A reminder of what points were/were not proven from Amaral's previous trial

Frances Gallagher
1 hr





Courtesy of Ben Thompson

With the appeal trial looming, I thought it might be a good idea to give ourselves a reminder of what points were proven/not proven from the previous trial.
In the beginning there was light, that light came in the form of an idea, it shone dimly at first over the heads of the McCanns, but soon grew and became more powerful, until it radiated golden visions that would encapsulate four of the seven deadly sins; wrath, greed, envy and pride, and cause them to burn with desire through the minds of Kate and Gerry McCann, the couple who would stop at nothing in the hunt to make them come to fruition.
WRATH - strong vengeful anger or indignation.
Kate McCann stated of Goncalo Amaral that "He deserves to be miserable and feel fear" and boy did they try to bring that upon him, despite claims that Kate could "forgive the abductor" there was to be no such let up for the man who was dedicated to finding out the truth, a truth concealed many times by both Kate and Gerry.
GREED - excessive or reprehensible acquisitiveness.
Kate and Gerry put a price on the "pain" that they claimed Goncalo Amaral's book had put upon them, claiming that it had left them:
"totally destroyed from a moral, social, ethical, emotional and family point of view, beyond the pain that the absence of their eldest daughter causes them".
The price the McCanns sought to compensate them for a pain worse than the absence of their daughter was as follows:
£86,000 each for the twins.
£215,000 each for them.
£430,000 for Madeleine, (to be paid into the fund, and spent in anyway the McCanns saw fit)
Grand total £1,032,000.
ENVY – painful or resentful awareness of an advantage enjoyed by another joined with a desire to possess that same advantage.
Goncalo Amaral, had through his work the admiration of millions, whilst he sought answers, the McCanns sought to give none, for this reason Amaral became liked, people admired him, something the McCanns didn't want. They wanted to be liked, to be pitied, to have the sympathetic ear of two nations. To gain that, they would embark on a mission to defame, and sue those who spoke out against them in order to silence their critics.
PRIDE - quality or state of being proud – inordinate self esteem.
Again similar to envy, the McCanns needed to come across as proud, to lead a nation into believing they were doing everything in their power to find their daughter. Kate, Ambassador for missing children, Gerry lighting up events with speeches. This man Goncalo Amaral had to be stopped, and so it began.
On Thursday the 12th September 2012, the first hearing took place at a trial that would drag on for almost three years. During the trial many witnesses were called, and slurs upon the name of Goncalo Amaral would be announced to the world's media by both Kate and Gerry on the steps of the courthouse. British newspapers embarked upon what can only be described as a PR campaign, with the purpose of turning the nation against Goncalo. These articles were often reproduced by a small team of pro McCann supporters who loiter on social network sites. The same small team that was created in 2007 and conspired to remove youtube videos that painted the McCanns in a bad light, no matter if they were factual or not, the same small team that produced the dossier that ultimately led to the doorstepping of Brenda Leyland, and is attributed by many to her death. So organised is this team, that they have group leaders, sub group leaders as well as members who do what they are told, in the name of "Help to Find Madeleine" Many of these people are friends of the McCann family. Others, so stupid that they are easily manipulated into believing what they are doing is right. All with an agenda.
Back to the trial though. After a long 2 years and 4 months that was hampered by many delays and adjournments (blamed upon Amaral by the McCanns, despite that not always being the case), we found ourselves nearing the end.
Wednesday 21st January 2015. This was the day that the judge summarised all the proven and none proven matters from the vast amount of information she had heard. Early reports from the Portuguese media stated that Goncalo had lost, the pros whooped with delight, Pam Gurney started colouring in pictures of Kate and Gerry on the bunting she had kept since the street party she held for the Queen's coronation in 1953, and announced that she was going for a slap up tea to celebrate.
Some of the text was read out by the judge, and all was given to the lawyers from both sides.
So what was in the text, and what did it mean?
Well many of the points 2, 3, 4, 5, 6, 7, 8, 9, 10, 18, 23, 29, 30, 31, 32, 33, 34, 35, 36, and 37 concerned the distribution, the money that was gained and the companies and persons involved therein.
So that leaves us with 18 matters. I will go through those now, and explain my views on each:
1. Gonçalo Amaral made the statements that are attributed to him under item Z)*?
*(item Z is the Correio da Manhã interview)
Proved.
The Correio da Manhã interview was an interview last June 2014, in which Goncalo Amaral discussed some of the topics that can be read in his book. So of course this was going to be proven, it happened. Although the thing to remember is that if the book caused none of the things Kate and Gerry claim it did, then neither did the interview, and in any case, the interview came after the proceedings were started.
11. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, the Polícia Judiciária stopped collecting information and investigating the disappearance of Madeleine McCann?
NOT PROVED.
12. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate McCann and Gerald McCann are completely destroyed, from a moral, social, ethical, sentimental, family point of view, much beyond the pain that their daughter’s absence causes them?
NOT PROVED.
13. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate McCann and Gerald McCann suffer permanent anguish, insomnia, lack of appetite, anxiety and irritability, preoccupation and indefinable fear?
Proved.
The judge adds that this psychological state is pre-existent to the book, the documentary and the interview and was not caused by the book. Nonetheless, it cannot be reasonable to believe that the book, the documentary and the interview had no effect on the couple, i.e. It had an effect but that is perfectly normal.
Now although this was proved, the addition of the footnote by the judge is of vital importance. The key words here are "PRE EXISTENT TO THE BOOK" yes the book had an effect on their lives, as the judge stated, that is perfectly normal, but it isn't beyond what they were already going through PRIOR to the book, the documentary or the interview. Sorry to break it pros, but your heroes needn't stop doing the lottery on that point. That footnote would not be there if it wasn't mitigating the finding.
14. Authors Kate McCann and Gerald McCann feel a deep shame and an indescribable ill-being because they are considered, by most people who know the theories of defendant Gonçalo Amaral, as having responsibility in the death of their daughter, being so cowardly that they have hidden her cadaver, simulating abduction, all of this to avoid criminal accusations?
Proved that the couple felt badly about being considered responsible over the hiding of their daughter's body and simulating her abduction by those who believe in Mr Amaral's thesis.
The judge states that it is not possible to determine what most people who have read or seen Mr Amaral's thesis actually think. She adds that the plaintiffs failed to prove shame, even with Kate stating it was not shame that she felt.
The judge once more believes it is expectable that the plaintiffs would feel badly about being considered to be responsible for hiding the body and staging an abduction - not, the judge stresses, about being responsible for their daughter's death, as is commonly, and mistakenly, believed.
Now all this point proves is that the McCanns felt bad about being considered responsible, but it is UNPROVABLE that that was caused by the book, the interview or the documentary. They were made arguido, the dog's alerted to Kate's clothes, to their apartment, Kate refused to answer 48 questions during interview, there are many discrepancies within the statements, the McCanns lied to their friends about the shutters, etc. etc. The last bit is stating that it is commonly and mistakenly believed that Goncalo accuses the McCanns of being responsible for Madeleine's death. He never has, Goncalo has always stated he believes Madeleine died from an accident. So attributing that bad feeling to Goncalo's book, is beyond ridiculous, and therefore NOT PROVED.
15. Authors Kate McCann and Gerald McCann live under enormous daily pressure due to the need to keep their younger children away from the knowledge of defendant Gonçalo Amaral’s opinions about their moral integrity?
Proved that the couple feels the need to keep their younger children from finding out about said thesis.
This fact also derives from common experience and was corroborated by David Trickey's testimony.
Children should be kept away from a great number of things until they are old enough to understand or make an adult opinion. Nothing within this point states that Goncalo was wrong to write the book, only that the parents feel the need to not allow them to see it, that's down to responsible parenting. I don't need to add my thoughts to that comment.
16. Namely because of defendant Gonçalo Amaral’s statements in the book, in the documentary and in the interview to Correio da Manhã, author Kate McCann is immersed in a deep and serious depression, which has already made her state publicly “I wish I was in a coma, to relieve the pain”?
NOT PROVED.
17. Sean and Amelie McCann will soon become aware of the conclusions that are mentioned in J), because they will go to school?
It is proved that Sean and Amelie started school in August of 2010 and have not learned about Mr Amaral's thesis yet.
This point shows that Sean and Amelie have not learned about the book or Goncalo's theories since being at school, and therefore deems the argument invalid. So NOT PROVED.
19. Defendant Gonçalo Amaral has gone into retirement from the Polícia Judiciária on 1.6.2008?
Proved that he retired on July 1st, 2008.
20. On 22.6.2008, the Attorney General’s Office published a note for the media, announcing the archiving of the inquiry, awaiting better evidence?
It is proved that such a note was issued on the 21st of July of 2008, the note also informed that the case could be reopened if new evidence appeared and prompted relevant diligences.
24. The so-called “Maddie Case” has been profoundly treated within the Portuguese and foreign society, whether by the media, or through books, like those authored by Paulo Pereira Cristóvão, Manuel Catarino and Hernâni Carvalho?
Proved.
25. The so-called “Maddie Case” was commented upon by Dr. Francisco Moita Flores, former inspector, writer, criminalist and commentator, in various media?
Proved.
26. Have authors Kate McCann and Gerald McCann hired communication firms and spokespeople through the Madeleine Fund?
(for unknown reasons, the judge does not mention this item at all)
27. Are the facts that are reported by defendant Gonçalo Amaral in the book and in the aforementioned interviews, like he himself writes and said, facts that were established during the inquiry?
28. Does the documentary only contain facts that are also in the inquiry files?
(Both articles) It is proved that the facts in the book and in the documentary, concerning the investigation, are mostly facts that took place in the investigation and are documented as such.
The judge does note that some of the facts in the book are not complete, and some facts that are in the book are not in the case files, including Jane Tanner's "informal" recognition of Robert Murat.
The above points have no real bearing upon the case, UNLESS it can be proven that the book was responsible for causing the McCanns to suffer unduly and harmed the search for Madeleine. As that hasn't happened, it renders the content of the book inconsequential.
So to summarise, what Kate and Gerry claimed is that the book caused them added trauma beyond what is expected to be the norm. That simply hasn't been proven, nor has the fact that it harmed the search for Madeleine, and that is the crux of the matter. These things, the two reasons the McCanns began proceedings in the first place, CANNOT be proven. It is that that will, in my view, lead the appeal judge to, eventually, quash the original verdict, and find Goncalo Amaral NOT GUILTY.
I doubt if we will hear anything of note come the 7th October, the Portuguese judicial system is much slower than ours, but I firmly believe that in time, Goncalo Amaral will be fully vindicated. Whether our MSM report the facts, and withdraw their attacks on him, is another matter entirely.

https://www.facebook.com/groups/jkjoannekilcoyne/permalink/971036886291746/

Thanks for posting.

If he is vindicated I believe  the MSM will have no option but to withdraw their attacks on him.

He has already indicated that he is thinking of taking legal action against certain parties and who could blame him?