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**TRIAL/HEARING** McCann v Amaral starts Mon 9th Sep 2013 - says Daily Star in press report 26/8/13

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Re: **TRIAL/HEARING** McCann v Amaral starts Mon 9th Sep 2013 - says Daily Star in press report 26/8/13

Post by Cristobell on 31.08.13 18:00

It looks to me as though 4 days have been set aside for the libel trial.  There must be a lot of witnesses.  Team McCann are keeping very quiet, are they flying out there with the rest of the Tapas group?  They turned up for the book banning trial in January 2010, and this time there is 1.2m Euros at stake.  That would be quite a boost for the Fund, although I don't think it has been earmarked for it, but I may be wrong.  Perhaps it is their swansong.

I am trying to figure out what the points of law will be.  For example, the McCanns must prove surely that Goncalo Amaral's book has harmed the search for Madeleine.  As Madeleine is still the most high profile missing child on the planet, how will that work? 

Has GA harmed their reputation?  Again, a tricky one.  Does it supercede the global headlines that the McCanns were named as suspects in their daughter's disappearance.  Unlikely, in September 2007 the McCanns still had the world's press on their doorstep - news like that makes front pages. Goncalo Amaral's book Truth of the Lie came out over a year later, had limited coverage and has never been printed in English!  

I believe they are also claiming psychological damage. Depression, etc. Err, they had their 4 year old daughter stolen, what can be worse than that?  In any event, if they are suffering it is hard to see it.  Kate has run a marathon and Gerry has just done a triathlon.  If I were them I would be pretty damn depressed about all the legal costs I was running up.  Every letter, every phone call, every Opinion, its a costly business - even Carter Ruck have to make a living.

In my humble opinion they lost any chance of winning this case when Truth of the Lie, was unbanned by the Supreme Court, why they are going ahead with this, I really cannot understand.  

The worst case scenario now, as far as the trial going ahead is, in my opinion, the chance that the McCanns might appeal for an adjournment while Scotland Yard carry out their investigation.  However, that is not cut and dry, as SY have given no indication as to its expected duration.  Would it really be fair on GA to delay it?  It is a Civil matter as opposed to a Criminal one, and I am not sure how one would affect the other? Perhaps Tony might know?  Also we are separate countries, Portugal does not come under British jurisdiction.  Would England delay a Civil Trial because of a criminal case in Portugal?  


As far as I can see the trial must go ahead, although the McCanns are said to have the best lawyers money can buy, it will be interesting to see what they come up with, along of course with speculating on who the witnesses might be?

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Re: **TRIAL/HEARING** McCann v Amaral starts Mon 9th Sep 2013 - says Daily Star in press report 26/8/13

Post by Penfold on 31.08.13 18:15

@Cristobell wrote:
@Jassand wrote:I noticed that the report about the upcoming trial in the Daily Star has been "amended" and the word "disgraced" before "detective" Amaral has been whooshed.  I wonder why that is.  I hope my email to the editor about biased reporting helped.
Might have!  Well done smilie
Yes,  well done Jassand!clapping1 Can't have harmed can it?

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Re: **TRIAL/HEARING** McCann v Amaral starts Mon 9th Sep 2013 - says Daily Star in press report 26/8/13

Post by jeanmonroe on 31.08.13 18:20

Christobell:
"As far as I can see the trial must go ahead, although the McCanns are said to have the best lawyers money can buy, it will be interesting to see what they come up with, along of course with speculating on who the witnesses might be?"

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That would be the best lawyers money can buy who could not, and would not, in a REAL court of law, back up their 'story' that Madeleine was 'abducted'

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Re: **TRIAL/HEARING** McCann v Amaral starts Mon 9th Sep 2013 - says Daily Star in press report 26/8/13

Post by Penfold on 31.08.13 18:51

... is there any money left for 'the best lawyers money can buy'?

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Re: **TRIAL/HEARING** McCann v Amaral starts Mon 9th Sep 2013 - says Daily Star in press report 26/8/13

Post by Cristobell on 31.08.13 18:59

@jeanmonroe wrote:Christobell:
"As far as I can see the trial must go ahead, although the McCanns are said to have the best lawyers money can buy, it will be interesting to see what they come up with, along of course with speculating on who the witnesses might be?"

_________________________________________________________________________________

That would be the best lawyers money can buy who could not, and would not, in a REAL court of law, back up their 'story' that Madeleine was 'abducted'
Hi Jean, yes, that was a major blunder! They couldn't have done much preparation if they weren't ready for that question. Imagine what they will face in Lisbon?  There are 3 respondents to this action and each will have their own barrister asking awkward questions.  

I sometimes wonder if the McCanns have a Super Injunction or a 'D' Notice (whatever that might be) in place that has restricted reporting  Surely a judicial system is built upon the principle that justice must be seen to be done, thus making a Court Room open season?

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Re: **TRIAL/HEARING** McCann v Amaral starts Mon 9th Sep 2013 - says Daily Star in press report 26/8/13

Post by PeterMac on 31.08.13 22:57

Do not hold out any hope at all that any of the T9 will attend.
The charade case will be dealt with by lawyers, just as TB's travesty was.
They will "purport" to give evidence by sworn affidavit on behalf of their clients, and will therefore be unavailable for cross examination.

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Re: **TRIAL/HEARING** McCann v Amaral starts Mon 9th Sep 2013 - says Daily Star in press report 26/8/13

Post by Montclair on 01.09.13 7:15

@Cristobell wrote:
@jeanmonroe wrote:Christobell:
"As far as I can see the trial must go ahead, although the McCanns are said to have the best lawyers money can buy, it will be interesting to see what they come up with, along of course with speculating on who the witnesses might be?"

_________________________________________________________________________________

That would be the best lawyers money can buy who could not, and would not, in a REAL court of law, back up their 'story' that Madeleine was 'abducted'
Hi Jean, yes, that was a major blunder! They couldn't have done much preparation if they weren't ready for that question. Imagine what they will face in Lisbon?  There are 3 respondents to this action and each will have their own barrister asking awkward questions.  

I sometimes wonder if the McCanns have a Super Injunction or a 'D' Notice (whatever that might be) in place that has restricted reporting  Surely a judicial system is built upon the principle that justice must be seen to be done, thus making a Court Room open season?
Super injunctions and "D" notices do not exist in Portugal and all court sessions are public (unless decided by the judge if request by one of the lawers but this almost never happens) and all decisions are published for all to see and discuss.

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Re: **TRIAL/HEARING** McCann v Amaral starts Mon 9th Sep 2013 - says Daily Star in press report 26/8/13

Post by Montclair on 01.09.13 7:16

@PeterMac wrote:Do not hold out any hope at all that any of the T9 will attend.
The charade case will be dealt with by lawyers, just as TB's travesty was.
They will "purport" to give evidence by sworn affidavit on behalf of their clients, and will therefore be unavailable for cross examination.
I believe that the evidence given by the McCanns witnesses will be done by video link as the lawyers for GA must have the opportunity for questioning.

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Re: **TRIAL/HEARING** McCann v Amaral starts Mon 9th Sep 2013 - says Daily Star in press report 26/8/13

Post by plebgate on 01.09.13 7:17

If they are not available to be cross examined, how can they expect to win this libel case?

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Re: **TRIAL/HEARING** McCann v Amaral starts Mon 9th Sep 2013 - says Daily Star in press report 26/8/13

Post by plebgate on 01.09.13 7:18

Thanks for explanation Montclair, video link. Let's hope Mr. doesn't pull off his microphoneand walk off if there is a quesiton he doesn't like.

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Re: **TRIAL/HEARING** McCann v Amaral starts Mon 9th Sep 2013 - says Daily Star in press report 26/8/13

Post by PeterMac on 01.09.13 8:59

Video link is probably the worst option for them. Speaking direct into a camera when there is no one else present without allowing your eyes to shift is notoriously difficult, and requires long practise.
You cannot re-inforce what you are saying with other body language, and every twitch, sniff, and looking away can be interpreted as shiftiness. Even if it isn't.!
Given their inability to appear honest even in face to face interviews, this is not a good strategy from their lawyers.
I wonder who allowed it, or if it will really happen.

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