The Complete Mystery of Madeleine McCann™
Hi,

A very warm welcome to The Complete Mystery of Madeleine McCann™ forum.

Please log in, or register to view all the forums, then settle in and start chatting with us!

Enjoy your day,

Jill Havern
Forum owner

McCanns v Amaral Libel Trial scheduled to begin Thursday 12 September

Page 1 of 3 1, 2, 3  Next

View previous topic View next topic Go down

McCanns v Amaral Libel Trial scheduled to begin Thursday 12 September

Post by sharonl on 10.09.13 10:43

According to the latest information I have, the Lisbon Civil Court has listed the final trial of this long-running action on the following days:

Thursday 12th September
Friday 13th September
Thursday 19th September
Friday 20th September
and Friday 27th September.


(more or less as revealed by journalist Jerry Lawton on Twitter on 28 August, when he wrote: Jerry Lawton‏@JerryLawton - 1h - Madeleine McCann's parents' libel case against Goncalo Amaral due to take place in Lisbon on September 12/13 & 19/20, court says #McCann. Duarte Levy confirmed this shortly afterwards in an article in Diara de Noticas.

Unless anyone has heard different?

It will be 4 years and 2 months since the libel action started.

It will be 5 years and 2 months since the offending book, The Truth of the Lie, was first published, and four years or more since it was translated into about 10 European languages and sold a million or more copies.

Hearing dates have come and gone several times before for one reason or another.

Some are even saying that part or all of this case could be heard in private.

There is little mention of it in the media.

Do we know if any of our Portuguese friends are covering the trial? - I assume that at least the Portuguese press will be covering it?

It is GONCALO AMARAL DAY again on Wednesday 2 October, also his birthday. Let us hope that he has much to celebrate that day.


REMINDER: Goncalo Amaral message to the McCannFiles site, 22 April 2008:


Message to readers of this site, from Gonçalo Amaral - 22 April 2008

As you can understand, I can't do any comment about the investigation on the "McCann Case"... I have omitted the next part, in the interests of privacy and it did not in any way compromise the judicial secrecy laws].

Looking towards my freedom of speech, I asked for my retirement last month. All the insults, false accusations and lies from the past year are now being brought to court from my lawyers (the very last one is from Daily Mail, yesterday).

I would like to say thank you to the thousands of persons that every day, for the last year, are supporting me all over the world. I would like to answer all the phone calls, emails and letters, but is not possible...there are so many! As you can imagine, most of the days are not that easy, and these messages have been a great support not only for me, but also for my family. Once again, thank you all!

You're allowed do display this message on your site, and I thank you for that. One last thing:

*** Soon, very soon the world will know the "Truth about the Lie" and "we will gain truth and justice for a little girl who has no voice", dead on the evening of May 3rd at apartment 5A, Ocean Club, Praia da Luz, Algarve, Portugal. ***

Best regards,
Gonçalo Amaral

____________________
"WE ARE ALL IN THIS TOGETHER" - Rebekah Brooks to David Cameron

sharonl


Posts : 3565
Reputation : 419
Join date : 2009-12-29

View user profile http://www.cold2012.org.uk

Back to top Go down

Re: McCanns v Amaral Libel Trial scheduled to begin Thursday 12 September

Post by margaret on 10.09.13 10:57

Not that l think he needs it but.... Good luck Mr.Amaral !

margaret

Posts : 585
Reputation : 0
Join date : 2010-09-24

View user profile

Back to top Go down

Re: McCanns v Amaral Libel Trial scheduled to begin Thursday 12 September

Post by Montclair on 10.09.13 11:00

The trial will probably be held behind closed doors.

Montclair

Posts : 156
Reputation : 1
Join date : 2013-01-26
Age : 70
Location : Algarve

View user profile

Back to top Go down

Re: McCanns v Amaral Libel Trial scheduled to begin Thursday 12 September

Post by Tony Bennett on 10.09.13 11:09

@Montclair wrote:The trial will probably be held behind closed doors.
If that is true (I hope not), has the European Commission on Human Rights and the European Court of Human Rights been informed?

Article 6(1) of the European Convention on Human Rights states:

6(1). In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

True, there are these specified exceptions:

"...in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice".

But do any of those really apply in this case?

____________________

                            "Maddie's Jammies. Where is Maddie?" - Amelie, May 2007 -  "Maddie's Jammies. Where is Maddie?"


Tony Bennett
Researcher/Moderator

Posts : 13966
Reputation : 2141
Join date : 2009-11-25
Age : 69
Location : Harlow, Essex

View user profile

Back to top Go down

Re: McCanns v Amaral Libel Trial scheduled to begin Thursday 12 September

Post by Woofer on 10.09.13 11:36

Yes - probably "where the interests of juveniles or the protection of the private life of the parties so require, or the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice".


Woofer

Posts : 3390
Reputation : 12
Join date : 2012-02-06

View user profile

Back to top Go down

Re: McCanns v Amaral Libel Trial scheduled to begin Thursday 12 September

Post by Tony Bennett on 10.09.13 11:44

@Woofer wrote:Yes - probably "where the interests of juveniles or the protection of the private life of the parties so require, or the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice".
But the other hearings have all been in public - Lisbon Higher Court, Jan 2010 (Amaral lost); Court of Appeal, Oct 2010 (Amaral won); Supreme Court, March 2011 (Amaral won).

Has there ever been a case in England of a libel trial being conducted in secret?

____________________

                            "Maddie's Jammies. Where is Maddie?" - Amelie, May 2007 -  "Maddie's Jammies. Where is Maddie?"


Tony Bennett
Researcher/Moderator

Posts : 13966
Reputation : 2141
Join date : 2009-11-25
Age : 69
Location : Harlow, Essex

View user profile

Back to top Go down

Re: McCanns v Amaral Libel Trial scheduled to begin Thursday 12 September

Post by Woofer on 10.09.13 12:37

@Tony Bennett wrote:
@Woofer wrote:Yes - probably "where the interests of juveniles or the protection of the private life of the parties so require, or the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice".
But the other hearings have all been in public - Lisbon Higher Court, Jan 2010 (Amaral lost); Court of Appeal, Oct 2010 (Amaral won); Supreme Court, March 2011 (Amaral won).

Has there ever been a case in England of a libel trial being conducted in secret?
Good point but we can`t compare to any English libel cases being held in secret because this is a Portuguese case.  As argued on another thread, I don`t know whether the publicity it might attract from, probably, world press would be considered by the Portuguese justice system to prejudice the interest of justice, or even whether the UK`s justice system (SY) would put in a request that it may prejudice their own investigations. When it comes down to it, I expect it will be whatever benefits the McCanns the most.

Woofer

Posts : 3390
Reputation : 12
Join date : 2012-02-06

View user profile

Back to top Go down

Re: McCanns v Amaral Libel Trial scheduled to begin Thursday 12 September

Post by marconi on 10.09.13 12:54

@Montclair wrote:The trial will probably be held behind closed doors.
The abductor is used to hide himself behind doors.

marconi

Posts : 1082
Reputation : 2
Join date : 2013-05-20

View user profile

Back to top Go down

Re: McCanns v Amaral Libel Trial scheduled to begin Thursday 12 September

Post by Cristobell on 10.09.13 14:13

I doubt the political climate in Portugal would allow this case to be heard behind closed doors.  As a former dictatorship they are highly sensitive about secret trials, and it is very much in the public interest for this case to be heard in open court.

Cristobell

Posts : 2436
Reputation : 3
Join date : 2011-10-12

View user profile

Back to top Go down

Re: McCanns v Amaral Libel Trial scheduled to begin Thursday 12 September

Post by Tony Bennett on 10.09.13 14:16

@Cristobell wrote:I doubt the political climate in Portugal would allow this case to be heard behind closed doors.  As a former dictatorship they are highly sensitive about secret trials, and it is very much in the public interest for this case to be heard in open court.
There has been quite enough secrecy in this case already.

____________________

                            "Maddie's Jammies. Where is Maddie?" - Amelie, May 2007 -  "Maddie's Jammies. Where is Maddie?"


Tony Bennett
Researcher/Moderator

Posts : 13966
Reputation : 2141
Join date : 2009-11-25
Age : 69
Location : Harlow, Essex

View user profile

Back to top Go down

Re: McCanns v Amaral Libel Trial scheduled to begin Thursday 12 September

Post by PeterMac on 10.09.13 15:15

@sharonl wrote:According to the latest information I have, the Lisbon Civil Court has listed the final trial of this long-running action on the following days:

Thursday 12th September
Friday 13th September
Thursday 19th September
Friday 20th September
and Friday 27th September.


Unless anyone has heard different?
Confirmed from my source as well.

____________________


PeterMac
Researcher

Posts : 10170
Reputation : 143
Join date : 2010-12-06

View user profile

Back to top Go down

Re: McCanns v Amaral Libel Trial scheduled to begin Thursday 12 September

Post by Cristobell on 10.09.13 15:57

@PeterMac wrote:
@sharonl wrote:According to the latest information I have, the Lisbon Civil Court has listed the final trial of this long-running action on the following days:

Thursday 12th September
Friday 13th September
Thursday 19th September
Friday 20th September
and Friday 27th September.


Unless anyone has heard different?
Confirmed from my source as well.
Wow, 5 days, must be a lot of witnesses.

Cristobell

Posts : 2436
Reputation : 3
Join date : 2011-10-12

View user profile

Back to top Go down

Re: McCanns v Amaral Libel Trial scheduled to begin Thursday 12 September

Post by russiandoll on 10.09.13 17:01

latest from Blacksmith  :  Libel Diary  10th September 2013



http://aninspectorcallsyou.blogspot.co.uk/2013/09/libel-diary_10.html

____________________



             The great enemy of the truth is very often not the lie — deliberate,
contrived and dishonest — but the myth — persistent, persuasive and
unrealistic.
~John F. Kennedy


russiandoll

Posts : 3942
Reputation : 7
Join date : 2011-09-11

View user profile

Back to top Go down

Re: McCanns v Amaral Libel Trial scheduled to begin Thursday 12 September

Post by sharonl on 10.09.13 17:57

Duarte Levy has just posted this.

I think it may be a Google translation of the original Portuguese:


Gonçalo Amaral will be tried “for theory of inquiry”

http://duartelevy.eu/?p=6917

Sept 10, 2013 - by Duarte Levy

Maddie’s parents expect to earn 1.200.000€ with the suit

[ PHOTO: Gonçalo Amaral (pic by Paulo Henriques) ]

Gonçalo Amaral, ex-coordinator at the Portuguese Judicial Police (PJ) and formerly in charge of the inquiry of Madeleine McCann’s disappearance, will be back to Lisbon’s 1st Civil Court on the 12th of September. The head of the Criminal Investigation Department (DIC) of Portimão is accused of alleged slander by the McCann family after having stated that the English girl could be dead.

Kate and Gerry McCann, on behalf of themselves as well as of their children, ask Gonçalo Amaral for a settlement of one million and two thousand Euros – about 1,011,724.97 GBP, an astronomic amount, more usual in English courts.

A source of the ex-coordinator’s defence team confirmed the beginning of the trial but regretted that “an investigator at PJ, in this case Gonçalo Amaral, is to be tried for a theory of inquiry”.

This lawsuit, in which cautionary measures were taken to confiscate assets belonging to Gonçalo Amaral, includes the request of Kate and Gerry McCann for the protection of their rights, freedom and guarantees.

The suit, which has been postponed twice, had been suspended at the request of the English couple’s attorney so “to attempt an extra-judicial agreement” between both parties.

The trial, which will take place in at least three sessions, coincides with the authorization for new inquiries in the Maddie case, at the request of English authorities.

A strange timing since, according to a source in the Scotland Yard – London’s Metropolitan Police Services – the trial also coincides with the arrival in Portugal of agents of this police force “who will assist Portuguese authorities in the fulfilment of a letter of request which comprises 38 possible suspects and persons of interest”.

But, according to this source, “Kate and Gerry have even been advised not to be present in court in Lisbon”.

“We wish to avoid the parents’ presence that could provoke a media circus that may end up affecting the sensibility of the Portuguese authorities”, says the official.

With the approval of the request for the judicial aid of British authorities, the men sent by Commissioner Bernard Hogan-Howe wish to partake in the interrogations and inquiries mentioned in the letter of request, to be carried out by a new team at PJ (the Portuguese Judicial Police) and “which will not include any of the former PJ elements involved in the initial investigation”.

According to a source of the defence team, Gonçalo Amaral “even understands the feeling of loss that the McCann might feel, but, as an investigator, he can never relinquish any line of investigation”.

Informed of the new enquiries requested by English authorities, “Gonçalo Amaral showed himself available to provide with any information that the Scotland Yard might need regarding the 2007 inquiry in which he participated”, said the defence’s source.

The same source “even thinks it quite strange that the English investigators do not want to hear the former head of investigation” since, as they recall “the outcome of the inquiry was conveyed by the Public Prosecution Office (MP) and not by the investigator”.

In spite of the new English investigation – more than six years after the disappearance of Maddie – it is not possible to determine whether the child is alive, as intended by Commissioner Bernard-Howe, head of the inquiry at the Scotland Yard.

“But how is it possible that someone can request more than a million Euros in settlement to the head of inquiry at PJ, solely because all the data collected in the investigation – as well as the investigatory logics of alleged kidnap cases – point to the child being dead?”, asks the attorney responsible for the defence of the former Portuguese Commissioner.

Maddie disappeared on the 3rd of May of 2007 from Praia da Luz, Algarve. The English child has been under the representation of the Family Law Section of the High Court since that year – which might explain the current interest of English authorities in opening an inquiry in London.

“Amaral is systematically targeted”

Kate has written a book with the hope to raise £1million (DR).

It is not the first time that Gonçalo Amaral and the McCann face each other in Portuguese courts.

In 2010, after leaving the Portuguese Judicial Police (PJ) by his own free will, the ex coordinator was tried for having written the book “Maddie – The Truth of The Lie”.

Kate and Gerry McCann, Maddie’s parents, have since requested that the sale of the book and of the video by the same title be forbidden. Precautionary action was then taken by the McCann couple, Kate and Gerry, a measure which was taken not only on their behalf but also of that of their three children, Madeleine and the twins, Sean and Amelie.

On the 9th of September of 2009, the attorney representing the McCann in Portugal had achieved the ban on both the book and the video, which presented the theory of the involvement of Kate and Gerry McCann in the disappearance of their daughter, as well as of concealment of her body”.

The ban was confirmed on January of 2010 by Lisbon’s 7th Civil Court.

However, on the 19th of October of 2009, Lisbon’s Court of Appeal annulled the decision of the 7th Civil Court, leading the McCann’s to plead to the Supreme Court of Justice (STJ).

Only with the ruling on the 18th of March of 2011 did the STJ confirm the Appeal’s decision.

At present, regarding the suit starting on the 12th, the McCann “are confident in the victory of the attorney who represents them in Portugal, Isabel Duarte” – information confirmed by the former spokes-person of the couple, Clarence Mitchell.


Original in the Portuguese press published the September 5, 2013

____________________
"WE ARE ALL IN THIS TOGETHER" - Rebekah Brooks to David Cameron

sharonl


Posts : 3565
Reputation : 419
Join date : 2009-12-29

View user profile http://www.cold2012.org.uk

Back to top Go down

Re: McCanns v Amaral Libel Trial scheduled to begin Thursday 12 September

Post by sharonl on 10.09.13 18:13

Reminder of Goncalo Amaral's opinion column in Correio da Manhã, Opinion column 'Matéria de Facto', 12 December 2009


Two years ago, a firm of private detectives, hired by the parents of a child who mysteriously disappeared in the Algarve, announced that the end of the drama was at hand. The child was about to be found and spend Christmas with her family.

But the fervent hopes of all those who wanted a happy ending to this saga were dashed.

Today, we're looking at my opposition to an injunction that denies me rights to full freedom of expression and in the process stamped on the truth.

It is said in the injunction against me that a book written by me was to blame for the failure to date of the search for the missing child.

To speak the truth would be to question the work of various private detective firms, hired since the early days of the investigation, whose work could be summed up as 'disastrous'.

To speak the truth means me saying that at the date of the publication of the book, July 2008, these private detective companies had already been working on the case for many months.

To speak the truth would mean to say that by Christmas 2007, I was a police officer in the police service, constantly criticised and smeared by the public relations and other support staff of the parents of missing child.

To speak the truth is to make clear to the world that in order to restore to me my full of my freedom of expression, I had no alternative but to announce my retirement from the Policia Judiciara.

Because only in that way, could I properly defend myself.


____________________
"WE ARE ALL IN THIS TOGETHER" - Rebekah Brooks to David Cameron

sharonl


Posts : 3565
Reputation : 419
Join date : 2009-12-29

View user profile http://www.cold2012.org.uk

Back to top Go down

Re: McCanns v Amaral Libel Trial scheduled to begin Thursday 12 September

Post by aiyoyo on 10.09.13 18:32

The suit, which has been postponed twice, had been suspended at the request of the English couple’s attorney so “to attempt an extra-judicial agreement” between both parties.
So, it's true then.

aiyoyo

Posts : 9611
Reputation : 318
Join date : 2009-11-28

View user profile

Back to top Go down

Re: McCanns v Amaral Libel Trial scheduled to begin Thursday 12 September

Post by jeanmonroe on 10.09.13 19:08

@aiyoyo wrote:
The suit, which has been postponed twice, had been suspended at the request of the English couple’s attorney so “to attempt an extra-judicial agreement” between both parties.
So, it's true then.
so THEY tried to 'buy him of' then?

jeanmonroe

Posts : 5132
Reputation : 885
Join date : 2013-02-07

View user profile

Back to top Go down

Re: McCanns v Amaral Libel Trial scheduled to begin Thursday 12 September

Post by BerylJ on 10.09.13 19:17

@jeanmonroe wrote:
@aiyoyo wrote:
The suit, which has been postponed twice, had been suspended at the request of the English couple’s attorney so “to attempt an extra-judicial agreement” between both parties.
So, it's true then.
so THEY tried to 'buy him of' then?
Or 'pay us a fiver and we will drop it'

BerylJ

Posts : 56
Reputation : 0
Join date : 2013-07-23

View user profile

Back to top Go down

Re: McCanns v Amaral Libel Trial scheduled to begin Thursday 12 September

Post by Guest on 10.09.13 19:22

@BerylJ wrote:
@jeanmonroe wrote:
@aiyoyo wrote:
The suit, which has been postponed twice, had been suspended at the request of the English couple’s attorney so “to attempt an extra-judicial agreement” between both parties.
So, it's true then.
so THEY tried to 'buy him of' then?
Or  'pay us a fiver and we will drop it'
Likely

Guest
Guest


Back to top Go down

Re: McCanns v Amaral Libel Trial scheduled to begin Thursday 12 September

Post by BerylJ on 10.09.13 19:26

@Portia wrote:
@BerylJ wrote:
@jeanmonroe wrote:
@aiyoyo wrote:
The suit, which has been postponed twice, had been suspended at the request of the English couple’s attorney so “to attempt an extra-judicial agreement” between both parties.
So, it's true then.
so THEY tried to 'buy him of' then?
Or  'pay us a fiver and we will drop it'
Likely
Well if they'd have won it's about 4 pounds 99 pence more than would be awarded to them.

BerylJ

Posts : 56
Reputation : 0
Join date : 2013-07-23

View user profile

Back to top Go down

Re: McCanns v Amaral Libel Trial scheduled to begin Thursday 12 September

Post by jeanmonroe on 10.09.13 19:53

Can GA state in court IF the McCanns made him an offer of money for him not to proceed with the 'trial?

jeanmonroe

Posts : 5132
Reputation : 885
Join date : 2013-02-07

View user profile

Back to top Go down

Re: McCanns v Amaral Libel Trial scheduled to begin Thursday 12 September

Post by Guest on 10.09.13 20:30

I'm curious to hear whether he has presented them with a counter-claim stating they destroyed his reputation, marriage, career and health, aside from causing untold financial damage, just for the heck of it, stating blithely: "I want him to feel fear".

Guest
Guest


Back to top Go down

Re: McCanns v Amaral Libel Trial scheduled to begin Thursday 12 September

Post by kitkat on 10.09.13 22:10

@Portia wrote:
@BerylJ wrote:
@jeanmonroe wrote:
@aiyoyo wrote:
The suit, which has been postponed twice, had been suspended at the request of the English couple’s attorney so “to attempt an extra-judicial agreement” between both parties.
So, it's true then.
so THEY tried to 'buy him of' then?
Or  'pay us a fiver and we will drop it'
Likely
I think it is odd that this case is going to trial just as we are awaiting some kind of breakthrough in the case....  My personal take is that if any arrests are planned - they will come within the next couple of weeks - because if they do - from a PR/strategy perspective in the middle of a media storm - GA would be left "carrying the can" and any Portuguese embarrassment regarding the original investigation would be placed squarely on his shoulders.  I could  be wrong - but I do hope thats the case...

kitkat

Posts : 4
Reputation : 0
Join date : 2013-06-22

View user profile

Back to top Go down

Re: McCanns v Amaral Libel Trial scheduled to begin Thursday 12 September

Post by GRACEFUL1 on 10.09.13 22:27

@kitkat wrote:
@Portia wrote:
@BerylJ wrote:
@jeanmonroe wrote:
@aiyoyo wrote:
The suit, which has been postponed twice, had been suspended at the request of the English couple’s attorney so “to attempt an extra-judicial agreement” between both parties.
So, it's true then.
so THEY tried to 'buy him of' then?
Or  'pay us a fiver and we will drop it'
Likely
I think it is odd that this case is going to trial just as we are awaiting some kind of breakthrough in the case....  My personal take is that if any arrests are planned - they will come within the next couple of weeks - because if they do - from a PR/strategy perspective in the middle of a media storm - GA would be left "carrying the can" and any Portuguese embarrassment regarding the original investigation would be placed squarely on his shoulders.  I could  be wrong - but I do hope thats the case...
Could you please explain - why you hope that's the case?

GRACEFUL1

Posts : 127
Reputation : 0
Join date : 2013-01-29
Location : U.K.

View user profile

Back to top Go down

Re: McCanns v Amaral Libel Trial scheduled to begin Thursday 12 September

Post by kitkat on 10.09.13 22:49

@GRACEFUL1 wrote:
@kitkat wrote:
@Portia wrote:
@BerylJ wrote:
@jeanmonroe wrote:
@aiyoyo wrote:
The suit, which has been postponed twice, had been suspended at the request of the English couple’s attorney so “to attempt an extra-judicial agreement” between both parties.
So, it's true then.
so THEY tried to 'buy him of' then?
Or  'pay us a fiver and we will drop it'
Likely
I think it is odd that this case is going to trial just as we are awaiting some kind of breakthrough in the case....  My personal take is that if any arrests are planned - they will come within the next couple of weeks - because if they do - from a PR/strategy perspective in the middle of a media storm - GA would be left "carrying the can" and any Portuguese embarrassment regarding the original investigation would be placed squarely on his shoulders.  I could  be wrong - but I do hope thats the case...
Could you please explain - why you hope that's the case?
Because it could indicate that something very big is on the horizon as far as the PJ and SY are concerned.pray2

kitkat

Posts : 4
Reputation : 0
Join date : 2013-06-22

View user profile

Back to top Go down

Page 1 of 3 1, 2, 3  Next

View previous topic View next topic Back to top


 
Permissions in this forum:
You cannot reply to topics in this forum