Judge orders immediate return of books - March 14 2012

aiyoyo wrote:
The heavy penalty is not a simple matter of having destroyed some books (if true)

From what I understand, in legal terms, the books were supposed to be held in custody by ID until further judgement (meaning indirectly holding it for the state, until the states decide who should have them or what to do with them). It wasnt ID to destroy!

If she'd destroyed them while holding them custody for the State, then it is an criminal offence against the State, and not just Amaral, hence the heavy penalty.

Well, if Amaral's suspicions is true then ID is in more than a spot of bother. She's going to have to cough out those books in 10 days or explain and face the consequences. I suspect she is not SO stupid as to have destroyed them. But they might have been badly stored that they perished over time - meaning no longer in good condition. That is one possibility I can think of.

Otherwise she was sitting on them due to her own interpretation of the overturn judgement and now given the ultimatum.

The mccanns are her nemesis and all her past achievements will go to waste. You only have to make one official blunder and your credibility will plummet. And so far she has made quite a few all related to mccanns.

She may not act out of stupidity but I believe she is a very spiteful and vindictive person just like Kate. No wonder they get on so well!

From Joana Morais blog;

McCann Case: Judge orders the immediate devolution of Gonçalo Amaral's Book
Posted: 14 Mar 2012 04:30 PM PDT

Following the ruling of the Court of Appeals of Lisbon on October 14, 2010 in which the judges decreed that Gonçalo Amaral's books could be sold, revoking the first judgement of the Court a quo [lower court/court decision's that was appealed] that had granted a banning injunction,

I have merged your topic rainbow-fairy as it is the same as this topic.

good news re his book, but is it GA or is it his publisher ,the "owner" to whom the books must be returned? same outcome for anyone who has destroyed or damaged them....can't see ID being so reckless as she knows the law.

UPDATE on Joana's blog............

Update


The Civil Court of Lisbon notified the McCanns' lawyer on Tuesday

Early on this week, the lawyer for Guerra & Paz book publishers said that the book copies were stored at a warehouse in the area of Matinha in Lisbon, and that, they should be returned as soon as there was a court order. The 1st Circuit of the Civil Court of Lisbon [the same court that had granted the initial injunction on September 9, 2009] has now notified, Isabel Duarte, the books' trustee, ordering her to return the books to Guerra & Paz, within 10 days.

in O Crime, paper edition, nº 1546, pages 12 to 14, March 15, 2012

http://joana-morais.blogspot.com/2012/03/mccann-case-judge-orders-immediate.html?utm_source=BP_recent

posted on Jatyk2 by a native speaker who will translate the article, this is the front cover next to the pool photo of Maddie.
[They are rubbishing it of course ]

http://noticias.sapo.pt/banca/nacional/#4389


front page of the newspaper inside link above:

Maddie

PJ and Scotland Yard reassess the most controversial evidence

The file Chemello and traffic of embryos

the list of pedophiles

the testimony of friends

the biological tests

Judge orders return books seized from GA

know the dispatch

Had a look Russian Doll. The translation is worse than Google. "Dear friends" makes me wonder what he/she is involved in.

I get the impression that even their five members are embarrassed by its postings and just humour he/she.

Spaniel wrote:Had a look Russian Doll. The translation is worse than Google. "Dear friends" makes me wonder what he/she is involved in.

I get the impression that even their five members are embarrassed by its postings and just humour he/she.

5 members! I thought it was just made loony-bony-brat-stark-barking -mad talking to her socks!

candyfloss wrote:
Early on this week, the lawyer for Guerra & Paz book publishers said that the book copies were stored at a warehouse in the area of Matinha in Lisbon, and that they should be returned as soon as there was a court order.

Which on balance makes a lot more sense. It was always unlikely that a lawyer would destroy them.

I am confused Spaniel. ..what translation is worse than Google? Joana Morais is meant to be publishing the translation of the article tomorrow on her blog I think.

And this translation of the front page is a relaible translation of the bullet points in Portuguese.

What are you being critical of exactly?

Spaniel wrote:Had a look Russian Doll. The translation is worse than Google. "Dear friends" makes me wonder what he/she is involved in.

I get the impression that even their five members are embarrassed by its postings and just humour he/she.

"Dear Friends" is Pedro Silva's form of patronising and usually precedes all his messages on JATYK2 & other forums.

Sorry just had a look at JATYK2 & they are discussing whether Tony Bennett is the British citizen involved with running Amaral's fund. Now complaining that it isn't transparent (as the Find Madeleine Limited Company Fund is clearly NOT - JATYK2 - People in glass houses etc shouldn't BEG - as K & G have been doing so)

Why did I bother?

yes I know who he is and how he addresses the little clique. I was commenting on Spaniel's remark...re the translation, the points on the front cover are correct , no idea if the article inside is accurate, I read they are moaning that this publication is jointly owned or published by an associate of GA's new lawyer, so why trying to rubbish it. They are anticipating an article which won't be pro their cause, will be spin, but it looks from the cover as if the new review over there is starting from square 1 and looking at all plausible theories, and maybe a couple which could be easily discounted, but no -one can complain they have left any stone unturned.

They are a sad bunch, it would be good to go on there the way some pros come here for sensible debate, but they are not even accepting members with their point of view as far as I know, so there is a bunch of half dozen die hards who just want to be abusive and do not seem to even discuss the errors they think have been made. Like a little witches' coven.

laughable that GA protecting the abductor, no credibility with claims like that.

Sorry Russiandoll

They have 38 members as far as I can tell (how many are socks though I have no idea).

Back to your original post this is an odd thing for the PJ to be bothering with.

"The file Chemello and traffic of embryos"

There is some information about this here http://1145forum.forumotion.com/t102-archived-news-2010 but as it is long I won't share it all.

Gillyspot wrote:Sorry Russiandoll

They have 38 members as far as I can tell (how many are socks though I have no idea).

Back to your original post this is an odd thing for the PJ to be bothering with.

"The file Chemello and traffic of embryos"

There is some information about this here http://1145forum.forumotion.com/t102-archived-news-2010 but as it is long I won't share it all.

I couldn't find it Gilly. Whose site is it? The first thing that leapt out from it was the use of "Icon" A play on words!

It was on the link 1/2 way down.

I will post it all but it is LONG

"French authorities dossier


PJ investigated marriage that traded with human embryos and children hid


Carlos Saraiva


An Italian and a naturalized Italian Portuguese were suspected of posing as parents of children who were not his children and became convicted of plotting the murder of a judge ...


Judiciary Police of Portimão had there hands on the so-called "Dossier Chemello, a set of information on a couple convicted of trafficking in human embryos and that the French authorities, was involved in the disappearance of Madeleine McCann. On 27 July 2007, more than two months after the disappearance of Maddie, the liaison magistrate under the convention of legal assistance between EU member states, sent via the French Embassy in Spain, which gave information account of the suspicions about a man and an Italian woman (she was born in Oporto Portuguese and later nationalised Italian) were already convicted in France for crimes that made them eligible as suspects in the investigation being carried out in Portugal. There was a compelling reason to do so. The man, Danilo Chemello, 64, was intercepted by police in southern Spain, on June 28 as part of an international arrest warrant. At that time, Spanish police questioned him as a suspect, once Chemello and wife, Aurora, had tried to extort money from the McCanns, claiming to have information on the disappearance of their daughter.


Danilo Chemello was also wanted in France and on it hung a warrant for arrest issued by the Court of Nice, where he was sentenced, in absence, for conspiracy.


According to France, in 2000 and 2001, Chemello and his partner had negotiated the purchase of frozen human embryos and there were doubts about the biological parentage of the two children of the marriage and the possibility of involvement in the disappearance of minors. As part of activities related to the doctors, the French suspected that for some reason, even if unintentional, could have crossed with the McCanns, they also doctors (cardiologist Gerry and GP Kate). The hypothesis, at least, fed the suspicion.


The strange alliance


On the research taking place in Portimão, the "Dossier Chemello" contained disturbing information about this mysterious couple. In 2003, authorities in Marseille had received complaints about the treatment that Danilo and his daughter Aurora dispensed 15 years, about to seriously endanger the health of the child. Someone said there were suspicions parenting simulation, that is, to present as children, children who actually were not. Chemello, divorced his first wife, born in Sandirigo, near Vicenza, Italy, made his fortune in real estate though 1995 would end up selling their companies. His relationship with Dawn, 57, born in Porto but nationalised Italian, seemed dominated by an odd alliance. She also was divorced from her first husband, whom she had a daughter. A French psychiatric report defines her as "hysterical, manipulative, evil in relation to maternity and influenced by suicidal impulses." In relation to Danilo, psychiatrists say different things, equally bleak. The Italian entrepreneur "retired" is described as a "personality which is based on the lack of empathy for their victims, transfer of guilt to third and systematic denial of their actions."


Live large


Danilo and Aurora and have two sons, Alessandro and Chiara (both minors), being that Aurora was the mother of another girl, Carolina (now adult) offspring of her first marriage. In the early 2000s, the couple lived in Saint Tropez, an exclusive holiday stay in southern France. Since going to Italy during the 90s, Danilo and Aurora had opted for a nomadic life, although with big style. Between 1996 and 2003 there are records of their passage in lodgings in "villas and luxury hotels in Geneva, Gstaad, Monaco, Cap d'Antibes, Sardinia, Portugal (2001), London, in short, a luxury route. By Christmas 2003, the family environment is precipitated. Aurora and daughter from his first marriage are presented in a police station in Saint Tropez to denounce the violent behavior of Danilo. The man had left home. Worse than that, Carolina would eventually confess to the police who assaulted his own mother (she had tried to strangle her) to force her to convince her stepfather to return home, saying she only "find the right words to convince. Carlina's story would not be there, and also tell the police that his sister Chiara, then 5 years old, was assaulted and most of the time required to eat and sleep in the bathroom or garage tied. Subsequently, authorities concluded that everything was organized to hide the existence of Chiara, who did not frequent the school or go to the doctor and kept very little contact with his brother. Medical reports go further, suggesting that she was completely dehumanised by this treatment inflicted by the mother, treatment to which the father never objected.


Buy embryos


Under the residence in a house search of marriage, the researchers found two small portfolios with information which referred to "purchase" of a child in Russia by paying two payments of 20 dollars. The information obtained from the computer of the marriage revealed that between 2000 and 2001 were negotiated with a U.S. partner in the purchase of frozen embryos, which were then submitted to a Greek doctor.


The project would include also the hiring of a "surrogate mother", although for some reason, Danilo and Aurora dropped the idea. But even more intriguing was the reference child of the marriage on the existence of two other brothers and a sister, no one knew where they were. The wife never clarified nor Chemello and there was no record of the birth of more children. However, the biological motherhood and Chiara own doubts offered to French researchers. Chemello told police he was the biological father, although birth registration is a certain date and the medical file, according to the indication of the mother, cites a later date. Besides, according to information sent to the PJ, are, about the birth of this child, a succession of events, at least, strange: the eldest daughter of Aurora confessed that her mother would not let her visit her in the maternity ward where she had given birth and never saw her pregnant, the attending physician speaks of a parturient with a different age to that of Aurora. In addition to adding other details in the form of doubt: the reason why the Italian had bought three cribs (known to be intended to adopt twins and who had announced his intention on the Internet, coming to receive photos by email)?


Kill Judge


In September 2004, Chemello's wife is remanded in custody in France. At that time, a man who was arrested in the same prison awaiting trial Danilo, denounced him for having hired a detective to track the head judge of the process, intention and blackmail. Danilo had hired the detective for 15 thousand euros to follow in the footsteps of the judge and prepare a dossier. In subsequent court hearings related to this case, complainant Danilo even said that he intended to kill the judge. The detective hired, also arrested, told the judge was thinking it was a notary (that's what he told Chemello). At that time also revealed details of the mission: checking the morality of the subject, if he committed adultery, what sexual practices maintained (whether heterosexual, homosexual or with others simultaneously ...).


The marriage ended Chemello sentenced to 5 years in prison. Regarding the possible involvement in the disappearance of Maddie, the suspicions were later."

Thanks Gilly.

UPDATE on Joana's site today...........


Update on March 23, 2012

The mandatary and lawyer of the McCann couple, Isabel Duarte, has until the 29th of this month to return the books; the 10 days deadline are not consecutive and are measured as working days. Meanwhile, the lawyer to whom the books were entrusted by the First Instance Civil Court of Lisbon, has been trying to delay the restitution of the books to its rightful owners as ordered by the Supreme Court of Justice alleging that the Court of Appeals judgement did not transit in rem judicatam [unappealable decision/final ruling].

http://joana-morais.blogspot.co.uk/2012/03/mccann-case-judge-orders-immediate.html?utm_source=BP_recent

Hmmm - what on Earth is Duarte playing at? Don't they risk up to five years imprisonment for failing to return court property?
I'm beginning to think EVERYBODY connected with the McCanns think they are above the law...

I just don't get it either rainbow-fairy. Here is what Joana says on twitter in reply to a question.............



Win‏@winnower1

@xklamation Duarte is arguing that order demanding return of Amaral's book to publisher can be appealed?? To what court? #mccann #censorship






Joana Morais‏@xklamation

@winnower1 No court at all, all the appeals have been made. The Supreme Court of Justice refused #McCann couple request to counter appeal




Joana Morais‏@xklamationReply

@winnower1 Isabel Duarte, the #McCann couple layer, alleged the Appeals Court decision did not transit in rem judicatam. Delay tactic

candyfloss wrote:I just don't get it either rainbow-fairy. Here is what Joana says on twitter in reply to a question.............



Win‏@winnower1

@xklamation Duarte is arguing that order demanding return of Amaral's book to publisher can be appealed?? To what court? #mccann #censorship






Joana Morais‏@xklamation

@winnower1 No court at all, all the appeals have been made. The Supreme Court of Justice refused #McCann couple request to counter appeal




Joana Morais‏@xklamationReply

@winnower1 Isabel Duarte, the #McCann couple layer, alleged the Appeals Court decision did not transit in rem judicatam. Delay tactic

Thank you candyfloss.
Certainly it seems to be a delay tactic, but to what end? If they weren't given leave to appeal by the Supreme Court, where is she thinking to go? Its a pity a fine can't be levied - like a library book - say a euro a day per book overdue. What's the betting she'd send them back double-quick?
All this is going to look terribly bad on her and K+G when the Amaral case hears. Maybe she is a double agent lawyer he he...
I wonder if Guerra e Paz can sue for loss of earnings? Nice thought...

Who is paying Duarte's fees?

aquila wrote:Who is paying Duarte's fees?

The poor suckers who donated to 'search' for Maddie probably... Or could it be BK? Can't see the screeching banshee doing it pro bono...

Unbelievable arrogance! Wasn't the original ruling overturning the ban in October 2010 and now we're here a few days short of the 10 days allowed and the legal team are bleating in latin (or portuguese).

This blatant and unethical action imo is what's wrong with the legal system nowadays. Clever lawyers can use the system. To win at any cost is their only aim. Bugger justice.

Joana Morais has just tweeted this in reply to book publisher G & P.....................


Joana Morais‏@xklamationReply

@GeP_editores E os 7.500 livros que foram banidos pelos #McCann? Já estão de volta? A Isabel Duarte já os entregou? Amanhã acaba o prazo!

In reply to Guerra & Paz


Google translation.............

And the 7,500 books that were banned by McCann #? Are back? Isabel Duarte already gave them? Tomorrow ends the run!

Meaning Amaral's Publisher got them back.

Gosh...I wish to be as spider on ID's wall. Her evil face must be thunderous and murderous and God helps anyone who crosses her path now unless they sedate her to calm her down.

What's betting the mccanns wont announce it.

The mccanns must know their libel case is a foregone conclusion. They cant stupidly expect a ruling for the books to be taken away again.

The way I see it, if it is not final, the court wouldn't have ordered them return. It means the Court grants that Amaral is fully entitled to his human right to free speech.