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Amaral's case, begun April 2008, against McCann lawyer Marcos Correia, to be heard 9 February

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Amaral's case, begun April 2008, against McCann lawyer Marcos Correia, to be heard 9 February

Post by rainbow-fairy on 04.01.12 7:48

Joana Case: Leonor Cipriano's lawyer to be tried in February over defamation


Posted: 03 Jan 2012 02:14 PM PST
Marcos Aragão Correia, the new member to orkut's ufology community *

Lisbon, 03 Jan (Lusa) -

Leonor Cipriano's lawyer, Marcos Aragão Correia, starts to be tried on the 9th of February due to allegedly defaming Gonçalo Amaral, the Judiciary Police inspector who coordinated the investigation into the disappearance of Joana, in 2004.The hearings will take place at the Court of Faro's Second Criminal Circuit and Gonçalo Amaral demands compensation in the amount of three thousand euros from Marcos Aragão Correia, as well as from the arguido António Pedro Dores, the head of the Association Against Exclusion through Development (ACED).According to a judicial source, what lies at stake is a document dated April 8, 2008, titled "Report About Torture of Leonor Cipriano perpetrated by the Judiciary Police", which Aragão Correia wrote for ACED and which was publicised by the Association.

in: Visão, 03.01.2012

Process Number: 87/08.8JAFAR2º Criminal Court Common Process

(Singular Court) Author Public MinistryPlaintiff Gonçalo de Sousa AmaralArguido Marcos Teixeira da Fonte Aragão CorreiaArguido António Pedro de Andrade DoresJudgement or final hearing 09-02-2012 9:30in Citius

+++++++++++++++++++++++++++++++++

SEE ALSO THIS THREAD, AND THE REPORT IN CORREIO DA MANHA, BELOW - ADMIN

]http://jillhavern.forumotion.net/t4137-a-new-year-s-day-rant-from-mccanns-portuguese-lawyer-marcos-aragao-correia-why-it-s-significant

http://www.cmjornal.xl.pt/detalhe/noticias/nacional/portugal/advogado-de-leonor-cipriano-julgado-em-fevereiro-por-difamacao

Marcos Aragão Correia

Leonor Cipriano lawyer for defamation trial in February


The trial agaisnt Leonor Cipriano's lawyer, Marcos Aragão Correia, will open on February 9. The prosecution will claim that he defamed Gonçalo Amaral, Inspector of the Judicial Police (PJ) and Co-ordinator of the investigation into the disappearance of Joana Cipriano in 2004.

The hearings will be held at the Criminal Court at Faro.


Gonçalo Amaral has asked for compensation of three thousand euros [£2,500] agaisnt Marcos Aragão Correia and Pedro Antonio Dores, President of the Association Against Exclusion for Development (ACED) [A Human Rights organisation founded by Marcos Correia in 1997 - T.B.]

According to judicial sources, the key issue is a document dated 8th April, 2008, titled "Report on Torture Leonor Cipriano perpetrated by the Judicial Police," which Aragão Correia prepared for ACED and that was distributed by the association.

Goncalo Amaral who was sentenced to 18 months imprisonment, suspended for 18 months, in the trial of former detectives and inspectors of the PJ, who were accused of torturing Ms Cipriano, the mother of 8-year old Joana Cipriano.

Goncalo Amaral considered that Marcos Aragão Correia's report was "damaging to his honour and his personal and professional reputation.

On Tuesday [3 January], Sr Aragão Correia said: "Torture has been proved in final court of appeal and Goncalo Amaral was convicted on part of the charge against him, because he lied to the courts, stating that there was no torture, when he proved that he had had knowledge of this torture from the moment that it occurred. So there is no defamation in the report".

Leonor Cipriano's lawyer added that this process of defamation "is a flagrant violation of the principle of res judicata. It is now clear that the prosecutor has made and is maintaining the charge of defamation against me despite judgments which unanimously proved that Leonor Cipriano was tortured [by the detectives]" .

Aragão Correia has requested the intervention of the Attorney-General's, Pinto Monteiro, "in order to clarify the inconsistency and the total and absolute illegality of the prosecutors in this recent and horrendous accusation of defamation, which does not exist".

At the trial of former detectives agents and inspectors of the PJ in Faro in 2009, Leonel Marques, Paulo Pereira and Paulo Marques Bom Christopher were acquitted of the crime of torture, while Antonio Nunes Cardoso was sentenced to two years and three months imprisonment, suspended for two years, for filing a false report.


Gonçalo Amaral was acquitted of the crime of 'omission of denunciation'.

Subsequently, the Court of Appeal upheld the sentences imposed by Évora.

Joana was reported missing in the village of Figueira, near Portimão, on September 12, 2004. She was eight years old at the time. Her bidy was never discovered.

Leonor Cipriano and her brother, John Cipriano, were sentenced to 16 years in prison each on charges of murder and concealment of a corpse.




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Re: Amaral's case, begun April 2008, against McCann lawyer Marcos Correia, to be heard 9 February

Post by aiyoyo on 04.01.12 7:56

At last, things are looking up for him. Way to go...onward and forward.


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Re: Amaral's case, begun April 2008, against McCann lawyer Marcos Correia, to be heard 9 February

Post by rainbow-fairy on 04.01.12 8:17

@aiyoyo wrote:At last, things are looking up for him. Way to go...onward and forward.

Let's hope so aiyoyo - and not before time.

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Re: Amaral's case, begun April 2008, against McCann lawyer Marcos Correia, to be heard 9 February

Post by aiyoyo on 04.01.12 9:05

@rainbow-fairy wrote:
@aiyoyo wrote:At last, things are looking up for him. Way to go...onward and forward.

Let's hope so aiyoyo - and not before time.

Maybe this can be merged with TB's thread on same subject, just a suggestion.

Again, if you don't mind me saying, on first looking at the title : Amaral's case...doesn't attract my attention at first.
If the title were Marcos sued by the State over lies about Amaral and case to be heard etc or something like that would have caught my eyes immediately.

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Re: Amaral's case, begun April 2008, against McCann lawyer Marcos Correia, to be heard 9 February

Post by rainbow-fairy on 04.01.12 9:45

@aiyoyo wrote:
@rainbow-fairy wrote:
@aiyoyo wrote:At last, things are looking up for him. Way to go...onward and forward.

Let's hope so aiyoyo - and not before time.

Maybe this can be merged with TB's thread on same subject, just a suggestion.

Again, if you don't mind me saying, on first looking at the title : Amaral's case...doesn't attract my attention at first.
If the title were Marcos sued by the State over lies about Amaral and case to be heard etc or something like that would have caught my eyes immediately.
My original title was 'Amaral Sues Correia 9th February' but seems topic has merged with another, I think admin altered the title aiyoyo.

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Truth is artless and innocent - like the eloquence of nature, it is clothed with simplicity and easy persuasion; always open to investigation and analysis, it seeks exposure because it fears not detection.

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Re: Amaral's case, begun April 2008, against McCann lawyer Marcos Correia, to be heard 9 February

Post by Guest on 04.01.12 10:05

[quote]

McCanns Get Court Date For £1m Cop Lawsuit
ufercoffy on Sun Dec 11, 2011 3:35 pm

.SKY NEWS

Gerry and Kate McCann's £1m lawsuit against the Portuguese police officer who bungled the hunt for missing Madeleine will be heard early next year, it is understood.

The civil case against Goncalo Amaral - who was in charge of the Madeleine investigation for five months before he was thrown off the case - will take place in Lisbon on February 9 and 10, according to a source close to the couple.

The 52-year-old former detective has made a fortune selling a book and TV documentary claiming the young British girl is dead - and wrongly claiming her parents staged a cover-up.




Isn't there a bit of a clash of court dates here., with the McCanns libel trial starting on 9th February. How can Mr Amaral be in two places at once??

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Re: Amaral's case, begun April 2008, against McCann lawyer Marcos Correia, to be heard 9 February

Post by jd on 04.01.12 10:13

This is probably the intention from Correia, to try and give Amaral too much to contend with at the same time

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Re: Amaral's case, begun April 2008, against McCann lawyer Marcos Correia, to be heard 9 February

Post by rainbow-fairy on 04.01.12 10:26

@jd wrote:This is probably the intention from Correia, to try and give Amaral too much to contend with at the same time
Sneaky and objectionable he may be, but I doubt he had anything to do with the court date, jd!
Otherwise I'd agree! Wink

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Re: Amaral's case, begun April 2008, against McCann lawyer Marcos Correia, to be heard 9 February

Post by Guest on 04.01.12 12:46

Tony's one is around then also. Perhaps it is intentional, to restrict Goncalo Amaral's presence.

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Re: Amaral's case, begun April 2008, against McCann lawyer Marcos Correia, to be heard 9 February

Post by jd on 04.01.12 12:52

@rainbow-fairy wrote:
@jd wrote:This is probably the intention from Correia, to try and give Amaral too much to contend with at the same time
Sneaky and objectionable he may be, but I doubt he had anything to do with the court date, jd!
Otherwise I'd agree! Wink

Maybe but don't forget the level of powers involved in this, they can use it to their advantage unlike normal people

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Re: Amaral's case, begun April 2008, against McCann lawyer Marcos Correia, to be heard 9 February

Post by rainbow-fairy on 04.01.12 13:39

@jd wrote:
@rainbow-fairy wrote:
@jd wrote:This is probably the intention from Correia, to try and give Amaral too much to contend with at the same time
Sneaky and objectionable he may be, but I doubt he had anything to do with the court date, jd!
Otherwise I'd agree! Wink

Maybe but don't forget the level of powers involved in this, they can use it to their advantage unlike normal people
That's true, however in matters so important I'dve thought he could reasonably apply for and expect an adjournment. Hero he may be, but he can only be in one place at a time!

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"Ask the dogs, Sandra" - Gerry McCann to Sandra Felgueiras



Truth is artless and innocent - like the eloquence of nature, it is clothed with simplicity and easy persuasion; always open to investigation and analysis, it seeks exposure because it fears not detection.

NORMAN MACDONALD, Maxims and Moral Reflections.

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Re: Amaral's case, begun April 2008, against McCann lawyer Marcos Correia, to be heard 9 February

Post by jd on 04.01.12 14:03

@rainbow-fairy wrote:
@jd wrote:
@rainbow-fairy wrote:
@jd wrote:This is probably the intention from Correia, to try and give Amaral too much to contend with at the same time
Sneaky and objectionable he may be, but I doubt he had anything to do with the court date, jd!
Otherwise I'd agree! Wink

Maybe but don't forget the level of powers involved in this, they can use it to their advantage unlike normal people
That's true, however in matters so important I'dve thought he could reasonably apply for and expect an adjournment. Hero he may be, but he can only be in one place at a time!

I am sure Amaral is well versed and knows the tricks these animals were & are going to try. He'll probably only need to send his lawyer to one of them, hopefully he will attend the mccann trial and tell all that he knows

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Re: Amaral's case, begun April 2008, against McCann lawyer Marcos Correia, to be heard 9 February

Post by Cheshire Cat on 04.01.12 14:08

@rainbow-fairy wrote:
@jd wrote:
@rainbow-fairy wrote:
@jd wrote:This is probably the intention from Correia, to try and give Amaral too much to contend with at the same time
Sneaky and objectionable he may be, but I doubt he had anything to do with the court date, jd!
Otherwise I'd agree! Wink

Maybe but don't forget the level of powers involved in this, they can use it to their advantage unlike normal people
That's true, however in matters so important I'dve thought he could reasonably apply for and expect an adjournment. Hero he may be, but he can only be in one place at a time!

Reading Joanna Morais blog there does appear to be a route for Correia, via contacts with influential law people, to influence the court date (I believe that is what she is saying). Perhaps the Correia case will take precedence over the McCann / Amaral hearing and cause a delay?

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Re: Amaral's case, begun April 2008, against McCann lawyer Marcos Correia, to be heard 9 February

Post by Guest on 04.01.12 14:47

Thanks Cheshire Cat, there are some interesting replies and info at the end of Joana's blog too .........................

http://joana-morais.blogspot.com/2012/01/joana-case-leonor-ciprianos-lawyer-to.html?utm_source=BP_recent

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Re: Amaral's case, begun April 2008, against McCann lawyer Marcos Correia, to be heard 9 February

Post by jd on 05.01.12 14:54

candyfloss wrote:Thursday, 5 January 2012

Trials and Tribulations

http://thepottingshedder.blogspot.com/

"Senor Amaral is suing each arguido for €3000. A rather low sum, you may say... however we all know that taking such action in Portugal is all about writing the wrongs and not for monetary gain. Perhaps the reason that the McCanns never sued the Portuguese press, yet settled out of court with the British media for later printing the very same newspaper reports. Remind me just who the money-grubbers are..."

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Re: Amaral's case, begun April 2008, against McCann lawyer Marcos Correia, to be heard 9 February

Post by aiyoyo on 06.01.12 8:40

@Cheshire Cat wrote:
@rainbow-fairy wrote:
@jd wrote:
@rainbow-fairy wrote:
@jd wrote:This is probably the intention from Correia, to try and give Amaral too much to contend with at the same time
Sneaky and objectionable he may be, but I doubt he had anything to do with the court date, jd!
Otherwise I'd agree! Wink

Maybe but don't forget the level of powers involved in this, they can use it to their advantage unlike normal people
That's true, however in matters so important I'dve thought he could reasonably apply for and expect an adjournment. Hero he may be, but he can only be in one place at a time!

Reading Joanna Morais blog there does appear to be a route for Correia, via contacts with influential law people, to influence the court date (I believe that is what she is saying). Perhaps the Correia case will take precedence over the McCann / Amaral hearing and cause a delay?

Apparently his influential connection isnt powerful enough or he wouldn't be sued by the State.
Every filing has to come before a judge for determination as to its suitability before go to Court, and apparently Correia contacts were either not used or didnt work with the Judge.
Despite appearance I doubt ever Correia or his connection can influence court date.
The date clash is for Amaral and not Correia so why should Correia be concerned about the date.
But if Amaral were to apply for a change there is a better chance of this one been postponed.

Not all cases require the plaintiff and defendant to be present. They can be represented by lawyers as not all trial is on testifying and cross examinations basis, rather on documents submission to the judge well in advance of Court date, and a lawyer can be sent in lieu.

For example I understand the Amaral vs Mccanns libel is one of those that does not allow Amaral or Mccanns to testify or be crossed examine. The judge may require them to make statements in case of need for clarifications. Apart from that their presence is preferred but not compulsory if I am not wrong. Anyhow due to the severity of the charges and the ensuing consequences I am sure Amaral and Mccanns would want to be present just in case.

The way I see it both cases are foregone conclusions.
Amaral will win. He has to, he cant not win, because he'd already won the over turn of injunction.
If the temp injunction is ruled invalid and no counter-appeal allowed,how is ID going to argue for a permanent ban? Impossible.

As for Correia, the evidence against him must be strong for the State to take him to Court; and when the State takes you go Court, the verdict is predictable.
.




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