The Verdict (translated by Isabel Oliveira)

by aiyoyo 30.04.15 23:51

Special thanks to HDH, taken from her facebook.
Credit to Isabel Oliveira for translation of the Verdict.

VERDICT
PROVED FACTS (points 1-40 of 84) More tomorrow
1. The applicants KM and GM are married to each other
2.The applicant Madeleine Beth McCann was born on the 12.05.2003 and is the daughter of the applicants Kate and Gerry McCann
3.The applicant Sean McCann was born on the 01.02.2005 and is the son of the applicants Kate and Gerry McCann
4. The Applicant Amelie MCCann was born on the 01.02.2005 and is the daughter of the applicants Kate and Gerry McCann
5. The Applicant Madeleine Beth McCann has been missing since the 3rd of May of 2007, and the criminal investigation n. 201/07.0GALGSwas open by the General Prosecution of the Republic for the Portimão District.
6. The British Police Dogs “Eddies” and “Keela” detected human blood and cadaverine in the apartment 5A, Ocean Club
7. The British Police Dogs “Eddies” and “Keela” detected human blood and cadaverine in a vehicle rented by the Applicants after the disappearance of MBM.
8. The Applicants Kate and Gerry McCann were constituted arguidos in the scope of the police investigation
9. Pages 2587-2602 of the criminal investigation, 19.07.2007, chief Inspector Tavares de Almeida wrote a report in which the following section can be transcribed :
“From everything that was gathered, the facts point in the direction that the death of Madeleine McCann occurred, on the night of May 3rd of 2007, inside the apartment 5A, of the Ocean Club resort, occupied by the couple McCann and by their three children;” (...)
“From everything that was exposed from the AUTOS, we conclude that:
A) The minor Madeleine McCann died in the apartment 5A of the Ocean Club resort, on the night of May 3rd of 2007;
B) It was performed a simulation of kidnapping;
C) In order to avoid the death [alarm] of the minor before 22H00, it was created a situation of the children's surveillance by the McCann while the children slept;
D) Kate McCann and Gerald McCann are involved in the occultation of the cadaver of their child Madeleine McCann;
E) At this moment, there seems that there aren't strong indicia that the death of the minor didn't happen due to a tragic accident;
F) From what was obtained until now, everything points out that the McCann, as self-defence, didn't want to deliver immediately and voluntarily the cadaver, existing a strong possibility that the same was transported from the initial place of deposition. This situation is susceptible to raise questions about the circumstances under which the death of the minor occurred.
So we suggest that the 'Autos' be sent to the EX.mo Sr. Procurador Geral da República [General Attorney], in order to:
G) New interrogation of the Arguidos Kate and Gerry McCann;
H) Evaluation of the measure of restraint to be applied in this case;” Pages 2601 of criminal Investigation
10. Page 2680 of the criminal investigation, 10 September 2007, public prosecutor in charge of the case:
“In the course of the investigation, where one continues to investigate the disappearance of Madeleine McCann , being the investigation open whether to confirm or infirm its occurrence, in relation to the crimes of abduction, homicide, abandonment and concealment of body and as per our drafted plan, it is necessary to document the real time of said disappearance, find out the precise location of each of the intervenients at the time of the events and also in the time after the events –the McCann couple and their group of friends that were on holiday with them in the tourist apartments Ocean Club in Praia da Luz: Jane Michelle Tanner, Russel James O’Brien, Matthew David Oldfield, Rachael Marianna Jean Manpilly, David Anthony Payne, Fiona Elaine Payne and Diana Webster . There is also a need to determine the movements of the arguidos Kate and Gerry McCann for the time of their stay in Portugal while establishing all the connections between all the intervenients and third parties. In this sense, and because the diligences that will be pointed here are essential to finding the truth, namely to analyse the telephone activity of the McCann couple and their friends, as well as other telephone numbers, that has been established was related to the facts occurred on the night of the 3rd of May 2007, remit the official file to the Mmo. JIC”
11. Page 3170 of the criminal investigation, 03.12.2007 by the Criminal Instruction Judge of Portimão
“ Since in the current criminal investigation files the crimes of abduction, homicide, abandonment and concealment of a body are being investigated being the first 3 crimes punishable with sentencing superior to 3 years and because it necessary to identify the suspicious behaviour observed in th surroundings of the place where the child disappeared from and mentioned in pages 3150 and 3154 and following of the case files , having so a high importance to the discovery of the truth , the data requested by the Public Ministry I order that (...) is requested from operator Portugal Telecom (...)” Point AV of the proved facts.
12. The Defendant Gonçalo Amaral was the Inspector of the Judiciary Police in charge of the coordination of the investigation into the disappearance of the applicant MBM. Amaral
13. The defendant Gonçalo Amaral retired from the police force on the 1st July 2008 (art 19 Base Instrutória)
14. on the 21st July 2008 the General Prosecution of the Republic divulged a note to the media announcing the archiving of the criminal investigation and that the same could be reopen by the initiative of the Public Ministry or any interested parties if new elements of evidence that would lead to pertinent diligences (article 20 of Base Instrutória) .
15. In the archiving report, 21.07.08:
“ Taking into account that there were certain points in the arguidos' and witnesses' statements that revealed, apparently at least, contradiction or that lacked physical confirmation, it was decided to carry out the "reconstruction of the fact", a diligence that is consecrated in article 150 of the Penal Process Code in the sense of duly clarifying, on the very location of the facts, the following very important details, among others:
1 – The physical, real and effective proximity between Jane Tanner, Gerald McCann and Jeremy Wilkins, at the moment when the first person walked by them, and which coincided with the sighting of the supposed suspect, carrying a child. It results, in our perspective, strange that neither Gerald McCann nor Jeremy Wilkins saw her, or the alleged abductor, despite the exiguity of the space and the peacefulness of the area;
2 – The situation concerning the window to the bedroom where Madeleine slept, together with the twins, which was open, according to Kate. It seemed then necessary to clarify if there was a draught, since movement of the curtains and pressure under the bedroom door are mentioned, which, eventually, could be verified through the reconstitution;
3 – The establishment of a timeline and of a line of effective checking on the minors that were left alone in the apartments, given that, if it is believed that such checking was as tight as the witnesses and the arguidos describe it, it would be, at least, very difficult to reunite conditions for the introduction of an abductor in the residence and the posterior exit of said abductor, with the child, namely through a window with scarce space. It is added that the supposed abductor could only pass, through that window, holding the minor in a different position (vertical) from the one that witness JANE TANNER saw (horizontal);
4 – What happened during the time lapse between approximately 6.45/7 p.m. – the time at which MADELEINE was seen for the last time, in her apartment, by a different person (David Payne) from her parents or siblings – and the time at which the disappearance is reported by Kate Healy – at around 10 p.m.;
5 – The obvious and well-known advantages of immediate appreciation of evidence, or in other words, the fulfilment of the principle of contiguity of evidence in order to form a conviction, as firm as possible, about what was seen by Jane Tanner and the other interposers, and, eventually, to dismiss once and for all any doubts that may subsist concerning the innocence of the missing [child's] parents.
In this sense, the legal procedures were followed, according to the norms and conventions that are in force, and the appearance of the witnesses was requested, inviting them to be present inclusively appealing to solidarity with the McCann couple, as it is certain that since the beginning they adhered to that process diligence.
Nevertheless, despite national authorities assuming all measures to render their trip to Portugal viable, for unknown motives, after the many doubts that they raised about the necessity and opportunity of their trip were clarified several times, they chose not to attend, which rendered the diligence inviable.
We believe that the main damage was caused to the McCann arguidos, who lost the possibility to prove what they have protested since they were constituted arguidos: their innocence towards the fateful event; the investigation was also disturbed, because said facts remain unclarified.”(...)
“This shows that the parents were not persistently worried about their children [and] that they didn't check on them like they afterwards declared they did, rather neglecting their duty to guard those same children, although not in a temerarious, or gross, manner” (...)
“While it is an unavoidable fact that Madeleine disappeared from Apartment 5A of the 'Ocean Club', the manner and circumstances under which this happened are not – despite the numerous diligences made in that sense -, therefore, the range of crimes that were indicated and referred to during the inquiry remains untouched.” (...)
“Concerning the other indicated crimes, they are no more than that and despite our perception that, due to its high degree of probability, the occurrence of a homicide cannot be discarded, such cannot be more than a mere supposition, due to the lack of sustaining elements in the files.
The non involvement of the arguidos parents of Madeleine in any penally relevant action seems to result from the objective circumstances of them not being inside the apartment when she disappeared, from the normal behaviour that they adopted until said disappearance and afterwards, as can be amply concluded from the witness statements, from the telephone communications analysis and also from the forensics' conclusions, namely the Reports from the FSS and from the National Institute for Legal Medicine.
To this can be added that, in reality, none of the indications that led to their constitution as arguidos was later confirmed or consolidated. If not, let us see: the information concerning a previous alert of the media - before the police - was not confirmed, the traces that were marked by the dogs were not ratified in laboratory, and the initial indications from the above transcribed email, better clarified at a later date, ended up being revealed as innocuous.
Even if, hypothetically, one could admit that Gerald and Kate McCann might be responsible over the child's death, it would still have to be explained how, where through, when, with what means, with the help of whom and where to they freed themselves of her body within the restricted time frame that would have been available to them to do so. Their daily routine, until the 3rd of May, had been circumscribed to the narrow borders of the 'Ocean Club' resort and to the beach that lies next to it, unknowing the surrounding terrain and, apart from the English friends that were with them on holiday there, they had no known friends or contacts in Portugal.” (...)
“- Tests and analyses were performed in two of the most prestigious and credentialed institutions for this effect – the National Institute for Legal Medicine and the British lab Forensic Science Service -, whose final results did not positively value the collected residues, or corroborated the canine markings;”(...)
“- Despite all of this, it was not possible to obtain any piece of evidence that would allow for a medium man, under the light of the criteria of logics, of normality and of the general rules of experience, to formulate any lucid, sensate, serious and honest conclusion about the circumstances under which the child was removed from the apartment (whether dead or alive, whether killed in a neglectful homicide or an intended homicide, whether the victim of a targeted abduction or an opportunistic abduction), nor even to produce a consistent prognosis about her destiny and inclusively – the most dramatic – to establish whether she is still alive or if she is dead, as seems more likely.” (...)
“Therefore, after all seen, analysed and duly pondered, with all that is left exposed, it is determined:

b) The archiving of the Process concerning arguidos Gerald Patrick McCann and Kate Marie Healy, because there are no indications of the practise of any crime under the dispositions of article 277 number 1 of the Penal Process Code.” (...)
16. The defendant Guerra e Paz , Publishers is a commercial society and its activity consists of editing, publishing, trading, including import and export of books.
17. On the 10th March 2008 the defendant, Guerra e Paz Editores, SA and the defendant Gonçalo Amaral signed a written agreement, add pages 277-281, designated contract for transfer of author rights through which the defendant Gonçalo Amaral gave the exclusive right to publish the text “Madeleine, the Truth of the Lie “ exclusively for ten years, in the form of a book, printed or electronic, in any language and in the whole world.
18. Clause 4, n1 of this agreement states the following: “ The retribution to be paid by the 1st party to the 2nd party for author rights relative to the editions of the work to be commercialised in Portugal will be of:
a) 12% of the cover price of each copy sold, net of VAT, up to 30.001 copies. B) 14% of the cover price of each copy sold, net of VAT, from 30.001 to 50.000 copies. C) 16% of the cover price of each copy sold, net of VAT from 50.001 copies sold.
19. Clause 5, n2 of this agreement states the following: “If the first party sells the copyright to other languages, in any country in the world and after deducting the costs inherent to that sale, the net income from that sale will be divided in equal parts between the 1st and 2nd parties, ie 50% each.
20. The defendant Gonçalo Amaral is the author of the book “Maddie , the Truth of the Lie”, published by Guerra e Paz , Editores SA.
21. The cover of the book has the word “confidential” written in red and in the inside cover “Reserved Reading” and “contains unique revelations” .
22. The technical summary of the book, page 4, has the following data: Revision :Fernanda Abreu. Cover and Pagination: Ilidio J.B. Vasco. Photograph of the author: Sandra Sousa Santos. C Guerra e Paz Editors , SA, 2008, All rights Reserved. Cofina media for photographs by Nuno Costa.
23. From the book “Truth of the Lie” (Intro to the Book pgs 11-12, pages 16, pages 19-20, pages 21, page 22-24, page 193pages 220-221) all quoted. –
(I Isabel, not judge lol, won’t transcribe them here since it is a long text and one can consult the book to read relevant passages, plus I would be afraid the judge finds me in breach of her orders wink emoticon . you can read your relevant pages in our speak easy internet corner . )
24. Conclusion of GA’s Book (pages 220-221)
25. The book “Maddie , the Truth of the Lie” was launched on the 24th July 2008, in El Corte Inglès, in Lisbon.
26. On the day of its launch, 24.07.08, the book was also sold with the newspaper Correio d Manhã.
27.The book “Maddie , the Truth of the Lie” had the following editions in Portugal:1st edition in July 2008, 30.000 copies printed 2nd; July 2008, 10.000 copies printed; 3rd July 2008, 10.000 copies printed; 4rth July 2008, 30.000 copies; 5th August 2008, 25.000 copies; 6th August 2008, 10.000 copies; 7th, August 2008, With 15.000copies printed; 8th, August 2008, 10.000 copies; 9th August 2008, 10.000 copies; 10th, August 08, 10.000 copies;11th August 08, 10.000 copies; 12th, 2008 10.000 copies printed.
28. The book was published through other editors in the following countries: Spain, September 2008, with the possible trading in Spanish in South American Spanish speaking countries; Denmark, November 2008, with possible commercialisation in other Nordic countries; Italy , December 2008, with the commercialisation in Italian for all the world; Holland, April 2009, with commercialisation in Dutch for all the world; Germany, June 2009 with commercialisation in Austria and Switzerland.
29. Within the scope of the injunction attached there were only around 7.000 copies of the book delivered to the applicants legal representative.
30. Copies of an English and Portuguese version circulate in the internet without the authorization of Guerra e Paz, Editores SA.
31. The cover price of the book “Maddie the Truth of the Lie” in Portugal was determined by the defendant Guerra e Paz on the amount of 13.33 euros (thirteen Euros and thirty three cents) , Inclusive of VAT.
32. The sale of the books was partly on consignment and another part subject to right of return for reasons such as faults, use or not being sold.
33. The defendant Gonçalo Amaral, received the following amounts from teh sale of the book: 2008 and 2009, teh amount of 342,111.86 .
34. The defendant, VC Valentim de Carvalho is a commercial society that creates, develops, produces and promotes the exhibition and broadcast of cinematographic and audiovisual works.
35. On the 7th March 2008, teh defendant Gonçalo Amaral and the defendant Valentim de Carvalho signed a written agreement (add pages 282-283) designated concession of rights - Option of Rights – deal demo” through which the defendant GA gave the exclusive rights of film adaptation (documentary and fiction) of a book about the investigation of the disappearance in Praia da Luz.
36. On the 11th March 2008, the defendant GA and the defendant Valentin de Carvalho signed a written agreement (284-288) , designated “passing of Rights - Option contract” through which the defendant GA gave the defendant VC the right to adapt the book to documentary and/or fiction that may have the format of a film for cinema or a TV movie
37. Clause 2 of this agreement has states the following: By the transfer of these exclusive right of option, VC Films compromises to pay the author the gross sum of 25.000, subject to legal fees and added VAT.

38. Clause 4, the author is obliged to participate as a narrator, transferring all image and sound rights. 2 For that participation and transfer patrimonial content of author rights connected to VC films the author will receive the gross sum of 15.000 euros, subject to legal fees. 3. For the transfer of rights named in 2 the author will receive 10% of all receipts national or international of the trading of the documentary (in all platforms and supports invented or yet to be invented) after deduction of production costs.
39. The defendant V.C- Filmes , Audiovisuais, SA agreed with VC Multimedia SA, on the 6th June 2008, to transfer to the latest all trading, distribution and exhibition and broadcast of cinematographic and audiovisual works (film, miniseries, documentaries) that they intended to produce within 5 years.
40. The defendant VC produced the documentary “Maddie , The Truth of the lie” , produced by Carlos Coelho Silva , which is an adaptation of the book written by the defendant GA. I have attached such documentary to the files.

by Guest 01.05.15 7:16

VERDICT
PROVED FACTS (points 1-40 of 84) ...

9. Pages 2587-2602 of the criminal investigation, 19.07.2007, chief Inspector Tavares de Almeida wrote a report in which the following section can be transcribed :
“From everything that was gathered, the facts point in the direction that the death of Madeleine McCann occurred, on the night of May 3rd of 2007, inside the apartment 5A, of the Ocean Club resort, occupied by the couple McCann and by their three children;” (...)
“From everything that was exposed from the AUTOS, we conclude that:
A) The minor Madeleine McCann died in the apartment 5A of the Ocean Club resort, on the night of May 3rd of 2007;
B) It was performed a simulation of kidnapping;
C) In order to avoid the death [alarm] of the minor before 22H00, it was created a situation of the children's surveillance by the McCann while the children slept;
D) Kate McCann and Gerald McCann are involved in the occultation of the cadaver of their child Madeleine McCann;
E) At this moment, there seems that there aren't strong indicia that the death of the minor didn't happen due to a tragic accident;
F) From what was obtained until now, everything points out that the McCann, as self-defence, didn't want to deliver immediately and voluntarily the cadaver, existing a strong possibility that the same was transported from the initial place of deposition. This situation is susceptible to raise questions about the circumstances under which the death of the minor occurred.
So we suggest that the 'Autos' be sent to the EX.mo Sr. Procurador Geral da República [General Attorney], in order to:
G) New interrogation of the Arguidos Kate and Gerry McCann;
H) Evaluation of the measure of restraint to be applied in this case;” Pages 2601 of criminal Investigation

So... what is Amaral being done for?

Repeating what chief Inspector Tavares de Almeida said and was in the public domain when the book was published?

Did this EVER appear in the British media? (Rhetorical)

by aiyoyo 01.05.15 7:48

BlueBag wrote:
So... what is Amaral being done for?

Repeating what chief Inspector Tavares de Almeida said and was in the public domain when the book was published?

Did this EVER appear in the British media? (Rhetorical)

Yes, the verdict is a joke isn't it? It's such a paradox !

The best part is, the judge repeats everything - the dogs and the files (the whole lot) - and VALIDATES them as "proved" in her Verdict.
Effectively she affirms the book contains nothing new, so it cannot be libelous.
So she's done him for writing it (simple as) instead, by using jurisprudence on competing rights.

You got to wonder isn't it - has she been got at or simply personal prejudiced against Amaral?

by Richard IV 01.05.15 10:21

Bluebag "So... what is Amaral being done for?"

Exactly - I wish someone would explain in simple terms what he has done wrong.

Is it just that

1. He has upset poor Kate and Gerald
2. He has stopped the search for Madeleine

Oh my God - does it really come down to that?

by worriedmum 01.05.15 14:14

How can it be said that the search was stopped? The judge must be aware of the joint operation? And if it means a non-official search, surely poor Madeleine is the most recognisable missing child on the planet.

If the official search is not taken into account, I do not understand how any other 'searching' can be quantified. Really , how can it?

by lj 01.05.15 14:37

Richard IV wrote:Bluebag "So... what is Amaral being done for?"

Exactly - I wish someone would explain in simple terms what he has done wrong.

Is it just that

1. He has upset poor Kate and Gerald
2. He has stopped the search for Madeleine

Oh my God - does it really come down to that?

I don't see where it says it stopped the search.

So stands he upset Kate and Gerry.

More than when they were made arguidos? More than when they fled Portugal?

If that is true Portugal better brace for more lawsuits since many people did upset the pathetic parents.