section C) of undisputed].
4. Amelie McCann author was born on 1.2.2005, and daughter of the authors Kate McCann and Gerald McCann [point D) of the undisputed].
5. Madeleine McCann author is missing since May 3, 2007, and was opened criminal investigation No. 201 / 07.0GALGS by the Attorney of the Republic of Portimão Circle [point E) of the undisputed].
6. Dogs of the British police "Eddie" and "Keela" detected brands odor of human blood and body in apartment 5a of the Ocean Club [point AR) of undisputed].
7. Dogs of the British police "Eddie" and "Keela" detected odors brands
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
human blood and body in a vehicle rented by the authors Kate McCann and Gerald McCann after the disappearance of Madeleine [point AS) of undisputed].
8. The authors Kate McCann and Gerald McCann were made defendants in the criminal investigation [point F) the undisputed].
9. pgs. 2587-2602 the criminal investigation in 10.9.2007, the Chief Inspector Tavares de Almeida produced a report, which contains inter alia the following:
"Of all the calculated, the facts point towards that of Madeleine McCann death occurred on the night of May 3, 2007, inside the apartment 5A, the Ocean Club resort in Praia da Luz, occupied by the McCanns and the three children. [Pgs. 2599 criminal case]
(...)
For all the above, it follows from that Autos:
A) the smallest Madeleine McCann died in apartment 5A of the Ocean Club in Praia da Luz on the night of May 3, 2007;
B) there was a simulation of abduction;
C) in order to preclude smaller of death before 22h00, it was invented one of the children surveillance situation McCanns as they slept;
D) Kate McCann and Gerald McCann are involved in the concealment of the body of their daughter Madeleine McCann;
E) at this point, it seems not yet exist strong evidence that lower the death has not occurred due to a tragic accident;
F) of the calculated to date, it seems that the couple McCann, as self-defense, is unwilling to make the delivery immediately and voluntarily the body, there is a strong likelihood that the same have been transferred from the initial depositation site. This situation is likely to raise questions about the circumstances in which the death of the minor.
Thus, we suggest that a consignment of Autos to Exm.º Mr. Prosecutor, in the circle of Lagos to:
G) possible new interrogation of the accused Kate and Gerald McCann;
H) evaluate the application of duress as it deems appropriate to the case. [Pgs. 2601 criminal case] "[AT point) of undisputed].
10. The pgs. In 2680 the criminal investigation in September 10, 2007, the Prosecutor
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
the survey holder Republic issued an order, which contains inter alia the following:
"In the course of the investigation that is continuing to investigate the disappearance of Madeleine McCann, thus being open to investigation, either to confirm or to rule out the occurrence, for kidnapping crimes, homicide, exposure or abandonment and concealment body and as outlined plan, it is necessary to document the actual time of such disappearance, determine the location of each of the actors - from the McCann couple to the group of friends with whom they were on vacation in tourist apartments OCEAN CLUB Beach Light: Michelle Jane Tanner, Russell James O'Brien, David Matthew Oldfield, Rachael Mariamma Jean Manpilly, David Anthony Payne, Fiona Elaine Payne and Diana Webster - at the material time and in later times, as well as determine the movements of Gerald defendants McCann and Kate Healy, in the period they lived in Portugal, also establishing the connections between all stakeholders and third parties.
In this sense and because the steps it out below are shown essential for the discovery of truth, namely examining the telephone traffic information the McCanns and their friends, as well as other phone numbers that are found to be related to events that occurred on the night of May 3, 2007, remit the case to Mmo. JIC. "[Paragraph AU) the undisputed].
11. pgs. 3170 criminal investigation in 3.12.2007, the investigating judge made an order of Portimão, which contains inter alia the following:
"Why in this case to investigate the practice of kidnapping crimes, homicide, exposure or abandonment and concealment of a corpse, the first three punished with a sentence of imprisonment exceeding three years and it appears relevant to identify the person who revealed the behavior suspect occurred in the vicinity of where the child disappeared and alluded to the statements on pages. 3150 and 3154 ff., Having thus very important for the discovery of truth, the data requested by the prosecutor, order (...) to ask the telephone company Portugal Telecom (...) "[AV point) of undisputed] .
12. The defendant Gonçalo Amaral was, until 2 October 2007, the Inspector of Judicial Police in charge of coordinating the investigation into
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
disappearance of Madeleine McCann author [point G) of the undisputed].
13. The defendant was in Gonçalo Amaral retired situation of the Judicial Police from July 1, 2008 (article 19 of instructory base).
14. On 21 July 2008 the Attorney General's Office issued a "Note for the Media" announcing that he had been given the closure of an investigation referred to in paragraph 5 and that the same could prove to be reopened at the initiative of prosecutor or at the request of any interested party, if new evidence arose that originassem serious, relevant and consequential proceedings (article 20 of instructory base).
15. In the criminal case was given the order for filing by the Attorney on 21/07/2008, is consigning in particular the following:
"Given that there were certain points of the testimony of the accused and witnesses revealed that, at least apparently, contradiction or who lacked physical evidence, it was decided to proceed to the" fact that the restoration ", this diligence enshrined in Article 150 of the CPP in order to properly clarify and in situ of the following facts important details among others:
1. The physical, real and effective closeness between Jane Taner, Gerald McCann and Jeremy Wilkins, at the time when the first went through them, and which coincided with the sighting of the suspect means, carrying a child. Results, in our view, strange that both Gerald McCann and Jeremy Wilkins have not seen, nor the alleged abductor, despite the lack of space and the serenity of the place;
2- The situation on the window of the room where Madeleine was sleeping, along with the twins, which was open, according to Kate. It appeared then necessary to ascertain whether there was any air stream, as is mentioned movement of curtains and pressure on the fourth input port, which would eventually descortinável through reconstitution;
3- Establishing a timeline and effective control of the lower left alone in the apartments, as to believe that such control would be as tight as witnesses and defendants describe it, it would be at least very difficult for they met
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
fulfilled conditions for the introduction of a raptor in the residence and subsequent departure from it, with the child, especially for a window with little space. Moreover, the supposed abductor could only pass in this window, with the least a different position (vertical) to the witness JANE TANNER visualized (horizontally);
4- What happened in the time that has elapsed between at about 18h45 / 19h00 - time that Madeleine was last seen at her apartment by a person (David Payne) of their parents or siblings - and the time at which It is reported the disappearance by Kate Healy - about 22h00;
5- The obvious advantages and consabidas immediate appreciation of the evidence, or in other words, the implementation of the principle of immediacy of evidence in order to form a firm conviction as possible about seen by Jane Tanner and other stakeholders and eventually draw back once any doubts that might exist on the innocence of the parents of the missing.
Were accordingly followed legal procedures in accordance with the rules and conventions, and requested the attendance of witnesses, inviting them to be present even if making the call for solidarity with the couple McCann, given that from the beginning there was , on their part, adherence to such procedural diligence.
However, despite the national authorities have taken all measures to enable them to travel to Portugal, for reasons that are unknown, after several times being clarified the many doubts raised about the need and opportunity of his visit, chose not attend what prevented diligence.
We have to us that the losers were the main McCann defendants, who have lost the ability to prove what since its constitution as defendants have protested: his innocence against the fateful event; also remained hindered the investigation, because such facts were unclear. (...)
This denotes that the parents were not persistently concerned about the children who were not going to make your check and after performing declared before neglected, but not reckless or grossly, the guard duty of the same children. (...)
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
It is a fact that Madeleine disappeared from the apartment 5th the "Ocean Club", since it is not the manner and circumstances in which this happened - despite the very many steps taken in this direction - keeping untouchable indicted the range of crimes and referred to throughout the Inquiry. (...)
As regards the other charged crimes are just that and even despite it appears to not be the rule, given its high degree of probability, checking a homicide, so it can not move from mere supposition by lack of support elements in the record .
The non-involvement of the accused parents of Madeleine in any relevant criminal action it appears from the objective circumstances they are not in the apartment at the time of his disappearance, in its normal behavior adopted by this disappearance and later as largely stems from the testimony of witnesses, the analysis of telephone communication and also the findings of the investigations, particularly the reports of the FSS and the Institute of Forensic Medicine.
To this adds that in fact none of the signs which led to its
constitution as defendants came to obtain confirmation or further consolidation. Consider this: not confirmed the previous information alert the media, in breach of the police, there was no laboratory confirmation of the remains marked by the dogs and the initial indications of the above transcribed e-mail, better clarified later came to reveal If innocuous.
Even if, hypothetically, it were accepted that Gerald and Kate McCann could be responsible for the death of the child, always be left to explain how, where, when, with what means, with the help of who and where is released from your body in the strict timeline that, therefore, they would have laid out. Moreover, their daily routine until May 3 shall confine it to the narrow limits of the village "Ocean Club" and the beach is adjacent to it, knowing OSM surrounding land and, in addition to English friends with them summering there had not friends or contacts known in Portugal. (...)
Tests and analyzes were carried out in two of the most prestigious and accredited institutions for that purpose - National Institute of Legal Medicine and Forensic Science Service laboratory British - whose final results not positively valued the collected traces, nor corroborate the canine markings. (...)
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
It was not achieved any evidence enabling a middle man in the light of logic criteria of normality and the general rules of experience, make any conclusion lucid, sensible, serious and honest about the circumstances which saw the withdrawal of child of the apartment, not enunciate, even, consistent prognosis and including - the most dramatic - where is still alive or are dead, as seems more likely. (...)
Thus, all seen, analyzed and duly considered, in view of what is left exposed is determined: (...) the filing of notices as defendants Gerald Patrick McCann and Kate Marie Healy, for there is no evidence of them having committed any crime. "[point AQ) the undisputed].
16. The defendant "War and Peace, Editor, SA" is a commercial company, which is intended in particular editing, publishing and marketing, including import and export of books [paragraph L) of undisputed].
17. On 10 March 2008 the defendant "War and Peace, Editor, SA" and the defendant Goncalo Amaral entered into the written agreement with the fls. 277-281, called "copyright transfer agreement" through which the defendant Gonçalo Amaral gave the defendant "War and Peace, Editor, SA", exclusively, for a period of 10 years, the rights to publish the text "Madeleine, True Lies" in book form, printed or electronic, in all languages ​​and for everyone [point M) of undisputed].
18. Clause 4, paragraph 1, of this Agreement reads as follows: "The consideration payable by the grantor 1 to 2 grantor under copyright in respect of the work to marketing issues in Portugal will be: a) 12 % of the cover price of each copy sold, excluding VAT, up to 30,000 copies; b) 14% of the cover of each copy sold price, exclusive of VAT, from 30,001 copies sold up to 50,000 copies; c) 16% of the cover of each copy sold price, exclusive of VAT, from 50,001 copies sold. "[point N) of undisputed].
19. Clause 5, paragraph 2, of this Agreement reads as follows: "If the grantor 1 selling into other languages ​​in any country in the world, the rights of the work, it is established that the net proceeds of such sales, after less costs arising directly from the sale transaction will be divided between the 1st and the 2nd grantors equally, ie 50% for each "[point O) of undisputed].
20. The defendant Gonçalo Amaral is author of the book "Maddie, The Truth of the Lie", published by the defendant "War and Peace, Editor, SA" [paragraph H) of undisputed].
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
21. In the book cover is in the red, the word "confidential" and on the back are the words "reserved reading" and "contains unique revelations" [point P) of the undisputed].
22. Prior art book form, on your page 4, stated inter alia that: "Review: Fernanda Abreu. Cover and layout: Ilídio J. B. Vasco. Photograph of the author: Sandra Sousa Santos. © War and Peace, Editores, SA, 2008. All rights reserved. © Cofina Media for photos and infogravuras. Infogravuras developed by Nuno Costa "[point Q) of undisputed].
23. From the book "Maddie, The Truth of the Lie" stated inter alia that:
"Introductory note
This book arises from the need I felt to restore my good name, which was soiled in the public square, without the institution to which he belonged for 26 years, the Portuguese Judicial Police, has allowed to defend myself or to do so institutionally. Asked permission to speak in this sense, application of which never got answer. Strict compliance with the regulations of the Judicial Police, I kept silent. This, however, was heartbreaking for my dignity.
I was later removed from the investigation. I understood then that it was time to make my public defense. To do this, immediately asked the retirement, in order to restore the fullness of my freedom of expression.
This book also has a higher purpose. The contribute to the discovery material truth and the realization of justice in the investigation known as 'Maddie Case'. These are fundamental values ​​which forced me imperative of conscience, conviction and discipline to the institution to which I was proud to belong. These same values ​​did not die out with my retirement and continue to be ever present in my life.
Under no circumstances the book calls into question the work of my colleagues in the Judiciary Police, or compromise the ongoing investigation. It is my deep understanding that revelation in a work of this kind all the facts could compromise determining future measures to ascertain the truth. However, the reader will find data that ignores, interpretations of the facts - always under the law - and, of course, relevant questions.
A criminal only commits to the search for truth material. One should not worry about political correctness. [Pp. 11-12]
(...)
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
Much has been said so far - truths and lies, is watching, along with the duty of information, disinformation campaigns aimed at discrediting the developed criminal investigation and those responsible for it. For me the investigation was dead from 2 October 2007, when it seemed to have avenged a new English ultimatum on the same day in which was discussed the Lisbon Treaty and therefore has nothing admired me. In recent times he had seen another media spectacle, forcing a last for the abduction theory, with the disclosure by the McCann family of a photo-fit of a suspected kidnapper. Already nothing surprises me.
- Do not mind. It is Carnival.
We proceed with small talk, but I felt I definitely my world had collapsed like that.
After hanging up, I looked back at the almond trees, planted in the Algarve hard ground, ground that it may have played a role in the concealment strategy of a corpse and thought, God would not have precipitated to make them bloom in winter? [P. 16]
(...)
An investigation to file
I have a feeling that with that statement the national director intends to prepare public opinion for the inevitable, ie, the end of the investigation and the proceedings indeed be archived. This seemed to be the strategy adopted on 2 October 2007, which has consolidated with the realization of steps to meet calendar, a little window dressing. I feared it was soon called into question the research undertaken hitherto, in order to facilitate an eventual filing. This research had been wearing the image of the Judicial Police, its researchers and Portugal, and perhaps it would have to end.
The constitution of Kate Healy and Gerald McCann, Madeleine's parents, as defendants should have been the turning point in the relationship between the police and the couple involved. If, as the Portuguese police, the break happened, it does not seem to be able to say with regard to the English police. There was an understanding between both police to move in a research direction that seriously faced the possibility of the child's death occurred in the apartment but suddenly the English police inflectiu the course without coherent technical explanation - as we shall see. It caused us always strange how the couple were treated, even after its incorporation as a defendant, and the police information that eventually had access.
Mentally, I'm reviewing research, memories spring in cascade.
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
I think mainly that child that shortly before four years saw, abruptly, denied their right to existence, women make up the potential life of happiness and success in the company of family and friends, who abruptly He lost. Nothing makes sense. Seems to be cooked a smothering of the facts, decreasing the strength of any kind of evidence, forgetting that rights and other children. But who want this result? Who demanded my way out of the operational coordination of research? Those who want the end of the status of McCann and Murat as defendants? Those who insist on abduction theory? Those who claimed, and later say who they are, which had much less have arrested people in England? Or those who insist on the lie forgetting the search for truth stuff? The one-there to serve the eventual filing of the investigation and the end of the investigations.
After my departure from Portimão on 2 October 2007, it had decided to forget the case. It might be better, given the powers that seem to be involved.
If the home country authorities of child little wonder what happened to him, feeding the thesis of abduction, because I'll have to worry about? There will be a preposterous statement (or induced by the interviewer) a director of police will be able to delete the existing evidence (also will not have been said with that intention), our work is enshrined in the records. Only destroying them is that you can delete the record of what was done and even then, we are left with our memories and those who led us over the arduous task of trying to find the truth material. [Pp. 19-20]
(...)
Yes, a child died! I say this not by value judgments, but by deduction founded by gathering information, evidence and evidence of facts which are enshrined in the records. [P. 21]
(...)
The wisdom of a decision
Back in Portimão, against the chief inspector Tavares de Almeida, who was part of the team that coordinated. We know each other from the time we enter the criminal police. Is concerned about the words of the national director, speaks of an inquiry that has already requested the National Criminal Police Directorate. For him, the inquiry into our work will restore the truth.
- During the five months that kept us in the investigation, we hear a little of everything, but we were doing our job.
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
We recall what we did, with much effort and, honestly, we doubt that others could have done better. It is not conceit, is confidence in the rigor of the work of all involved police professionals:
- Hear! This guys do not know how to count? How can one speak of rainfall when the couple was accused constituted four months after the facts. They do not know the principle of non self-incrimination?
Referred to the legal impossibility of continuing to take statements from anyone, as a witness, so that it will publicize facts that may incriminate. Ie when someone is to testify about a particular case and, at some point, it appears that citizens have a possible involvement or responsibility in the commission of any unlawful act consists accused. With that citizens have rights and duties. Interestingly, and contrary to what one sees so often written in the press, especially the English, the defendant wins protection with the possibility to refer to silence without thereby commit a crime of misrepresentation - as would be the case if still remained as a witness.
- I agree with you. For errors in research this is one of them. The delay in carrying out the constitution of the couple as accused. There was more political and police less.
- Well, I would not say much. The error was that we treated the couple "with tweezers." We know that very early on we saw that a lot did not beat right and they were treated with privileges. That's not normal! [P. 23]
- Maybe the national director think that the couple just left the Algarve to have been made defendants.
- The couple became the Algarve, as he spoke of the abduction theory ...
where this thesis was called into question soon they began to talk about returning to England.
- It follows that its constitution as defendants was a false pretext to leave our country.
- You know !? There were British journalists who considered Portugal a country of the Third World ... disagreed and still disagree, however, only a Third World country is moving away responsible for a criminal investigation in progress, without it had been called into question by research leading.
- There is much talk in governmentalization justice ... forget the way they can influence any criminal ...
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
- It's easy ... it distributes to research the people of our confidence ... or, if things do not go well, change is the responsible for them ...
- I do not think that has been the fundamental reason, but ...
- There are always valid and legal arguments ... Anyway. The only obstacle to this research management, quasi-political ... are the heads of the police.
It is necessary to oppose the dubious situations and contrary to the interest of the investigation. They can not agree on everything just to be clinging to power ...
- Companion ... People do not direct the police for personal interests ... drive them in the pursuit of the public interest. Only then can understand the role of police in a democratic state and law.
- But, look ... We can get to the point where certain investigations will only be carried out by whom the defendants want .... maybe it was a matter of "modernity".
- From modernity or interests ... that's all shit! [Pp. 22-24]

Doug D

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Part 3

Post by Doug D on 29.04.15 13:54

(...)
Fraud or breach of trust?
In a moment of relax in one of these meetings, I have made a slip or, perhaps, I will have been inappropriate and undiplomatic. Concerned about the possibility of the McCann couple to be somehow involved in the disappearance of his daughter, and when he reasoned in the types of crime that they could have practiced, I realized a fact. If we really were to confirm any liability of the couple McCann, then it might be concerned regarding the fund created for the search for Madeleine, which reached more than 2 million pounds a crime of fraud or breach of trust. Then opened the debate and, indeed, with the given assumptions, the crimes of aggravated fraud or breach of trust could exist, but Portugal does not have jurisdiction to investigate and prosecute for such a crime. This would belong to the United Kingdom by the fund is registered in that country. The British colleagues have realized then a hard reality: the strong possibility of having to investigate a crime in their country, with the possible suspects the McCanns, which seemed to please them too. Having me aware of a sudden pallor on the face of the British present. [P. 193]
(...)
A disappearance, a window and a corpse
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
Here arrivals mind doing a deductive synthesis on this case. That is, reject what is false; away what can not be proved, for insufficient; give as valid and bought it that it has established.
Thus:
1.- The abduction theory is defended from the outset by the parents of Maddie;
2.- Within the group, only their parents say they have noticed an open window in the room of the missing girl; most can not witness it faithfully to have already flocked to the apartment after being given the alarm;
3. The only external testimony to the group referring to the open window and raised the blinds, is to Amy, one of the teachers of the Ocean Club, pointing to his observation to around the 22.20 / 22.30, so pretty after being given the alarm and not proving so that was open at the time of occurrence of the crime;
4. The set of depositions and testimonies reveal a high number of inaccuracies, inconsistencies and contradictions - which can be typified in some cases, such as false testimony. In particular, the testimony key to the thesis of abduction, of Jane Tanner, loses all credibility for having evolved successively over several times, becoming ambiguous and disqualifying;
6. There is not found corpse, finding validated by English dogs EVRD and CSI and corroborated by preliminary laboratory reports. [Pp. 219-220] "[I point) of undisputed].
24. The defendant Goncalo Amaral found in the book "Maddie, The Truth of the Lie" as follows:
"For me and for researchers who worked with me in the case by October 2007, the results we have reached are as follows:
1. The minor Madeleine McCann died in apartment 5a of the Ocean Club, in Vila da Luz on the night of May 3, 2007;
2. There has been a kidnapping simulation;
3. Kate Healy and Gerald McCann are suspected of involvement in hiding the corpse of his daughter;
4. Death may have befallen a result of a tragic accident.
5.Existem evidence of negligence in guarding and security of the children [pp. 220-221] "[paragraph J) of the undisputed].
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
25. The book "Maddie, The Truth of the Lie" was released on July 24, 2008, in the shopping center El Corte Ingles in Lisbon [point R) of undisputed].
26. On the day of its launch on July 24, 2008, the book was also sold to the newspaper "Correio da Manhã" [point S) of undisputed].
27. The book "Maddie, The Truth of the Lie" had the following editions in Portugal: 1st, in July 2008, with a print run of 30,000 copies; 2nd, in July 2008, with a print run of 10,000 copies; 3rd, in July 2008, with a print run of 10,000 copies; 4th, in July 2008, with a print run of 30,000 copies; 5th, in August 2008, with a print run of 25,000 copies; 6th, in August 2008, with a print run of 10,000 copies; 7th, in August 2008, with a print run of 15,000 copies; 8th, in August 2008, with a print run of 10,000 copies; 9th, in August 2008, with a circulation of 10,000 copies; 10th, in August 2008, with a circulation of 10,000 copies; 11th, in August 2008, with a circulation of 10,000 copies; and 12th in 2008 with a print run of 10,000 copies [point T) of undisputed].
28. The book was published by other publishers in the following countries: Spain, in September 2008, with eventual commercialization in Spanish in Latin America; Denmark, in November 2008, with eventual commercialization in other Nordic countries; in Italy, in December 2008, with sales in the Italian language for the whole world; in the Netherlands, in April 2009, with sales in the Dutch language all over the world; in France, in May 2009, with sales in French for everyone; Germany, in June 2009, with sales also in Austria and Switzerland [point U) of undisputed].
29. Under the attached injunction, were delivered to the trustee of the authors about seven thousand copies of the book [point V) of undisputed].
30. circulate on the Internet without permission of the defendant "War and Peace, Editor, SA", an English version and a Portuguese version of the book [point X) of undisputed].
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
31. The cover price of the book "Maddie, The Truth of the Lie" in Portugal was fixed by the defendant War and Peace Editors, SA for € 13.33 (thirteen euros and thirty-three cents) inclusive of VAT (Article 2 of the base instructory).
32. The sale of books was made, in part, on consignment and partly in firm has the right to return, subject to returns for several reasons, inter alia, manufacturing defects, or not handling the transaction (Article 23 of the base instructory).
33. The defendant Goncalo Amaral earned from the sale of the book "Maddie The Truth of the Lie" in 2008 and 2009, the amount of Euro 342,111.86 (three hundred and forty-two thousand one hundred and eleven euros and eighty-six cents ) (Clauses 3 and 4 of instructory base).
34. The defendant "V.C. - Valentim de Carvalho - Movies, Audiovisual, SA "is a commercial company, which is intended as the creation, development, production, promotion, marketing, distribution, exhibition and dissemination of cinematographic and audiovisual works [AA point) of undisputed] .
35. On 7 March 2008, the defendant Goncalo Amaral and aft "VC - Valentim de Carvalho - Movies, Audiovisual, SA "signed the written agreement at pgs. 282-283, called "rights option - deal memo," through which the defendant Gonçalo Amaral gave the defendant "VC - Valentim de Carvalho - Movies, Audiovisual, SA ", exclusively, of audiovisual adaptation rights (documentary and fiction) of a book on the investigation of the disappearance of Praia da Luz [point AB) of undisputed].
36. On 11 March 2008, the defendant Goncalo Amaral and aft "VC - Valentim de Carvalho - Movies, Audiovisual, SA "signed the written agreement at pgs. 284-288, called "transfer of rights - option agreement", under which the defendant Gonçalo Amaral gave the defendant "VC - Valentim de Carvalho - Movies, Audiovisual, SA ", exclusively, for a period of two years, the right of option in order to adapt the book" Madeleine, True Lies "and for a documentary or fiction, which may have the shape of a feature film or a TV movie for television [point AC) of undisputed].
37. Clause 2 of the agreement reads as follows: "For the assignment of such a right of option, the VC Movies undertakes to pay the author the importance
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
gross € 25,000, subject to legal fees, and plus the respective VAT (...). "[AD point) of undisputed].
38. From the 4th clause of this agreement in particular reads as follows: "1. For the adaptation of the documentary book, the author is obliged to participate as narrator, giving all image rights and sound. 2. For this participation, and the transfer of the entire equity content of copyright and related to VC Films, the author will receive a gross amount of € 15,000, subject to the statutory rate. (...) 3. For the transfer of the rights referred to in the preceding paragraph, the author will receive 10% of all revenue, national and international exploration of the documentary (on all platforms and in all media invented and to invent) after deduction of production costs. "[AE point) of the undisputed].
39. The defendant VC - Valentim de Carvalho - Movies, Audiovisual, SA reached an agreement with Valentine society Carvalho Multimedia, SA, on June 6, 2008, yielding to this the marketing rights, distribution, exhibition and dissemination of a set of cinematographic and audiovisual works (films, mini-series and documentaries) that it intended to produce within five years (Article 30 of instructory base).
40. The defendant "V.C. - Valentim de Carvalho - Movies, Audiovisual, SA "produced the documentary entitled" Maddie, True Lies, "directed by Carlos Coelho da Silva, which is the adaptation of the literary work (book) the defendant Goncalo Amaral, this documentary that DVD placed in the file plays [AF point) of undisputed].
41. At the beginning of the documentary, the defendant Gonçalo Amaral states the following:
"My name is Gonçalo Amaral and was investigator of the Judicial Police for 27 years. Coordinated the investigation of Madeleine McCann's disappearance on 3 May 2007. In the next 50 minutes I will prove that the child was not abducted and who died in the holiday apartment in Praia da Luz. Discover the truth about what happened That day. A death that many people want to cover up. "[Paragraph AG) of undisputed].
42. At the end of the documentary, the defendant Gonçalo Amaral states the following:
"What we know tells me that Madeleine McCann died in apartment 5a on 3 May 2007. I am sure that this truth will one day be found. The research was brutally interrupted and there was a political archiving and precipitate. There are those who hide the truth, but later or earlier, the varnish will
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
pop and the revelations will emerge. Only then will there be justice for Madeleine McCann. "[Paragraph AH) the undisputed].
43. The defendant "V.C. - Valentim de Carvalho - Movies, Audiovisual, SA "concluded the documentary with the following statement:
"The mystery persists, the former inspector believes that one day she will know the truth. For now we only know that on May 3, 2007, Madeleine McCann disappeared in Praia da Luz. He was three years old and was a happy child. "[AI point) of undisputed].
44. Following social decision taken on 27 October 2008 there was an increase of the capital of VC defendant - Valentim de Carvalho - Movies, Audiovisual, SA, which was registered on September 28, 2009, by which the capital of same society came to be detained at the rate of 60% by society "Valentim de Carvalho Studios - Recording and Audiovisual, SA" and in the proportion of 40% by the Fund for Cinema and Audiovisual (Article 29 of instructory base) .
45. On 13 April 2009 and 12 May 2009 the documentary was broadcast by the defendant "TVI - Televisão Independente, SA" [AJ point) of undisputed].
46. ​​Prior to the issuance of the documentary, the defendant "TVI - Televisão Independente, SA" issued the following statement:
"The program that follows is a documentary based on Gonçalo book
Amaral, former PJ inspector who investigated the disappearance of Madeleine McCann in the Algarve. His version of events is repudiated by the parents of Maddie, who continue to defend that this is a case of kidnapping.
The criminal proceedings conducted by the Portuguese authorities ended with the
survey archiving, decision contested by Gonçalo Amaral.
More than pointing responsible task for justice, the issue of this documentary is intended to contribute to that shed light on a case that remains a mystery unsolved for almost two years and which make available elements that help your understanding by the public "[AL point) of undisputed].
47. At least two million two hundred thousand people watched the program broadcast on 13.04.2009 (article 10 of instructory base).
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
48. The defendant Goncalo Amaral gave an interview to the newspaper "Correio da Manhã", conducted by journalists Eduardo Colleen and Henrique Machado, published in the edition of July 24, 2008, the contents of which are incorporated by this gives, with 1st call page, having been especially assigned the following statements:
"Correio da Manhã - What is your thesis, as an investigator of the case?
Gonçalo Amaral - A girl died in the apartment. It's all in the book, which is true to the investigation until September: reflects the understanding of Portuguese, English police and prosecutors. For all of us, until there were proven: the concealment of the corpse, kidnapping simulation and exposure to abandonment. "
Correio da Manhã - What led him to indict the McCanns for all these crimes?
Gonçalo Amaral - It all starts in a kidnapping theory forced by their parents. And kidnapping is based on two facts: one is the testimony of Jane Tanner, who says he saw a man go ahead apartment with a child in her arms; the other is the bedroom window which, according to Kate, was open when it should be closed. It has been proven that none of this happened.
Morning Mail - How do you proved?
Gonçalo Amaral - Jane Tanner is not credible: identifies and recognizes different people. Start by Murat later spoken to another person, the drawing made by a witness, and she says that is that, quite unlike Robert Murat.
Correio da Manhã - The testimony of Jane Tanner guided the abduction theory.
Gonçalo Amaral - To move around had to give him credit: nothing gave grounds for suspecting the abduction. And the question of the bedroom window, where Maddie and her siblings were sleeping, is central. It leads to the simulation. That is, whether he was open when Jane says she saw the man child in her arms. The girl's mother, Kate, is the only one to speak at the open window.
Correio da Manhã - This dismounts the abduction theory?
Gonçalo Amaral - Here's the solution. Or may not be closed strongly suggests simulation. And why it is simulated abduction and does not say that the child disappeared?
You may have opened the door and left ...
Correio da Manhã - Fingerprints Kate reinforce the simulation thesis?
Gonçalo Amaral - are the only fingerprints on the window. And in position so as to open the window. (...)
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
Correio da Manhã - What in your opinion happened to the body?
Gonçalo Amaral - It also indicated that the body after being in a particular place, was moved from car to car, twenty or so days later. With the remains found in the car, the girl would have to have been transported there.
Morning Mail - How can you say that?
Gonçalo Amaral - For one type of fluid, we say police, experts, that the corpse was frozen or preserved by cold and be placed in the trunk, with warmth that made at the time of the ice melted. In a curve, for example, dropped something on the right side of the bag, above the wheel. They can say it's speculation, but it is the only way to explain what happened there.
Correio da Manhã - If the body was first hidden in the beach area was always out of reach of search?
Gonçalo Amaral - The beach was hit at a time it is not known if the body was still there. Using dogs, but the dogs trackers have limitations, such as water
salt, for example. You can then have been removed "[point Z) of undisputed].
49. The defendant Gonçalo Amaral gave the statements attributed to it in the preceding paragraph (Article 1 of instructory base).
50. The defendant Goncalo Amaral gave interviews to the defendant "TVI - Televisão Independente, SA" in the days 16.5.2009 and 27.5.2009 [point AM) the undisputed].
51. In late April 2009, the documentary went on sale on DVD with the title and caption "Maddie The Truth of the Lie - A powerful documentary based on the best-seller" True Lies "Gonçalo Amaral" [point AN) of undisputed].
52. The DVD referred to above has been edited and the edited copies were sold by Valentim de Carvalho Multimedia, SA by agreement with Presselivre society Free Press, SA (article 8 of instructory base).
53 were distributed for sale 75,000 DVD copies of [point AO) of the undisputed].
54. 63 369 copies of the DVD have not been sold and was subsequently destroyed (Article 18 of instructory base).
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
55. On the cover of the video is in the red, the word "confidential" [point AP) of undisputed].
56. The DVD was sold by Presselivre society Free Press, SA, together with the newspaper which owned - "Morning Post" - the selling price to the public of Euro 6.95 (six euros and ninety-five cents) VAT included (article 6 of instructory base).
57. To date, the documentary was played only once to be edited, published and marketed in Portugal in video format on the DVD case referred to in paragraph 42 (Article 31 of instructory base).
58. Playback and editing the documentary video were authorized by the format "de Carvalho Multimedia Valentine, SA" society "Presslivre, Free Press, SA", owner of the newspaper Correio da Manha, according to the agreement between both established (Article 32 of instructory base).
59. Under which, the DVD, their covers and packaging would be like were made due, order and under the responsibility of Presslivre, to be distributed and marketed in conjunction with the newspaper Correio da Manhã (Article 33 of instructory base) .
60. And the whole process of registration and issue of classification in video (DVD) documentary with the IGAC would be, as it was developed by Valentim de Carvalho Multimedia, a process which costs the Presslivre bear, as endured (Article 34 of instructory base ).
61. The documentary DVD was distributed for sale together with the distribution for sale of the newspaper "Correio da Manhã" (Article 35 of the instructory base).
62. The defendant Goncalo Amaral earned by selling the DVD, in 2008, the amount of Euro 40,000.00 (forty thousand euros) (Article 7 of instructory base).
63. The documentary was played, including subtitled in English by others than the spread on the Internet without the consent and against the will of the defendant "VC - Valentim de Carvalho - Movies, Audiovisual, SA "(Article 36 of instructory base).
64. This illicit spread undermines not only the rights of the defendant "VC - Valentim de Carvalho - Movies, Audiovisual, SA "holds about the documentary, as its commercial exploitation, as any
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
citizen can access the documentary, also with just one "click" (Article 37 of instructory base).
65. The Prosecutor's Republic of Portimão determined to create a digital copy of the investigation process, with the exception of parts subject to absolute secrecy, and its delivery, on request, to several people, including journalists, which occurred [point AX ) the undisputed].
66. The content of such a digital copy was made public, including through the internet, having been known, commented and discussed public and universally [point AZ) of undisputed].
67. The authors Kate McCann and Gerald McCann warned the press to the disappearance of her daughter [point BA) of undisputed].
68. The authors Kate McCann and Gerald McCann gave an interview to the American television program "Oprah" hosted by Oprah Winfrey, revealing the existence of new evidence, reconstructions and robot portraits [point BB) of undisputed].
69. The interview on "Oprah" was transmitted to the world by signs available through satellite and cable networks [point BC) of undisputed].
70. This interview with "Oprah" program was broadcast in Portugal, by SIC, the day 9.5.2009 and 12.5.2009 [point BD) of undisputed].
71. The authors Kate McCann and Gerald McCann, in collaboration with the British television station "Channel 4", made a documentary about the disappearance of her daughter, entitled "Still missing Madeleine", lasting 60 minutes [point BE) of undisputed].
72. On 15.4.2009, the defendant "TVI - Televisão Independente, SA" signed a preliminary agreement for the licensing of broadcasting, exclusively in Portugal, the documentary "Still missing Madeleine" for € 35,000 [point BF) of undisputed].
73. The authors Kate McCann and Gerald McCann gave instructions for licensing the broadcast of the documentary "Still missing Madeleine" was not attributed to the defendant "TVI - Televisão Independente, SA" [point BG) of undisputed].
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
74. The documentary "Still missing Madeleine" under the translation "Maddie, two years of anguish," was broadcast by SIC on 12.5.2009 [point BH) of undisputed].
75. On 17.10.2007, Clarence Mitchell, spokesman for Kate McCann authors and Gerald McCann said they were realistic enough to admit that his daughter would probably be dead [point BI) of undisputed].
76. It was huge public interest in Portugal and throughout the world, about the events surrounding the disappearance of Madeleine McCann, the investigations carried out to find and to determine what in fact happened, its evolution and vicissitudes, these if including the establishment of the authors Kate McCann and Gerald McCann as suspects in its investigation process and the defendant's removal Gonçalo Amaral of investigations in this process were developed under his direction [point BJ) the undisputed].
77. The authors Kate McCann and Gerald McCann hired by Madeleine's Fund, media companies and spokesmen [point BL) of undisputed].
78. The so-called "Maddie case" has been deeply treated in Portuguese and foreign companies, either by organs of the media, whether in books, as were the works of author Paulo Pereira Cristóvão, Manuel Catarino and Hernani Carvalho (article 24 of the base instructory).
79. The so-called "Maddie case" was commented by Dr. Francisco Moita Flores, former Inspector, writer, commentator and criminal as such in various media (Article 25 of instructory base).
80. The facts of the criminal investigation of Madeleine McCann's disappearance that the defendant Gonçalo Amaral refers in the book in an interview with the newspaper "Correio da Manhã" and in the documentary are mostly occurred facts and documented in this investigation (Clauses 27 and 28 of instructory base).
81. As a result of Gonçalo Amaral defendant's statements in the book, the documentary and interview with the Morning Post, the authors Kate McCann and Gerald McCann felt anger, despair, anguish,
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
 
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
concern, having suffered insomnia and lack of appetite (Article 13 of instructory base).

Doug D

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Part 4

Post by Doug D on 29.04.15 13:55

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a) the cover price of the book "Maddie, The Truth of the Lie" in Portugal is of € 13.80, VAT included;
 b) That the defendant Gonçalo Amaral had earned from the sale of the Portuguese edition of the book "Maddie, The Truth of the Lie" amount not less than € 621,000.00;

c) That the defendant Gonçalo Amaral had earned from the sale of editions in foreign language book amount not less than € 498,750.00;

 
d) That the book had been sold in Brazil by the defendant "War and Peace, Editor, SA";
e) That the DVD has a cover price of € 6.00;
 f) That the defendant Gonçalo Amaral had earned by selling the DVD amount not less than € 112,500.00;

g) that the DVD had been edited and the edited copies had been sold by the defendant "VC -- Valentim de Carvalho - Movies, Audiovisual, SA ";
 h) That the defendant "V.C. - Valentim de Carvalho - Movies, Audiovisual, SA "had already put the DVD available in English version, for immediate delivery through
District of Lisbon
Lisbon - Inst.
 
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
order by internet;
i) That because of Gonçalo Amaral defendant's statements in the book, the documentary and interview with the Morning Post, the Judicial Police had ceased to collect information and investigate the disappearance of Madeleine McCann;
j) that because of Gonçalo Amaral defendant's statements in the book, the documentary and interview with the Morning Post, the authors Kate McCann and Gerald McCann they are completely destroyed, from a moral point of view, social, ethical, sentimental, family , far beyond the pain that the absence of his daughter causes them;

k) that in particular because of Gonçalo Amaral defendant's statements in the book, the documentary and interview with the Morning Post, Kate McCann author is found immersed in a serious and deep depression, which has already declared publicly "I wanted to be in a coma, to relieve pain ";
l) That the defendant Gonçalo Amaral had been in retired status of the Judicial Police from 1.6.2008;

 
m) that the criminal investigation had been reopened by the emergence of new evidence;
n) that the attention of the media and people in general had decreased with the publication Gonçalo Amaral defendant's book.
*
 
The motivation of positive and negative belief contained in autonomous decision of fact, reproduced in the minutes of the final hearing, to which reference is made.
*
 
In view of the requests made, to adjudicate essentially it depends on the answer to the following question:
 
 
I. The content of the book, documentary and interview.
II. The conflict in this case between freedom of expression and the right to good name and reputation of the authors.

III. If damages have been proven that they are for the unlawful acts with a causal relationship and, if so, what the amount for which they should be compensated.
IV. If the claims made by the authors in the appended action are appropriate to remove the effects of the committed crimes.
Matter finally ending the discussion, for analyzes of procedural conduct of the parties in the light of the premises of litigation in bad faith.

If it is concluded by the unlawfulness, matter to establish:
District of Lisbon
Lisbon - Inst.
 
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
III.
IV.
Matter finally ending the discussion, for analyzes of procedural conduct of the parties in the light of the premises of litigation in bad faith.
*
RIGHT
 I. Initiating the discussion in a logical and chronological order by book analysis, reference is immediately established that there is no question of a written informative content.

In fact, not in the book the story, stripped and simple, the facts of the investigation that ran terms for the clearance of the circumstances of the disappearance of Madeleine McCann lower on May 3, 2007, in which case no added value it would bring to partial copy of the investigation that the Attorney General's Office did distribute for Social Communication after the closure of an investigation (paragraphs 65 and 66 of proven actuality).
The book is the expression of opinion, including the account of the lessons that the person who removes the means of obtaining evidence produced in research in order to formulate a thesis, a check hypothesis of the facts.
The thesis is synthetically that there was a kidnapping of the minor, contrary to what was the initial premise of the criminal investigation and that the child's parents maintain to the present. It was rather the accidental death of children in the tourist resort of the apartment, then cover up this event by concealment of his corpse and simulation of that crime, carried out by the authors Gerald and Kate McCann.
Traversed the book's text is to research conducted by days since the news of crime, stressing its author, the purpose of each advance of the timeline, the various indications offered in the sense of that argument - among others, lack of room break-in signs and strange fingerprints users of the apartment (pp. 44 and 48), the presence of the press prompted by the group of friends of the couple (p. 48), that the key witness Jane Tanner affirming the sighting of the "pseudo-raptor" (sic) when two other players in the same place, saw nothing (p. 51), the inconsistencies of testimony and inconsistencies such evidence between

District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
other (pp. 53, 57, 59, 144), the testimony of Smith family (p. 115) and the evidence collected by the team of canine (p. 157, 162, 167).
A first conclusion is that if the book is a hypothesis verification of the facts or the opinion of the author on how the evidence collected in the investigation should be read, it is unnecessary to speak of falsehood, untrue facts, and have not, the best opinion, no place discussing the "exceptio veritatis".
The means of obtaining evidence and the evidence referred to in the book are those of the criminal investigation and the results demonstrated that purpose that the facts that he is concerned (as well as those referred to in the documentary and interview) when relating to criminal investigation, They are mostly events that took place or documented in the survey (No. 80 proved the matter).

 
 
 
District of Lisbon
Lisbon - Inst.
 
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
 
 
 
It is argued, therefore, in action, in our view, the right of opinion of the defendant in that context.
 
1. The minor Madeleine McCann died in apartment 5a of the Ocean Club, in Vila da Luz on the night of May 3, 2007;
 2. There has been a kidnapping simulation;

3. Kate Healy and Gerald McCann are suspected of involvement in hiding the corpse of his daughter;
 4. Death may have befallen a result of a tragic accident.
5.Existem evidence of negligence in the guard and safety of children "(# 24, emphasis added).
The interview given by Gonçalo Amaral accused the newspaper "Correio da Manhã" and was taken to the edition of July 24, 2008 is a way to advertise the book and hence the thesis in the same expended. Here the defendant reaffirms that thesis in so many propositions as many questions put to him: 1 "the girl died in the apartment"; 3. there is evidence of crime simulation;
The film develops that opinion more appealing way, as befits the audiovisual support, giving it an appearance of police reconstruction of the facts.
District of Lisbon
Lisbon - Inst.
 
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
It is the defendant Gonçalo Amaral says that while narrator at the beginning of the program: "(...) In the next 50 minutes I will prove that the child was not abducted and who died in the holiday apartment in Praia da Luz" (No. 41, emphasis added).
In the documentary, this thesis is clearly stated as a contravention of abduction hypothesis, as the real alternative to this and shelve the investigation for lack of evidence. A death that many people want to cover up ", ending the defendant to conclude" I am sure of this fact [the Madeleine McCann died in the apartment] will one day be found. The research was brutally interrupted and there was a political archiving and precipitate.
 
That, it appears, meaning that the average reader gives the title "Maddie Truth of the Lie", with the "truth" the thesis of the book and a "lie" the version of the abduction.
 
This theory of the facts comes from own research, is shaped in the Chief Inspector Tavares de Almeida's report (No. 9), it was a line pursued by the investigation (paragraphs 10 and 11) provides for the establishment of the authors Gerald and Kate McCann as suspects and It was placed within the reach of Social Communication, and soon the general public through the provision of inquiry copy (paragraphs 65 and 66).
 
There are one aspect that stands out in this comparison and it is the particular relationship between the defendant Gonçalo Amaral and research.
District of Lisbon
Lisbon - Inst.
 
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
The defendant is not referred to the investigation as a mere commentator "fait divers" criminal, a writer of police intrigues or a criminologist.
II. In the action of the heart is one practical situation of conflict between the rights to the good name and reputation of the authors Gerald and Kate McCann (crossed by the presumption of innocence that never failed to qualify) and freedom of expression of the accused Gonçalo Amaral, the concrete shed the right to view watching him.
 
 
The harmonization criteria of the various rights enshrined results of its artº 29, paragraph 2, to stipulate that "the exercise of these rights and the enjoyment of these freedoms, everyone shall be subject only to such limitations as are determined by law solely to promote the recognition and respect the rights and freedoms of others and to meet the just requirements of morality, public order and the general welfare in a democratic society. "
Also the European Convention for the Protection of Human Rights and Fundamental Freedoms follows the tutelage of both rights.
This Article shall not prevent
District of Lisbon
Lisbon - Inst.
 
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
States from requiring broadcasters of television or cinema to a system of prior authorization. "
 
The same Convention establishes in paragraph 2 of its article 6 of the cornerstones of companies governed by the principles of democratic rule of law, stating that "Any person charged with an offense is presumed innocent until his guilt has not been legally proven."
 
The Portuguese Constitution protects the rights at issue in the chapter on rights, freedoms and guarantees, which is part of fundamental rights.
 
However, at the same fundamental law and equal dignity, if trust, in article 37, freedom of expression, preceituando its paragraph 1 that "everyone has the right to freely express and disseminate his thoughts by words, images or by any other means, as well as the right to inform, to inform and be informed without hindrance or discrimination. "
 
District of Lisbon
Lisbon - Inst.
 
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
right of reply and rectification and the right to compensation for damages. "
 
 
It should be noted that the Constitution itself provides the criteria to resolve the possible conflict between fundamental rights by establishing in article 18, paragraph 2 that the legal restrictions on these rights must "(...) be limited to what is necessary to safeguard other rights or constitutionally protected interests. "
 
 
 
 
District of Lisbon
Lisbon - Inst.
 
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
where is taken (loss of good name) in the social environment in which he lives or carries on business (...) "[CC noted, Vol. I, Coimbra Editora, p. 486, emphasis added].
The Civil Code also contains a provision on rights conflict, pointing paragraphs 1 and 2 of article 335 two fundamental rules in this regard, namely:
"1. Having collision equal rights and the same species, should give holders to the extent necessary for everyone also produce its effect without further detriment to any of them.
2. If the rights are unequal or different species prevails that should be considered superior. "
This being the general outline of the law applicable to the decision to put the action question depends on knowing how the Superior Courts fall and solve the conflict of rights in question, starting with the European Court of Human Rights, whose case law is particularly laborious and interesting this matter.
 
Well unlike the European Court of Human Rights case law does prevail freedom of speech and press, admitting strict restrictions on them, especially when it is concerned the discussion of matters of public interest.
(Ii) the limitations to freedom of expression must be prescribed by law, pursue a legitimate aim and be necessary in a democratic society;
District of Lisbon
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Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
opposed to judgments on one of these opponents and what is critical of what constitutes insult and (vi) the press has a duty to impart information and ideas on matters of public interest and in doing so is allowed to use a certain amount exaggeration, even provocation [cfr., among many others, the Smolorz Processes c. Luxembourg and Palomo Sanchez and Others v. Judge Rijo Ferreira, available in www.dgsi.pt].
 
In this regard, we read in the Judgment of February 7, 2008 "[The] ECHR position, it seems result a levy in thinking. There is no justification to think, at the outset, on whether a journalistic piece offends someone. It should rather start from the freedom enjoyed or the respective owners. Only then one should ask whether it is justified - attentive finished referential criteria mentioned, with the inclusion of a margin for own appreciation of the internal organs of each of the Convention's signatory states - the restrictive interference in the field of the same freedom and consequent trip to legal sanctions.
 
It should also refer to the content of the right to honor and the qualities or attributes that welcomes.
Reads the Judgment of the Supreme Court of May 27, 2008, quoted above: "The honor of the person translates therefore the positive value that itself infers the core of your being, that is, the moral substrate and ethics of its existence, while the social consideration, the good name and reputation are reflected in the judgment by others about each. Correspondingly, the right to good name and reputation is essentially in the person not be offended or injured in his honor,
District of Lisbon
Lisbon - Inst.
 
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
dignity or social consideration by imputation of others and to defend itself against this offense and to obtain redress "[ditto].
In a broad sense, also includes the good name and reputation, while syntheses of social appreciation for determining qualities of uniqueness of each individual in intellectual moral plane, sexual, family, professional or political "[The Personality General Law, 1995, p.
It is based on individual awareness of self-worth: a self-recognition and self-assessment ". According to the same author, "the law protects, however, not only that personal feeling of self-worth, which can call up the internal honor, but above the projection in the social consciousness of all the personal values ​​of each individual, which You can call external honor: the qualities necessary for a person to be respected in a social environment, including good name and reputation, social consideration "[Ob. Cit.
The protection of rights of authors to their good name and reputation is in the case, closely related to the presumption of innocence.
The authors Gerald and Kate McCann were made defendants in the criminal investigation, having a status that their rights of guarantee function (though thus not be interpreted by the general public) ceased with the closure of the investigation and the corresponding order completed: No achieved any evidence enabling a middle man, according to the criteria of logic, normality and the general rules of experience, make any lucid, sensible, serious and honest conclusion about the circumstances which saw the removal of the child apartment, or stating, even, consistent prognosis and including - the most dramatic - where is still alive or are dead, as seems more likely. (...) Thus, all seen, analyzed and duly considered, in view of what is left exposed is determined: (...) the
District of Lisbon
Lisbon - Inst.
 
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
 
filing of notices as defendants Gerald Patrick McCann and Kate Marie Healy, for there is no evidence of them having committed any crime "(No. 15).
The European Court of Human Rights case law the principle of presumption of innocence imposes a standard of conduct for all agents, officers and magistrates involved in the administration of criminal justice.
It not only prohibits the premature expression by the tribunal itself of the opinion the person "charged with a criminal offense" is guilty before he has proved so goods According to the law, but Also covers statements made by other public officals about pending criminal investigations Which Encourage the public to believe the suspect guilty and prejudge an assessment of the facts by the court Competent authority "[HUDOC, emphasis added].
In Case Allen co UK the court emphasized the importance of the presumption after acquittal or the filing of criminal investigation, explaining that this principle prevents suspects or defendants in such circumstances be treated as if they were in fact responsible for the criminal offenses of which they were accused and stressing that without this second level of protection - the level of full respect for acquittal or archiving - the presumption of innocence is quedará illusory or merely ideal.
Similarly, the presumption of innocence requires that the absence of guilt emanating from it is respected, after the acquittal or archiving in all judicial proceedings of any nature and by any authority coming into contact with these facts [idem Allen c .
In the case, Kate and Gerald McCann authors never ceased to benefit from presumption of innocence and the imperative of behavior that it puts on the national enforcement and judicial authorities and all its employees and agents.
 
District of Lisbon
Lisbon - Inst.
 
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
 
On July 1, 2008 was retired from the Judicial Police, having the book "Maddie - The Truth of the Lie" was released the next day 24 and sold by editing the same day the newspaper "Correio da Manhã", this edition which was published the interview also versed in this action (paragraphs 13, 25, 26 and 48).
 
"The Judicial Police is an upper body criminal police assist the administration of justice, organized hierarchically depending on the Minister of Justice and supervised under the law" [article 1 of the Organic Law of the Judicial Police, approved by Decree-Law No. 275- A / 2000 of November 9, as amended by Decree-Law No. 235/2005, of 30 December, then in force].
The criminal investigation coordinators are criminal police authorities for the purposes of criminal procedural law [article 11 paragraph g) of the same Act].
Under the Disciplinary Regulations of the Judicial Police the duty of confidentiality is one of the general duties of members of the Judicial Police [paragraph e) of article 5 of the Regulation approved by Decree-Law No. 196/94, of 21 July].
Alongside this general duty of confidentiality, the Organic Act requires the service employees in Criminal Police a duty of reserve, preceituando that "(...) can not make public disclosures related to lawsuits or reserved nature of the subject other than what is regulated by this law on public information and preventive actions among the population and also the provisions of the criminal procedure law "[paragraph 2 of article 12].
 
It is a duty that is essential to the preservation of public confidence in the institutions of administration of justice. The reserve duty protects the purposes of criminal action, but also the physical, moral, freedom and the dignity of the target for the same.
District of Lisbon
Lisbon - Inst.
 
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
 
The criminal investigation officers retired for several reason for the disciplinary penalty application retain special rights, and holders of an ID card for recognition of its quality and rights enjoyed [paragraphs 1 and and 2 of article 149 of the Organic Law of the Judicial Police and Ordinance No. 96/2002 of 31 January].
The Statute of the Retirement [approved by Decree-Law 498/72 of 9 December] establishes, from its original wording, the respective artº 74, paragraph 1, "the retired, and holder of the right to a retirement pension, remains bound to the civil service, keeping the titles and the category of the position he held and the rights and duties that do not depend on active employment ".
Reportedly the Opinion of the Attorney General's Advisory Council of the Republic of February 16, 2006 (Esteves Medicine, in www.ministeriopublico.pt): "The legal relationship of retirement is, in the comparison with the legal public employment relationship, a relationship less intense where there is a blurring of the ties between the retired and the Administration, translated in the reduction of rights and duties. It is still a "bond to the civil service", which materializes in conserving the titles and the category of the position held and the rights and duties that are not dependent on activity status "(emphasis added). It was concluded in the same opinion - "Retired remains subject to private conduct of duties, including abstention translated into practice integrators facts of crimes that have a relevant connection with the functions previously carried out and thus affect the actual way the operation of severe or service in order to dignity and the prestige of the role or the Administration "(idem). Bearing in mind that legal mosaic, how to solve the conflict in this case between the rights of authors Gerald and Kate McCann to his good name and reputation and the defendant's right Gonçalo Amaral to your opinion as an emanation of freedom of expression watching you?
It appears that the conflict should be solved with the fact data that are present from the outset and that reveal the special condition of the accused face criminal investigation, this condition, which capitalizes himself in the book, the interview and documentary.
Coordinated the investigation of Madeleine McCann's disappearance on 3 May 2007. In the next 50 minutes I will prove that the child was not kidnapped (...) "(No. 41).
District of Lisbon
Lisbon - Inst.
 
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
 
In the book it conveys that the survey truth is merely formal, while the author (that would meet at the end of the line of inquiry that has been continued until the removal of that) is the material truth - "This book still has a purpose greater.
There is no doubt that is the proper defendant who calls its former coordinator condition of criminal investigation and it is through this statute book, the interview and the documentary are distinguished - by qualifying - the opinion of television commentators, writers or other theme glossators.
But at least in our view, can not but be the same status to mark the limits of the freedom of the defendant's expression when compared to those others.
 
This freedom was conditioned by her functions, it has functions that you imposed special duties that cross the retirement of the statute, including the duty reserve.
 
 
 
 
III. Arrived here, we should go the other requirements of the obligation to pay compensation provided for in article 483º, paragraph 1, of the Civil Code, determining, first,
District of Lisbon
Lisbon - Inst.
 
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
 
 
 
 
None of the other authors suffered, in our opinion, any direct damage to such facts.
Thus, there is no evidence that the same facts had contributed to hinder in any way, the course of the investigation into the disappearance of Madeleine McCann minor [paragraph i) of factuality unproven].
The authors Sean and Amelie had no contact with these events (No 84) and at the potential of this happens reflexively suffer depending on the offense committed in the sphere of their parents. The national civil protection law does not, in principle, reflects damage (the judgment of Standardization of Jurisprudence of 16 January 2014, drawn up in case 6430 / 07.0TBBRG.S1 clearly demonstrates the exceptional nature of such protection).
There will therefore be proven to compensate the damage done within the parameters of paragraph 4 of article 496º of the Civil Code, those who are harmed by the defendant's conduct - the authors Gerald and Kate McCann.
The criterion to be followed in determining the "quantum" of the compensation is equity, should be considered the degree of Lesante's fault, the seriousness of the offense and, because particularly relevant in this case, the value of benefits earned by one with the offense.
The offense committed to the good name of the injured had very wide dissemination (paragraphs 27, 28, 30 and 47), having been the subject of intense media coverage both in Portugal and in the UK.
District of Lisbon
Lisbon - Inst.
 
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
 
 
In light of these vectors, it is deemed appropriate and proportionate compensation petitioned by those authors, which is Euro 250,000.00 (two hundred and fifty thousand euros) for each, to be added under paragraph 3 of article 805º code Civil, default interest at the statutory rate of civil interest, from the date of Gonçalo Amaral defendant's quote for action (January 5, 2010 -. fl ​​151) until full payment.
 
Civil law protects the future damage "since predictable", which, if they are not immediately ascertainable, will be settled at a later decision (article 564º, paragraph 2 of the Civil Code). The foundation of this part of the application is not made up of predictable future damage (for which nothing has been proven) but merely hypothetical or potential damages, which can not succeed.
There is no question in action the application of the press law.
Nevertheless, paragraph 2 of article 70 of the Civil Code provides that regardless of liability that may arise, the court may order, on offense situations of personality, "appropriate action to the circumstances" in particular in order to "mitigate the effects of the offense has been committed."
The measure at issue, though suitable in theory, is not, as it appears necessary in this case.
The authors have watched them a professional structure of communication and media that makes redundant any such measure (paragraphs 67, 68, 68, 70, 71 and 77).
District of Lisbon
Lisbon - Inst.
 
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
Comes even petitioned the payment by the defendant Goncalo Amaral, the fees of Trustees of the authors (paragraph 6 of petitionary).
Outside this regime only two legal cases include the desired payment: a litigation in bad faith, without application obviously in support of application in question and the pre-existing bargaining agreement containing an obligation (as it happens, eg in contract loan to finance the purchase of housing).
Since neither of the two hypotheses is true, the petitioned this part will have to be dismissed.
So in concluding summary, the action brought by the authors Kate, Gerald, Madeleine, Sean and Amelie McCann against the defendant Goncalo Amaral partially carry the requests of the first two plaintiffs and improcederão as a whole, the requests of others.
IV.
The three mentioned defendants were formed as illegal vehicles made by the defendant Goncalo Amaral for what they are taxable persons of measures under that standard should be sorted according to criteria of adequacy and proportionality, to mitigate the effects of this offense.
 
a) prohibiting the sale and the order of collection of books for delivery to the authors, congregate these attributes and should be ordered, not fulfilling this office, which is merely declarative, appoint any trustee. This prohibition and order must Addressing the defendants Gonçalo Amaral and War & Peace, Editor, SA
 
District of Lisbon
Lisbon - Inst.
 
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
the Presselivre, Free Press, SA - paragraphs 39, 52 and 56) and was also proven that the documentary was only played for DVD once and was distributed for sale 75,000 copies, of which 63,369, not sold, were destroyed (paragraphs 57 , 53 and 54);
b) The prohibition on implementation of new editions of the book or DVD, as well as transfer of editing and copyright is adequate and should be directed against the defendant Goncalo Amaral, the War & Peace defendant and the VC Movies're being in the face of the first, the owner of the book audiovisual adaptation rights (paragraphs 35 and 36).
 
c) The prohibitions required under paragraphs d), e) and f) of the attached petitionary action beyond the scope of this action and are disproportionate.
d) the desired condemnation in the judgment of the publication of the above considerations apply, for the same application, for which it relies.
e) The mandatory sanction is appropriate, but it should be fixed in accordance with paragraph 1 of article 829º-A of the Civil Code, only for non-fungible fact benefits, considering the proportional amount of Euro 50,000.00 ( fifty thousand euros) for each offense this command (paragraph 2 of article 829º-A of the Civil Code).
f) A request for payment of fees discussed above, dismissing new considerations.
 
V. In the current version of the Code of Civil Procedure remains untouched the scope of bad-faith, also covering the gross negligence litigation [artº 456th, # 2 of the Code of Civil Procedure].
District of Lisbon
Lisbon - Inst.
 
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
Examples of gross negligence, for that purpose, reckless or bold deal (the part, though convinced of his reason, incurs gross error, filing a suit action or defense with disregard for serious reasons of fact or law which compromised his claim); the demand on a whim, with emulation spirit or gross error; the wanton or reckless deal; the serious lack of duty of care; the claim or defense clearly unviable, which constitute the abuse of the right of action;
 
a) deducting claim or opposition whose unfounded in fact or in law, the party should not ignore, that is, the party must consider the reasonableness of the claim, avoid it if there are serious grounds for it;
b) change the truth of the facts or omission of facts relevant to the decision in the case, eg, part of the lie, accident version show that the party knew to be false;
c) a serious omission of the duty to cooperate;
d) clearly reprehensible exploitation of the process or of the legal remedies in order to prevent the discovery of truth, obstruct the course of justice or delay, without serious grounds, the final and unappealable decision.
Bad faith of the party who litigates claims, but does not prove, a version that is contradictory submitted by the counterparty if proving, however, that this includes facts that the first personally knew [cfr. Judgment of the Supreme Court of 7.10.2004, Laura Leonardo, accessible www.dgsi.pt].
 
 
It is therefore bad-faith deny essential facts that necessarily has to be personal knowledge [cfr. Judgment of Supreme Court of 20.9.2007, Maria Pizarro Beauty, accessible on the same website].
In the assessment of fácticos assumptions for the conviction of a party as bad faith litigant, the judge can only take into account their conduct inter process, but no longer their behavior before the action was entered into judgment [cfr.
Considering the premises of bad-faith and beyond what resulted from incidental condemn the accused Gonçalo Amaral in the order of May 20, 2014 (pgs. 2024-2026), there is nothing to reproach in this seat.
District of Lisbon
Lisbon - Inst.
 
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
 
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DECISION
 
 Given the above, on balance of fact and law, decide to:
I. Judging remedied the representation of irregularity MADELEINE McCann BETH author in accordance with article 29, paragraph 1 of the Code of Civil Procedure and, therefore, dismiss the objection raised by the defendant GONÇALO AMARAL.
II. Declared partly the claims made in the main action by the authors KATE MARIE PATRICK HEALY McCann and Gerald McCann against the defendant GONÇALO AMARAL, and to that extent, the second sentence to pay each of the first indemnity the amount of Euro 250,000.00 (two hundred and fifty thousand euros) plus default interest at the statutory rate of interest civilians, since January 5, 2010 until full payment.
 
III. Dismiss the other requests made in the same action, the authors KATE MARIE PATRICK HEALY McCann and Gerald McCann against the defendant GONÇALO AMARAL and the same acquit the defendant.
IV. Fully judge rejected the requests made, in the same action, the authors MADELEINE BETH McCann, Sean Michael McCann and McCann AMELIE EVE against the defendant GONÇALO AMARAL and the same acquit the defendant.
V. Judge partially the claims valid in the attached action, the authors KATE MARIE PATRICK HEALY McCann and Gerald McCann against the defendants GONÇALO AMARAL, WAR & PEACE, EDITORS, SA and VC - OAK-FILM VALENTINE, AUDIOVISUAL, SA, and to that extent:
 
 
 
a) prohibit the defendants Gonçalo Amaral and War and Peace, Editor, SA the sale of the book "Maddie - The Truth of the Lie" and condemn them in the collection, for delivery to the authors, within sixty (60) days after the transit trial, copies of this book that still remain in bookstores, other retail outlets, warehouses and warehouses.
 
b) prohibit the defendants Gonçalo Amaral and War and Peace, Editor, SA execution of new editions of the same book.

 of Lisbon
Lisbon - Inst.
 
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
 
c) prohibit the defendant VC - Oak-Movies Valentine, Audiovisual, SA execution of new editions of the DVD "Maddie, The Truth of the Lie".
d) prohibit the defendants Gonçalo Amaral, War and Peace, Editor, SA and VC - Oak-Movies Valentine, Audiovisual, SA, respectively, of the transfer, onerous or free, any form of copyright and book publishing and DVD.
e) To condemn each of these defendants, the penalty payment of EUR 50,000.00 (fifty thousand euros) for each offense of the above prohibitions.
 VI. Judge over the rest of unfounded the claims made in the action attached by the authors KATE MARIE PATRICK HEALY McCann and Gerald McCann against the defendants GONÇALO AMARAL, WAR & PEACE, EDITORS, SA and VC - OAK-FILM VALENTINE, AUDIOVISUAL, SA and same acquit the defendants.
VII. Judging fully rejected the claims made in the attached action against TVI defendant - INDEPENDENT TELEVISION, SA, the same acquitting the defendant.VI.

VIII. Judging fully rejected the claims made in the attached action by the authors MADELEINE BETH McCann, Sean Michael McCann and McCann AMELIE EVE.
IX. Judging unchecked (subject to incidental sentence imposed in the order of 20 May 2014) the litigation in bad faith of either party.
X. condemn the authors KATE HEALY MARIE McCann, GERALD PATRICK McCann, MADEILENE BETH McCann, Sean Michael McCann and McCann AMELIE EVE and the defendant GONÇALO AMARAL the expense of the main action in the proportion of 58.30% for the former and 41.70% for the second, in accordance with paragraph 1 of article 527 of the Civil Procedure Code.
XI. Condemn the perpetrators KATE HEALY MARIE McCann, GERALD PATRICK McCann, MADEILENE BETH McCann, Sean Michael McCann and McCann AMELIE EVE and defendants GONÇALO AMARAL, WAR & PEACE, EDITORS, SA and VC - OAK-FILM VALENTINE,
District of Lisbon
Lisbon - Inst.
 
Phone: 213846400 Fax: 213874221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
AUDIOVISUAL, SA in action the expense attached at the rate of 50%, in accordance with paragraph 1 of article 527 of the Civil Procedure Code.
Notify.
Sign.
 
Almada, April 27, 2015
(processed by computer and reviewed by signatory)
(from 29 March to 9 April - Easter legal holidays)

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