The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?
The Complete Mystery of Madeleine McCann™ :: Portuguese Police Investigation :: McCanns v Dr Gonçalo Amaral + ECHR
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?
Doug D wrote:Aiyoyo:
That begs the question how come there's going to be a reading in court of the "facts" in the civil trial of McCanns vs Amaral & Co, going against the norm?
I think you’ve missed the point that it’s an unknown at the moment. Anne is going to turn up, but doesn’t know whether the public will be able to get in or if it will just be pronouncements in front of the lawyers, either in the Judges Chambers or a closed Court.
Well, I get the impression it is going to be read in open Court as with previous proceedings.
If its behind closed door or in Chambers and meant for lawyers only then when the date was announced, prohibition to public members attending would have been announced too one would have thought. The Judge must have been aware public members can travel from afar to attend it. Just saying.........
But let's see........
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?
aquila wrote:That's my understanding too PeterMac. It's a form of 'summing up', which does make Blacksmith's 'cop out/hedge your bets/call to those who have any opinion' tripe all the more annoying.PeterMac wrote:Before people start lighting candles and having vigils, tomorrow is NOT the final verdict.
It is (so far as I can understand) a judicial statement of the 'facts' on which the final verdict will rely.
Sorry, forgot to add...in my opinion.
The judge summarising of the "facts" should be an indication of the side the verdict will favour I should think.
Amaral & Co has been extremely patient and calm throughout. Perhaps an indication they know they will be victorious.
Wild horses won't drag McCanns there to listen to the Judge summing up the facts.
That perhaps is also an indication they know it in their evil bones their case is doomed - doomed ever since the injunction was overturned and not appealable. They appealed nonetheless and lost. Not boding well for them at all since they were stuck between a rock and very hard place .....up shits creek without a paddle so to speak.
Let's see if Duarte will show up or send her deputy.
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?
Thanks once again to Ann Gueddes who will be there and will let us all know what happens.
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?
Just as a reminder of what today is all about, Lazz has posted up a reminder of Dr. Goncalo Amaral's message of 21st July 2014 (a whole six months ago) with credit to Nigel Moore of McCannfiles.
http://l-azzeri-lies-in-the-sun.com/Dr_Goncalo_Amaral_2.html
http://l-azzeri-lies-in-the-sun.com/Dr_Goncalo_Amaral_2.html
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?
A reminder of what is at stake, here is snip of Amaral's script.
Let us be clear. What is at stake is to find out:
- Whether the writing of my book "Maddie: A Verdade da Mentira" was a lawful or unlawful action;
- Whether or not the plaintiffs have suffered damages and whether or not there are facts to prove it;
- Whether or not it is possible to establish a causal nexus between the book and such damages.
This is what is at stake.
Concerning the book's lawfulness, I suggest to anyone who has doubts to read [color:17af=000000]the Lisbon Appellate Court's decision within the injunction that preceded the current action. The truth is that for the Appellate Court's Illustrious Judges, as can be concluded from that decision, the lawfulness of the book's publication is indisputable.
With proof of the lawfulness of the book, the matter should rest here, without the need to investigate anything further, namely concerning the damages that the plaintiffs complain about.
Nonetheless, we should note that even if the lawfulness may still be at stake, there is still the need to establish a causal nexus between the publication and the damages that the plaintiffs complain about, such as deep depression, social isolation, etc. And, of course, to prove that said damages, no matter where they originate from, really exist.
Concerning the social part, it seems obvious to me, if we pay attention to the countless social events that the plaintiffs have participated in, including speeches at the British Parliament, interviews on television shows like Oprah Winfrey's, gala dinners with illustrious personalities, namely British, among others, that said social isolation is totally false.
Concerning the depressions, although they are in no way proved within the case, in my opinion, in fact it would be very strange if they didn't exist. The disappearance of a daughter, whether she is dead or alive, whether or not she was abducted, has to originate enormous consequences of that kind. How strange would it be if that wasn't the case! But about this issue I won't say anything further, given that the plaintiffs seem to attribute to me and my book all of their pain, as if said disappearance, followed by their arguido status and other circumstances that surround the case, were of no importance, or weren't more than enough!
Seems to me the lawfulness of book is already a given after the injuction overturn.
It's an insurmountable task for them to prove book is causal nexus to social isolation and depression since they will have to prove they were socially isolated which they weren't. Also they will have to supply clinical experts certifications to support depression which clearly they did not have as Gerry still goes to his job (no sign of depression) and Kate was able to write, promote book and more (again not a sign of depression).
Alan Pike submitted some sort of reports in retrospect after he'd performed poorly at the stand, having to concede to the Judge he's not a qualified nor practising psychologist. His later conselling of them was done in private capacity on hire by Kate which precludes independence. Too personal and friendly with the McCanns so his testimony is of limited value, if any at all.
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?
Doug D wrote:
I think you’ve missed the point that it’s an unknown at the moment. Anne is going to turn up, but doesn’t know whether the public will be able to get in or if it will just be pronouncements in front of the lawyers, either in the Judges Chambers or a closed Court.
Apology, now I see what you mean.
I misunderstood because parts of the words were missing from the article upthread, but I've since seen said article on gerrymccannblog.
You are right. I stand corrected.
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?
The court will on Wednesday ( 21) to the statement of the facts that will be considered at the trial of the case against the former Inspector of Judicial Police Gonçalo Amaral by the parents of Madeleine McCann .
Kate and Gerry McCann , parents of the British 4 year old disappeared in the Algarve in May 2007 , will be absent from the session in the Palace of Justice in Lisbon, but claim compensation of EUR 1.2 million for defamation and violation of rights, freedoms and guarantees family .
Remember that this action drags in court for over five years , with successive postponements of trial sessions and an attempted extrajudicial settlement between the parties.
At issue is the book " Maddie : The Truth of the Lie ' by Gonçalo Amaral , who defends the thesis that the parents of Madeleine McCann have been involved in the disappearance and the child's corpse concealment.
http://www.lux.iol.pt/nacionais/goncalo-amaral-gerry-mccann-kate-mccann-madeleine-mccann/1576860-4996.html
Kate and Gerry McCann , parents of the British 4 year old disappeared in the Algarve in May 2007 , will be absent from the session in the Palace of Justice in Lisbon, but claim compensation of EUR 1.2 million for defamation and violation of rights, freedoms and guarantees family .
Remember that this action drags in court for over five years , with successive postponements of trial sessions and an attempted extrajudicial settlement between the parties.
At issue is the book " Maddie : The Truth of the Lie ' by Gonçalo Amaral , who defends the thesis that the parents of Madeleine McCann have been involved in the disappearance and the child's corpse concealment.
http://www.lux.iol.pt/nacionais/goncalo-amaral-gerry-mccann-kate-mccann-madeleine-mccann/1576860-4996.html
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?
Court reveals today proved matter against Gonçalo Amaral without presence of McCanns
[size=9]Today[/size]
Photography © Steven Government / File Globalimagens
Judge will proceed today to the statement of the facts that will be considered for the award of the process.Kate and Gerry McCann claim compensation of 1.2 million euros.
The court today reveals the matter proved at the trial of the case against former inspector Gonçalo Amaral by the parents of Madeleine McCann, missing British child in May 2007, which will be absent from the session in the Palace of Justice in Lisbon.
Judge Emilia Castro Melo and shall communicate the facts to be considered for the process of judgment, in which Kate and Gerry McCann claim compensation of 1.2 million euros to former Inspector of Judicial Police, for defamation and violation of rights and freedoms of the British family.
This action creeps in court for over five years, with successive postponements of trial sessions and an attempted extrajudicial settlement between the parties, which was never realized.
At issue is the book "Maddie: The Truth of the Lie", written by Gonçalo Amaral, in which the former coordinator of the Department of Criminal Investigation of Portimão Judicial Police defended the thesis that the parents of Madeleine McCann have been involved in the disappearance and in the child's corpse concealment.
Madeleine McCann disappeared after 4 years in the tourist village of Praia da Luz in the Algarve, where the family was on vacation.
http://www.dn.pt/inicio/portugal/interior.aspx?content_id=4353699
Translated with Google,
____________________
Goncalo Amaral: "Then there's the window we found Kate's finger prints.
She said she had never touched that window and the cleaning lady assured that she had cleaned it on the previous day....it doesn't add up"
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?
Could someone say what this headline means in terms of law? "Court reveals today proved matter .."?
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?
Substitute "proved" with "provided".Searcher wrote:Could someone way what this headline means in terms of law? "Court reveals today proved matter .."?
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?
AnneGuedes@aacg
@mariaccnr @sw4nvesta It was no hearing and is over. No public reading but some infos will come.
4:19 am - 21 Jan 2015
eta:
Izzy Duarte = 'no show'
GA = 'not there'.....................UNWELL.
Ima van den Hoek@parapono·21 mins21 minutes ago
#Mccann 2/2 This was the last session. The verdict will be in writing. When?
Two months from now is an optimistic guess, Amarals lawyer said
Ima van den Hoek@parapono·25 mins25 minutes ago
#mccann Isabel Duarte was not present. Gonçalo Amaral was absent as well, not being well. I understood. Verdict will be sent to parties 1/2
@mariaccnr @sw4nvesta It was no hearing and is over. No public reading but some infos will come.
4:19 am - 21 Jan 2015
eta:
Izzy Duarte = 'no show'
GA = 'not there'.....................UNWELL.
Ima van den Hoek@parapono·21 mins21 minutes ago
#Mccann 2/2 This was the last session. The verdict will be in writing. When?
Two months from now is an optimistic guess, Amarals lawyer said
Ima van den Hoek@parapono·25 mins25 minutes ago
#mccann Isabel Duarte was not present. Gonçalo Amaral was absent as well, not being well. I understood. Verdict will be sent to parties 1/2
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?
Doublepost sorry.
____________________
Goncalo Amaral: "Then there's the window we found Kate's finger prints.
She said she had never touched that window and the cleaning lady assured that she had cleaned it on the previous day....it doesn't add up"
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?
I'm confused with what's actually happened in Court today. Has the case been proved against Goncalo Amaral?
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?
I don't do twitter, so Im a bit confused here over the time and date...4:19 am - 21 Jan 2015.jeanmonroe wrote:AnneGuedes@aacg
@mariaccnr @sw4nvesta It was no hearing and is over. No public reading but some infos will come.
4:19 am - 21 Jan 2015
eta:
Izzy Duarte = 'no show'
GA = 'not there'.....................UNWELL.
Ima van den Hoek@parapono·21 mins21 minutes ago
#Mccann 2/2 This was the last session. The verdict will be in writing. When?
Two months from now is an optimistic guess, Amarals lawyer said
Ima van den Hoek@parapono·25 mins25 minutes ago
#mccann Isabel Duarte was not present. Gonçalo Amaral was absent as well, not being well. I understood. Verdict will be sent to parties 1/2
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?
Searcher wrote:Could someone say what this headline means in terms of law? "Court reveals today proved matter .."?
'Materia de prova' translates from Portuguese to English as 'matter of proof' and at today's hearing the judge established what she will retain as 'the matters that can be used as evidence within the limits fixed for this trial'.
It's my understanding that counsels for the plaintiffs and the defendants now have 10 days in which to give written submissions concerning points of law and their interpretation relevant to these evidential matters to the court, after which it is anticipated that the judge will hand down her verdict in due course.
However, should either side challenge what the judge has established today this will inevitably cause the verdict to be delayed beyond the one or two months which would seem to be is currently anticipated before Dr Amaral and his co-defendants are put out of their misery, or not as the case may be.
With regard to the Wardship, cJune 2014 the judge "decided that the final court session, which will include a statement from Gerald McCann and the presentation of closing arguments from all sides, should take place regardless of the matter of the Wardship.
After that hearing is completed, the proceedings will be suspended for 30 days. During that period, Madeleine’s parents “shall arrange for the collection and documentation in the records of the British Court’s authorization for the bringing of this action on behalf of the minor Madeleine McCann”. If they fail to do so, the defendants will be “acquitted of the proceedings concerning the requests that have been formulated on behalf of the latter”. http://www.gerrymccannsblogs.co.uk/press/86june14/pjga_01_06_2014.htm
At 'the final court session' held on 10 December 2014 which heard closing arguments from all sides the judge alluded "to the 30 days that are granted to the plaintiffs to obtain from the High Court the authorisation to legally represent, in this trial, their missing daughter. After this time, the lawyers (all requested it) will have 10 days to hand written alegações de direito (allegations concerning points of law and their interpretation) over to the court (whereas the matter of fact concerns what happened and how it happened, the matter of law comes under the conformity to law and justice)". http://www.gerrymccannsblogs.co.uk/Plaintiffs_10_12_2014.htm
I'm hoping that there will be clarification from today's proceedings as to whether the 30 days granted to the McCanns commenced on 10 December 2014, or whether they have 30 days from today to obtain the required authorisation.
With acknowledgement to Pamalam's website and in appreciation of Anne Guedes' stalwart attendance at the Lisbon court and her excellent work in providing transcripts and commentary.
@Fiona09 The case against Dr Amaral and his co-defendants has most certainly NOT been proved today!!!
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?
Thanks for the clarification ultima Thule. So glad to hear I was reading that wrongly
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?
Dave Heavy @Heavy_Dave
.... this psychological state is pre-existent to the book. Not reasonable to believe that the book,etc had no effect on the couple #McCann
@Heavy_Dave
#McCann 11. Because of the statements made by defendant GA .... the PJ stopped collecting information and investigating : Not proved
Saw this on our twitter trailer. Wonder who he is?
Seems he was in Court or just guessing?
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?
It seems to be generally accepted on Twitter that the McCanns have won?
Is this true?
Is this true?
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?
Translated by Joana Morais, from which article I have no clue, but must be from something in Portugal press.
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?
I got this from twitter:
Read from the bottom. I hope the image displays correctly.
Read from the bottom. I hope the image displays correctly.
____________________
"Today, the only person prosecuted in the case of the disappearance of little Madeleine McCann is the officer who conducted the investigation. "
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?
@Heavy_Dave
12. .... K & G #McCann are completely destroyed, .... beyond the pain that their daughter’s absence causes them? : Not proved.
So is it cause for celebration? Or premature ?
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?
It seems all of it is covered here:
http://themaddiecasefiles.com/post321103.html#p321103
http://themaddiecasefiles.com/post321103.html#p321103
____________________
"Today, the only person prosecuted in the case of the disappearance of little Madeleine McCann is the officer who conducted the investigation. "
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?
Maddie : Court gives as proven damage caused by Gonçalo Amaral
The court gave this Wednesday as evidence that the book of former Inspector of Judicial Police ( PJ ) Gonçalo Amaral , entitled ' Maddie : The Truth of the Lie ' , caused damage to the parents of MadeleineMcCann , missing British child in 2007 in the Algarve .
The court gave this Wednesday as evidence that the book of former Inspector of Judicial Police ( PJ ) Gonçalo Amaral , entitled ' Maddie : The Truth of the Lie ' , caused damage to the parents of Madeleine McCann , missing British child in 2007, Algarve .
In order, the magistrate also considered that the book reproduces excerpts appearing on the process in which Kate and Gerry McCann were made defendants , in September 2007 , filed in July of the following year, even though the British couple has been charged .
Madeleine McCann disappeared when he was four years in the tourist village of Aldeia da Luz , near Portimao , where the family was on vacation.
Kate and Gerry McCann have always maintained the position that Maddie was abducted . The case was recently reopened by prosecutors .
http://www.cmjornal.xl.pt/nacional/portugal/detalhe/maddie_tribunal_da_como_provado_danos_causados_por_goncalo_amaral_a_kate_e_gerry_mccann.html
It looks as if Dr Amaral lost, then?
The court gave this Wednesday as evidence that the book of former Inspector of Judicial Police ( PJ ) Gonçalo Amaral , entitled ' Maddie : The Truth of the Lie ' , caused damage to the parents of MadeleineMcCann , missing British child in 2007 in the Algarve .
The court gave this Wednesday as evidence that the book of former Inspector of Judicial Police ( PJ ) Gonçalo Amaral , entitled ' Maddie : The Truth of the Lie ' , caused damage to the parents of Madeleine McCann , missing British child in 2007, Algarve .
In order, the magistrate also considered that the book reproduces excerpts appearing on the process in which Kate and Gerry McCann were made defendants , in September 2007 , filed in July of the following year, even though the British couple has been charged .
Madeleine McCann disappeared when he was four years in the tourist village of Aldeia da Luz , near Portimao , where the family was on vacation.
Kate and Gerry McCann have always maintained the position that Maddie was abducted . The case was recently reopened by prosecutors .
http://www.cmjornal.xl.pt/nacional/portugal/detalhe/maddie_tribunal_da_como_provado_danos_causados_por_goncalo_amaral_a_kate_e_gerry_mccann.html
It looks as if Dr Amaral lost, then?
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?
http://themaddiecasefiles.com/post321103.html#p321103
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» Court Appeal Hearing - Live text from court - January 2010
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» Goncalo Amaral's interview 23 Jan 2015 after the libel trial hearing - FULL TRANSCRIPT
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» Goncalo Amaral's interview 23 Jan 2015 after the libel trial hearing - FULL TRANSCRIPT
The Complete Mystery of Madeleine McCann™ :: Portuguese Police Investigation :: McCanns v Dr Gonçalo Amaral + ECHR
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