Recurso de Revista : Translations of Supreme Court written verdict will be added in the coming days.

by **Jill Havern** 07.02.17 7:55

Email from PeterMac:

OH JOY>
The written verdict.

Have browsed it - in my ex-pat Spanish and came across this - wonderful piece of Mitchellism . which should perhaps be broadcast to the WORLD . . . -

Page 38
Point 75

em 17/10/2007, Clarence Mitchell, porta-voz doa AA. Kate Mccann e Gerald MacCann, afirmou que estes eran suficientemente realistas para admitireme que a sua filha estaria provavelmente morta

Or in English . . .

On 17/10/2007, Clarence Mitchell, a spokesman for AA [the appellants]. Kate McCann and Gerald McCann, stated that they were sufficiently realistic to admit that their daughter was probably dead

Well quite so !
Good man.
Worth every one of his pieces of silver !

But then the next day, on 18.10.2007, Gerry McCann had to preserve the Fund by saying We DON'T believe Madeleine is dead, Gerry McCann insists
http://themaddiecasefiles.com/topic1460.html

for me the important thing is that all this is now officially recorded by the Supreme Court.
All their Oprah TV shows, with times and dates and the fact that it was transmitted to the world and much more.
Showing that they put it all in the public domain, and therefore they cannot on any test accuse anyone ELSE of having messed up the "search".
Good stuff.

https://pjga.blogspot.co.uk/2017/02/apelacao_7.html

And on twitter just now - Eddie and Keela mentioned:

Recurso de Revista : Translations of Supreme Court written verdict will be added in the coming days. C4C7DZhWIAAZBzq

Recurso de Revista : Translations of Supreme Court written verdict will be added in the coming days. C4C7DZhWIAAZBzq

by **HiDeHo** 07.02.17 8:39

http://www.mirror.co.uk/news/uk-news/madeleines-probably-dead-514171

Thanks to Maddie Case Files http://themaddiecasefiles.com/topic333.html
'Madeleine's probably dead'

By Stewart Maclean 17/10/2007

Kate and Gerry McCann admitted for the first time yesterday that Madeleine is probably dead.

The couple have until now clung to the chance of finding their missing daughter alive. But their hopes have faded as it nears six months since the four-year-old vanished from a resort in Portugal.

Spokesman Clarence Mitchell said: "Gerry and Kate are realistic enough to know there's a probability she is dead." The couple, both 39, are nevertheless continuing their campaign to keep the hunt for Maddy in the public eye. Adverts will appear in European newspapers at the weekend.

Mr Mitchell added: "They need to know what has happened. This uncertainty cannot hang over them for the rest of their lives."

source: Daily Mirror, 17.10.2007

-------------------------------------------------------------
Thanks to Maddie Case Files Press news for articles in chronological order http://themaddiecasefiles.com/topic1460.html

Daily Mail

We DON'T believe Madeleine is dead, Gerry McCann insists

Last updated at 00:37 18 October 2007

The parents of Madeleine McCann do not believe their daughter is "probably" dead, despite reports saying they do, they have insisted.

Yesterday the McCanns' spokesman Clarence Mitchell stated: "Kate and Gerry are realistic enough to know that there is a probability she is dead."

However later yesterday Gerry McCann insisted that while the couple are of course aware of the possibility, they still could not accept it.

"Contrary to some other reports Kate and I do NOT accept that Madeleine is 'probably' dead," Mr McCann wrote on his blog yesterday.

Recurso de Revista : Translations of Supreme Court written verdict will be added in the coming days. -1

Recurso de Revista : Translations of Supreme Court written verdict will be added in the coming days. -1

Madeleine McCann: Her parents Kate and Gerry have clung to the hope that she is still alive

"We know it is a possibility, however the fact there is no evidence Madeleine has been seriously harmed gives us ongoing hope that she will be found alive."

Kate and Gerry McCann have always clung to the hope the four-year-old will be found alive, and have never conceded that - statistically - Madeleine was probably dead within hours of her disappearance from their Algarve holiday apartment in Praia da Luz on May 3.

Yesterday Mr Mitchell added: "They have not given up hope that she could still be alive. But human nature is that you always fear the worst and they need to know what has happened."

The couple will continue to campaign for their daughter's safe return, Mr Mitchell said, and an £80,000 poster campaign was launched yesterday to target remote villages in Southern Portugal and Spain.

by **Jill Havern** 07.02.17 8:53

"Abduction - only an assumption" - Clarence Mitchell

https://jillhavern.forumotion.net/t1988-abduction-only-an-assumption-clarence-mitchell

by Liz Eagles 07.02.17 9:21

Attaching yourself to a media/PR machine is a very dangerous thing to do but please remember that Gerry McCann claimed publicly that he himself had the final word. Remember Gerry McCann's finely paid team allowed him to write a blog - the singularly most damning thing he could ever have done. Read Gerry's blogs. It appears money buys you nothing when you engage Clarence Mitchell to lie on your behalf - and no, you are not in charge when Clarence is at the helm of your sinking ship (Clarence is also attached to a sinking ship where many people were killed and the 'Captain Chaos' label was born).

Clarence Mitchell also used the death of his own new-born child to garner sympathy for the McCanns whilst carefully saying he wasn't with his family at the time and was away from home due to his commitment to the McCanns and their plight. Disgusting. Absolutely disgusting. Nothing stops you taking a two hour flight to go home to be with the birth of your child and then the subsequent sad death of your newborn child was used in a campaign to say about not being there at the time.

This man is a paid liar.

by **Jill Havern** 07.02.17 10:42

Madeleine CaseTweets @McCannCaseTweet
I can't breathe, judge suggest to Attorney General McCanns be re-interviewed as Tavares de Almeida report is part of proven facts #mccann

by Guest 07.02.17 11:31

I'm struggling to believe this as that was not in the remit of the appeal.

They were not judging the details of the case, rather the issue of free speech.

by MayMuse 07.02.17 12:51

http://textusa.blogspot.co.uk/2017/02/mccanns-not-cleared.html

by Verdi 07.02.17 12:58

Madeleine McCann police to trawl reservoir

By Aislinn Simpson in Odiaxere - 14th October 2007

A friend of Kate and Gerry McCann said: "Any widening of the search area is encouraging and we would welcome that. It does sound as though there is more vigour in that aspect of the inquiry which is good."

He added that while it would be a "tragedy" for the family if police searches eventually yield the little girl's body, at least it would help lift the cloud of suspicion from them.

"If she is dead then she is dead but not by their hand," he said.

http://www.telegraph.co.uk/news/uknews/1566115/Madeleine-McCann-police-to-trawl-reservoir.html

Charming!

Whether or not this friend is Mitchell is a matter for conjecture but one thing's for sure, the McCanns and Mitchell always counter any suggestion of death with an over rider - 'there is no evidence that she has come to any harm'. I don't think there is a single McCann interview where the 'no evidence' isn't repeatedly mentioned - quite frequently with angry undertones.

by MayMuse 07.02.17 13:27

Verdi wrote:Madeleine McCann police to trawl reservoir

By Aislinn Simpson in Odiaxere - 14th October 2007

A friend of Kate and Gerry McCann said: "Any widening of the search area is encouraging and we would welcome that. It does sound as though there is more vigour in that aspect of the inquiry which is good."

He added that while it would be a "tragedy" for the family if police searches eventually yield the little girl's body, at least it would help lift the cloud of suspicion from them.

"If she is dead then she is dead but not by their hand," he said.

http://www.telegraph.co.uk/news/uknews/1566115/Madeleine-McCann-police-to-trawl-reservoir.html

Charming!

Whether or not this friend is Mitchell is a matter for conjecture but one thing's for sure, the McCanns and Mitchell always counter any suggestion of death with an over rider - 'there is no evidence that she has come to any harm'. I don't think there is a single McCann interview where the 'no evidence' isn't repeatedly mentioned - quite frequently with angry undertones.

The "friend" knows if she is dead it isn't by their hand, how?

by jeanmonroe 07.02.17 14:08

https://twitter.com/McCannCaseTweet/with_replies?lang=en-gb

thx to 'whoever'!

Madeleine CaseTweets ‏@McCannCaseTweet 2h2 hours ago
More
Archiving report also included in Proven facts - the famous McCanns failed to prove their innocence #mccann
In my opinion judge leaves the findings of the case to the experts, to me it gives dogs, Amaral and Almeida the benefit of expertise #McCann
The re- interviewing of McCanns is part of Tavares de Almeida report into Proven facts as his own report not judges #McCann
9. Tavares de Almeida report entered into proven facts: As his recommendation , the Supreme Court does not make decisions on content #mccann
@mariaccnr where is what? Qual?
Supreme Court does not dispute dogs and their alerts are entered into proven facts as in alert to blood and Cadaver odor #McCann
NOT proven: That because of Book, etc Judiciaria stopped investigating Maddie's disappearance #mccann
Lol!! 81. Because of book, etc Kate & Gerry #mccann felt Rage, despair, anguish, worry, insomnia and lack of appertite
H.E. McCanns cannot invite notoriety fame, even media in their own home and then complain about unfavorable commentary #mccann
Sorry plugging in Lap top
I will keep reading but one of you will have to come to California tomorrow and drive my daughter to school #McCann #Provenfact
Judge: it could hardly be expected that Amaral already retired would be expected 2maintain secrecy ,when all proven facts are public #McCann
#McCann while benefiting of safety & fair investigation granted by arguido status, aren't protected from being offended by proven facts

by jeanmonroe 07.02.17 14:30

@XSequeira https://pjga.blogspot.nl/2017/02/apelacao_7.html?m=1 … Grande porrada que levam os McCanns #mccann
@XSequeira espera ai
@XSequeira ja leste? 75 paginas
I'm so tired 2am,but I can tell U Kate and Gerry #mccann are near the end of their Lie Judging by proven facts of Portugal Supreme Court
#McCann also get lecture from judge about meaning of Honor by published Portuguese law professors honor being how you conduct yourself
@JillyCL judge also resorts to Tavares dAlmeida report, &as you always say Amaral wasn't a maverick, joint opinion of other experts #mccann
@Rangeeni I feel sorry for any DOG that may cross Katy & Gerry McCanns path today

Quick Summary of PT Supreme Court Provewhere judge says Amaral wasn't just some criminal novelist, he was LEAD investigator #mccann
Note a tweet from @PJ_GA Apelação https://pjga.blogspot.nl/2017/02/apelacao_7.html … … Translations will be added in the coming days #McCann
@umweltbuerger @Rangeeni just did a brief translation summary
@Rangeeni Holy cannoli - the Supreme Court included the dog alerts in the proven fact n facts.
@JillyCL still reading, I'm laughing at part

by NickE 07.02.17 15:11

by **Jill Havern** 07.02.17 16:17

Supreme Court ruling opens new can
of worms for McCanns

With journalists here and in UK busily studying the
76-page text released yesterday by the Supreme Court - explaining why it dismissed the appeal for damages lodged by the parents of Madeleine McCann - blog writers are already ahead of them, uncovering salient points that blow even further ill wind into this almost decade long mystery.

It should be explained that the Textusa blog is one
that subscribes to the theory expounded in Gonçalo Amaral’s controversial book “Madeleine: The Truth of the Lie”: the theory that three-year-old Madeleine died by accident in apartment 5a of Luz Ocean Club, in May of 2007 and that everything that has happened
since has been part of a cover-up of “unseen proportions”

But Textusa’s convictions aside, what the blog has uncovered
from page 68 of the Supreme Court ruling is potential dynamite.

In simple terms, it blows a hole in the McCanns’
legal argument that they have been absolved of any blame (or are, as the text suggests ‘inocentados’) in their daughter’s disappearance.

According to the couple’s appeal against Amaral’s
victory last year (click here) not only are they completely innocent and have been absolved of any blame - due to the initial archiving of the case by the Portuguese authorities - they should have the right to benefit from the presumption of innocence.

However, the Supreme Court judges have said that
archiving per se should not be confused with being considered innocent.

In fact, archiving can always be undone, the judges
explain, in the event that “new elements of proof” come to light.

Says Textusa: “Very
clearly and very explicitly the court is saying that the McCanns have NOT been cleared.

“Note, it has not said the McCanns were guilty. It is just saying that they have not
been considered by the Portuguese Justice System as innocent.

“We do believe that this is historic and rebates definitely all those saying that the
couple was cleared by the Portuguese justice”, adds the blog.

As the 10th anniversary of Madeleine McCann’s disappearance approaches, and media outlets
are described as bidding hundreds of thousands to get an interview with the missing girl’s parents, this tortuously-worded judgement coming from Portugal’s highest court is certain to set tongues wagging for weeks to come.

For now, it is only in Portuguese - but campaigning blogsite Projecto Justiça Gonçalo
Amaral - which has been supporting former PJ coordinator Amaral throughout this eight-year legal battle - is due to release a translation in English within the next few days.

natasha.donn@algarveresident.com

by **Jill Havern** 07.02.17 16:30

Have just run a few paras through google translate.

from p 68 onwards.

Mas sera que a protecçao dos direitos dos recorrentes ao seu bom nome e reputacao esta, no caso, intimamente relacionada con a presuncao de inocencia, como se diz ne sentenca da 1a instancia.
e isto porque como dizem or recorented nas conclusoes sa sua alegacao de recurso, alem de seram absolutamente inocentes e inocentados, por via do despacho de archivamento do processo-crime, tem tambem direity a beneficiar do principio da presuncao de innocencia ?

But it will be that the protection of the rights of the applicants to their good name and reputation is, in this case, closely related to the presumption of innocence, as stated in the sentence of the court.
And this because, as the appellants say in the conclusions of their appeal, in addition to being absolutely innocent and acquitted, by means of the order of archiving of the criminal proceeding, they are also entitled to benefit from the principle of presumption of innocence?

Note-se que, no presente proession, nao esta em discussao a responsabilidade penal dos recorented, isto e, as sua inocenca ou a sua culpabilidade, quanto aos factos conducentes ao desparecimiento da sua filha, pelo que nao tem aqui que ser apreciada.
* * *
It should be noted that, in the present case, the criminal liability of the defendants, that is, their innocence or their guilt, is not under discussion as to the facts leading to the disappearance of their daughter, so there is no need to be appreciated. [considered]

BUT THEN THE KILLER > > >!

E nao se diga, tambem, que os recorrentes foram inocentados por via do despacho de arquivamento do processo-crime . p.70

Nor should it be said that the applicants were acquitted by the order to close the criminal proceedings. P.70

by Guest 07.02.17 16:49

Get'emGonçalo wrote:Madeleine CaseTweets @McCannCaseTweet
I can't breathe, judge suggest to Attorney General McCanns be re-interviewed as Tavares de Almeida report is part of proven facts #mccann

It doesn't say this does it.

by Doug D 07.02.17 17:48

Bluebag, Original tweet appears to have gone, replaced by this, so it looks as though you are correct:

Madeleine CaseTweets‏

[ltr]@McCannCaseTweet[/ltr]

Follow
[size=1]More[/size]
The re- interviewing of McCanns is part of Tavares de Almeida report into Proven facts as his own report not judges #McCann

RETWEETS 3
LIKES 17

3:52 am - 7 Feb 2017
[size=12]0 replies .3 retweets17 likes

[/size]

by jeanmonroe 07.02.17 19:12

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 R'ublica [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;

On the course of the house search to the residence of the McCann, a manuscript was found, a sort of diary, already photocopied, possibly authored by Kate McCann, and admitting that the same may contain elements that may help to reach the material truth of the facts, WE PROPOSE THAT:

I) The photocopies of such document to be presented to the M.Mo Judge regarding its apprehension, if legal, translation and eventual recovery of elements to bring into the 'Autos' for future investigation.
CONCLUSION

On the tenth of September, two thousand and seven

Chief Inspector

(Tavares de Almeida)

jta: The McCan'ts 'did a runner' on the NINTH (9th) of September 2007.

by Guest 07.02.17 20:35

"I'm a celebrity get me out of here" - 2007

Trail-blazers.

by worriedmum 07.02.17 21:01

BlueBag wrote:"I'm a celebrity get me out of here" - 2007

Trail-blazers.

by garfy 08.02.17 15:11

seems like the first ten pages of translation

http://www.gerrymccannsblogs.co.uk/Supreme_Court_31_01_2017.htm

by jeanmonroe 08.02.17 15:15

garfy wrote:seems like the first ten pages of translation

http://www.gerrymccannsblogs.co.uk/Supreme_Court_31_01_2017.htm

Thx to Pamalam (and AG?)

Thx anyway.

Page 10.

'Honour'

It should also refer to the content of the right to honour and the qualities or attributes that it welcomes.

The Judgement of the Supreme Court of May 27 2008 , quoted above, says : "The honour of the person translates therefore into the positive value that they infer themselves from the core of their being, that is the moral and ethic substrate of their existence, while the social consideration, the good name and the reputation translate into the judgment by others about every one. Correspondingly, the right to good name and to reputation is essentially for the person not be offended or injured in their honour, dignity or social consideration by imputation of others and to fight back against this offence and to obtain redress" [ idem ].

Capelo de Sousa teaches that "honour covers immediately the projection of the value of human dignity, which is innate, offered by nature equally to all human beings, unlikely to be lost by any man in any circumstance ( ... ). In a broad sense, it also includes the good name and reputation, as syntheses of social appreciation for determining qualities of uniqueness of each individual at the intellectual, moral, sexual, family, professional or political level" [The Personality General Law, 1995 , p. 303] .

Brito Correia added that honour also includes " the qualities acquired throughout life, by the individual's effort or otherwise and in various aspects (family, political, professional, scientific, literary, artistic, commercial, etc.). It covers inter alia, character, honesty, righteousness, loyalty, etc., corresponding to a sense of personal self-esteem. It is based on individual awareness of one's own worth : self-recognition and self-assessment". According to the same author, …
-------------------------------------------------

""honour covers immediately the projection of the value of human dignity, which is innate, offered by nature equally to all human beings, unlikely to be lost by any man in any circumstance..."

GA certainly didn't lose his 'honour', in any circumstance, did he?

Still 'reading' Gerry?

by Verdi 08.02.17 15:32

garfy wrote:seems like the first ten pages of translation

http://www.gerrymccannsblogs.co.uk/Supreme_Court_31_01_2017.htm

Thanks to you for posting up and thanks to Anne Guedes and Pamalam.

I look forward to a simple summary on completion of the translation. For a layman such as I, legalese is as difficult to interpret as egyptian hieroglyphics.

by sallypelt 08.02.17 16:49

I don't know if this has already been posted, but I will put it here just in case it hasn't

Courtesy of Joana:

Judges demolish McCanns' innocence

by Joana Morais 9 hrs ago

Court acquits Gonçalo Amaral and points out that the couple was constituted as arguidos (suspects) with a "well-founded suspicion" of having committed a crime.

Kate and Gerry McCann are demolished in the judgement of the Supreme Court in which the former coordinator of the PJ is acquitted of paying half a million euros to the parents of the girl who disappeared in May 2007 in the Algarve. At stake is the book 'Maddie: The Truth of the Lie', in which Amaral argues that the girl died in an accident and that the body was concealed by the parents, who simulated an abduction.

The McCanns felt aggrieved by the book and sued the author. The Judge-Counsellors replied: "The defendant [Gonçalo Amaral] expressed his opinion in the light of the evidence and indications gathered in the investigation opened in virtue of the disappearance of Madeleine McCann on May 3, 2007 (...) Incidentally, the claimants (appellants, applicants) were constituted as arguidos in a criminal investigation, which implies that there was a well-founded suspicion of having committed crimes or crimes."

Kate and Gerry understand that the book is an attack on their honour and that the content results from the breach of professional secrecy by Gonçalo Amaral.

The Judge-Counsellors continue: "It is true that the criminal investigation was eventually archived, in virtue of none of the evidence that led to the constitution of the claimants as arguidos was confirmed. Nonetheless, even in the archiving dispatch serious reservations are made about the verisimilitude (reality of) of the allegation that Madeleine had been abducted."

As to the presumption of innocence invoked by the parents, they (Judges) consider that one should not say "that the claimants were acquitted through the order of archiving the criminal proceedings (investigation). The archiving was determined because it was not possible to obtain sufficient evidence of the practice of crimes. It does not seem reasonable to consider that said archiving dispatch, based on insufficient evidence, should be equated as substantiation (proof) of exoneration".

in Correio da Manhã, February 8, 2017

https://joana-morais.blogspot.co.uk/2017/02/judges-demolish-mccanns-innocence.html

by **Jill Havern** 08.02.17 19:39

Here comes the translation, courtesy of Anne Guedes:

McCann V Amaral: Supreme Court verdict 31 Jan 2017

http://www.gerrymccannsblogs.co.uk/Supreme_Court_31_01_2017.htm

Recurso de Revista : Translations of Supreme Court written verdict will be added in the coming days.

Recurso de Revista : Translations of Supreme Court written verdict will be added in the coming days.

Re: Recurso de Revista : Translations of Supreme Court written verdict will be added in the coming days.

Re: Recurso de Revista : Translations of Supreme Court written verdict will be added in the coming days.

"Abduction - only an assumption" - Clarence Mitchell

Re: Recurso de Revista : Translations of Supreme Court written verdict will be added in the coming days.

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Re: Recurso de Revista : Translations of Supreme Court written verdict will be added in the coming days.

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