Re: Gerry McCann may be witness at libel trial tomorrow - Jerry Lawton **UPDATE** TRIAL ABANDONED FOR TODAY

by Guest 27.09.13 19:41

From the Telegraph..................

Gerry McCann frustrated after libel trial is suddenly postponed

The former police officer’s lawyer, Vitor Santos de Oliveira, applied to halt the hearing on Thursday night, telling the court his son was in hospital.

He said: “My son is having an operation. I hope that because of this you won’t be making a hullabaloo saying that Gonçalo Amaral is holding things up.”

Isabel Duarte, the lawyer who is representing the McCann family said: “It’s not surreal, it’s Portugal.”

“I saw the request to adjourn this morning. The facts are that we have organised the trial and the lawyer was actually here, so I was expecting the trial today. I asked the judge to at least hear my witness.”

http://www.telegraph.co.uk/news/newstopics/madeleinemccann/10340640/Gerry-McCann-frustrated-after-libel-trial-is-suddenly-postponed.html

by kitchen 27.09.13 19:42

candyfloss wrote:What a horrible tweet........

***********
Did Gonc's lawyer have to perform the actual operation does anyone know? Could he not have waited until visiting time after work?

*********
Get this: Gonc's lawyer's grown up child was having an operation so trial postponed AGAIN - unbe-fkin'lievable!

So we have finally come full circle: I've told my daughter not to worry I'm only a couple of streets away and I've turned out the light and left the door locked/unlocked so ...tapas anyone.... first round on me.....

by celtclogs 27.09.13 19:42

Humanist wrote:Does anyone think that there might be another reason for Gerry to be in Portugal.
Maybe it is not about having a fucking good time.
Perhaps they had the grace to give him the opportunity for further questioning
and a guise of attending a court case.

The witnesses all stink.
A bit like Clarence Mitchell being the best thing to make them look guilty
Isabel Duarte is just sealing it up.
Who is she actually working for?
She should be disbarred -

I still maintain that I want every single person who has lied and obfuscated this case
in any significant way to also be arrested.
We do not stop here.

There are powers behind the scene protecting themselves.
How do we know that they asked that the court be open - how do we know that Isabel Duarte
did not request it on anothers suggestion and they just had to go along with it.
Maybe the witnesses were sourced by sources who knew they would be so incredible that they
would sign seal and deliver Kate and Gerry as the sole guiltors in the mystery of Madeleine McCann for so many years.

Am I the only one who sees the final curtain.

I do hope it's the final curtain Humanist and soon:

by ShuBob 27.09.13 19:47

Did anyone notice how Gerry kept looking towards Isabel Duarte during questioning from reporters outside court perhaps hoping she'll step in and answer the questions? Unfortunately for him, Madam Duarte wasn't having any of it and just smiled as his discomfort increased laughat

by The Slave 27.09.13 19:51

Yes, indeed I did. I was astonished. Gerry is properly shaken.

by Guest 27.09.13 19:52

ShuBob wrote:Did anyone notice how Gerry kept looking towards Isabel Duarte during questioning from reporters outside court perhaps hoping she'll step in and answer the questions? Unfortunately for him, Madam Duarte wasn't having any of it and just smiled as his discomfort increased

I noticed that, he even said something like you'll have to ask Isabel, and still she didn't step in.

by Cristobell 27.09.13 19:56

Woofer wrote:
Tony Bennett wrote:
candyfloss wrote:This from 1st September 2013, just 4 weeks ago in Sunday Express.............

Isabel Duarte, the McCanns' lawyer in Lisbon, said: "Kate and Gerry do not have to give evidence so they do not need to be here. I am confident of winning."
She is seeking damages for Kate, Gerry and their twins Sean and Amelie, plus further damages for the harm caused to the search for Madeleine.

http://www.mccannfiles.com/id426.html

So why the sudden turnaround?

The serious point here is that the McCanns have insisted ever since the libel writ of June 2009 that Dr Goncalo Amaral's 'lies' had a profound and permanent effect on their emotional and physical health.

Evidence of that can best come from themselves, supported as necessary by consultant doctors who specialise in cases of serious emotional damage, mental ill-health, depression and so forth.

It was always unlikely, surely, that people like Susan Hubbard (friend of the family), Michael Wright (relative) and Alan Pike ('counsellor' but not a psychologist) could provide anything like sufficient evidence of this long list of severe and permanent emotional, physical and mental illnesses.

Besides that, the McCanns have repeatedly used the word 'lies' in relation to the contents of Dr Amaral's book. Unless Anne Guedes has missed a whole tranche of evidence, I am at a loss to understand what 'lies' have been exposed so far and which witnesses (if any) have been produced to refute Amaral's alleged 'lies'.
This case must be setting a precedent because a man is being accused of writing lies ........ but there`s no way of knowing whether it is lies because, as the Judge pointed out, `we don`t know what happened`.

I cannot understand how this case even got to court because the foundation for the writ is not solid. It is based on the fact that the McCanns are telling the truth ... but that has never been proved.

It must be a first. Poor Judge.

I agree, the Judge has pointed out several times that no-one knows what happened.

As for it getting to a Court room, if a claimant (Plaintiff) has the money to go all the way, despite their lawyers advice, then there is nothing to stop even the craziest of cases to go to trial particularly in the area of libel. If Isabel is sensible she will have some kind of document signed by the McCanns confirming their instructions to go ahead having been made fully aware of the risks involved.

As you say, no-one knows what happened. Goncalo has written a book presenting his theory, Kate has written a book presenting hers. Goncalo does in fact have a far more valid claim against the McCanns, sadly his life was devastated by this case, and the McCanns spiteful vendetta.

by Guest 27.09.13 19:57

Gerry McCann, 45, travelled to Lisbon with his sister Trish Cameron, in the hope of appearing as a witness in the case of Goncalo Amaral, the shamed detective they are suing for £1 million

http://www.telegraph.co.uk/news/newstopics/madeleinemccann/10340640/Gerry-McCann-frustrated-after-libel-trial-is-suddenly-postponed.html

Grrr, they make me so angry. :bad:

by Newintown 27.09.13 19:59

ShuBob wrote:Did anyone notice how Gerry kept looking towards Isabel Duarte during questioning from reporters outside court perhaps hoping she'll step in and answer the questions? Unfortunately for him, Madam Duarte wasn't having any of it and just smiled as his discomfort increased

Yes, I did notice that, I thought I was the only one. He kept looking at her and she was ignoring him.

Oh dear. smilie

ETA: ID was probably thinking "I told you you should have been on the witness stand from the beginning, but you wouldn't listen to me, it's too bl**dy late now, the damage has been done with your useless witnesses". laughat

by Guest 27.09.13 20:08

It looks as if maybe Ricardo Paiva is giving evidence on behalf of Goncalo Mrs

Wasn't he the one KM called a F***** T*****er

I take it AG is Anne Guedes...........

Dantew28 ‏@Dantew28 14m
@anotherviv Have you seen this from AG? http://miscarriageofjustice.co/index.php?topic=2417.msg78649#msg78649 … #McCann

Viv ‏@anotherviv 3m
@Dantew28 TY very interesting, Pleased Paiva who was still heavily involved #McCann investig under Rebelo will be giving evidence for Amaral

by aiyoyo 27.09.13 20:10

ShuBob wrote:Did anyone notice how Gerry kept looking towards Isabel Duarte during questioning from reporters outside court perhaps hoping she'll step in and answer the questions? Unfortunately for him, Madam Duarte wasn't having any of it and just smiled as his discomfort increased

Had it not been postponed he still would not be heard because his request as witness is serving the 10 days notice, awaiting approval.
Why did he even go Lisbon ahead of approval is a mystery? On whose advice did he make that trip?
ID should know better the law prohibits surprise witness.
You have to wonder whether there'd been miscommunication between ID and her client.

It must be daunting for ID alone to work against 4 lawyers from the Defence side.
Maybe she's snowed under and is clueless, or maybe her stubborn client refused to take advice thinking he knows better

by Guest 27.09.13 20:18

Didn't ID state in the media that all her friends were reviling her for counseling a bunch of child-killers, or words to that effect?

From what I hear/see, the Portuguese people do not take kindly to the obstruction of their hard-won Justice!

PS: Retrieved my dear old pixy-face; shedding the saintly Aethelfritha I never felt quite comfortable with

by Newintown 27.09.13 20:19

aiyoyo wrote:
ShuBob wrote:Did anyone notice how Gerry kept looking towards Isabel Duarte during questioning from reporters outside court perhaps hoping she'll step in and answer the questions? Unfortunately for him, Madam Duarte wasn't having any of it and just smiled as his discomfort increased
Had it not been postponed he still would not be heard because his request as witness is serving the 10 days notice, awaiting approval.
Why did he even go Lisbon ahead of approval is a mystery? On whose advice did he make that trip?
ID should know better the law prohibits surprise witness.
You have to wonder whether there'd been miscommunication between ID and her client.

It must be daunting for ID alone to work against 4 lawyers from the Defence side.
Maybe she's snowed under and is clueless, or maybe her stubborn client refused to take advice thinking he knows better

No doubt it was all done for show and news headlines, he would have known he could not be called as a witness with such short notice, the McCanns don't lose a trick when it comes to being in the spotlight. Was GM in Portugal for another reason and just happened to show up at the court for the media and to make himself look good, although that wasn't his primary reason for being in Portugal? winkwink

by The Slave 27.09.13 20:21

Hmm. indeed. He has form on that score.

by Guest 27.09.13 20:23

What happened to SO's son?

by Guest 27.09.13 20:38

When I am cynical again: GM knew [knew] that he couldn't be heard today as a witness. Now the case has been adjourned till next Wednesday. Which will be a good 5 days since his request so he can/has to be heard. Bingo!
IMO, of course, IMO.

Chinese saying: Be careful what you wish for ...

by bobbin 27.09.13 21:01

Châtelaine wrote:When I am cynical again: GM knew [knew] that he couldn't be heard today as a witness. Now the case has been adjourned till next Wednesday. Which will be a good 5 days since his request so he can/has to be heard. Bingo!
IMO, of course, IMO.

Chinese saying: Be careful what you wish for ...

That should please Gerry a lot, to be allowed his right to speak for himself. He needn't have told the press that the Facts of the File were what had damaged the search for Madeleine, he could have saved that for the courts and proven his case against Amaral..mmmm........oooops

by Guest 27.09.13 21:02

Admin,

Please copy Anne Guedes report on Joanas todays blog; regarding todays goings-on around the hearing in Court

Not just text, but illustrative

She is so very perceptive; reading what she has to say really is eye-opening!

by **Tony Bennett** 27.09.13 21:43

Portia wrote:As Maddie was made a ward of Court in 2007, and as six years have now lapsed, is it not the case that she could be legally declared deceased by now?

Sorry to ask, but in some countries on the Continent this might be the case.

How is this in the UK?

And, in order for anyone -the Court, her parents or anyone else- to be able to represent her when asking for money as the McCs are doing now, would it not be required for these plaintiffs to prove she is still alive?

Is there a UK lawyer who could explain this?

You can apply for a missing person to be declared dead, and a form of inquest is held. Normally you have to wait for 7 years, but there are circumstances when the period can be shortened.

I think it was shortened in the case of 'canoe man', the bloke who disappeared whilst out canoeing on the north-east coast of England. His canoe turned up on the shore, but not him, so he was presumed drowned, and an inquest so held.

It was all an elabroate ruse to get some insurance money - their wife claimed it - and after they got it, they both decanted to a nice 3-bed pad in Panama. Their ruse was discovered, and IIRC their children disowned them when the truth was brought to light - a solemn warning to anyone thinking of fooling their children as well as everybody else.

Under English law, again IIRC, this 'missing person's inquest' can only take place if the person went missing on English soil or in English territorial waters.

.

by sallypelt 27.09.13 21:52

From the BBC:

McCanns launch £1m libel case against Portuguese ex-detective

Madeleine McCann's father says he remains ready to testify in a £1m libel case against a former Portuguese police chief after a hearing was cancelled.

Madeleine was three when she disappeared from her family's apartment in the Algarve in 2007.

Gerry McCann hopes to tell a Lisbon court that a book by Goncalo Amaral defamed him and his wife Kate.

A judge cancelled the latest hearing because one of the lawyers could not be present.

Mr McCann flew to Portugal with his sister Trish Cameron, who had been due to testify on Friday.

No decision has yet been made on whether Mr McCann will be heard.
Family medical procedure
Under recent legislation, plaintiffs in civil proceedings may now testify in their own case, but it is unclear whether the change applies to this action, which was lodged in 2009, before the new law took effect.

Mr Amaral's lawyer, Vítor Santos Oliveira, made a written submission to the court stating he could not be present because of a medical procedure involving a member of his family.

But the judge waited until the morning of the hearing to cancel it.

The McCanns, who are from Rothley, Leicestershire are suing Mr Amaral for claiming in his 2008 book that Madeleine was dead and her parents concealed what had happened to her.

Mr McCann had hoped to tell the court what the couple have long argued - that the book and accompanying film have made the public less inclined to help them find their daughter.
'I'll do what it takes'
He told journalists after the judge's decision: "Kate and I know better than anyone else what we've experienced and what we've gone through, and the facts of the file, and the damage that's been caused to the search for Madeleine. I'll do what it takes."

The McCanns' lawyer, Isabel Duarte, said it was important that he be heard.

She added: "I asked because I don't have two witnesses that I have appointed, so I have asked the court to substitute the two witnesses by Gerry, because nowadays he can give evidence."

Ms Cameron said she would travel to Portugal again to give evidence "if it's required".

She is now expected to be heard on 2 October.

The trial had already been subject to delays, and extra dates have been scheduled into late November.

As part of the same case, the McCanns are also also suing Mr Amaral's publisher, the producer of a documentary based on his book, and the broadcaster that screened it.

Lawyers for the defence are expected to argue that the book and film are not libellous under Portuguese law, and that they are based on the case files of the original criminal investigation.

http://www.bbc.co.uk/news/uk-24057163

by JackieL 27.09.13 21:57

Sorry if I mess up this thread, but Anne's EXCELLENT reporting just has to be published as extensively as possible about what really happened in court today. I've waded through so much spin and BS in the last 12 hours or so, it's worth quoting again:

With grateful thanks to Anne Guedes, UK Justice Forum:

The Judge appeared at 9:50. All lawyers were there, as well as the interpreter. Dra Isabel Duarte had a new assistant. But in the audience we were only two members of the public (Astro and I), all journalists were outside waiting for Mr McCann and Mrs Cameron. Among the journalists, Martin Brunt was back in Lisbon and back was his very British sense of humour. He is literally chained to his photographer, since he holds the perch ! When the crowd of photographers suddenly rushes in a certain direction, he can't but follow.
Back to court. Mr Amaral's lawyer made a request because his son was in the hospital (it seems the problem surged yesterday) to have a urgent surgery and the father was needed there. Dra Duarte said she made yesterday a request for the complainant G. McCann who is coming from the UK (she insisted twice on this) to be heard. This request has to be accepted by the lawyers of the defence within a few days. The Judge consulted a great amount of books and files when she was dictating to the court clerk. She found Dr Santos Oliveira's request justified and unforeseeable and stated that the adjournment had to be accepted.

The Judge then announced that the 27th witnesses would be heard on the 2nd of October (Henrique Machado (journalist of Correio da Manhã), Eduardo Dâmaso (political analyst) and Mrs Cameron).
From this I deduce that 1) Mrs Healy will not be heard and 2) Mrs Cameron is the last witness for the accusation, except for the bar association president, Marinho Pinto who eventually will be heard on the 19 of November.

The last session (exhibition of the documentary and final allegations) will now be on the 27th of November.
On the 8th of October will be heard only witnesses for the defence :
Inspectores Tavares de Almeida and Ricardo Paiva, Luis Nunes, the head of the Central unit against organized crime, Manuel Catarino, editorialist in the CdM (who seems specialised in juridical issues) and the journalist and writer Hernani Carvalho (who is doing a PhD on criminology)

On the 5th of October will be heard other witnesses for the defence :
Paulo Sargento, Moita Flores, two persons related to Guerra&Paz, etc.
On the 19 of Novempber, will be heard the last witnesses for the defence :
Carlos Coelho da Silva (the documentary film maker), Margarida Teotónio Pereira (TVI director of international programs), etc. and possiby a witness for the accusation (?), José Viega Soares, a consultant in PR who was at the court on day 1 (the only (but me) reading a book and not consulting a smart phone) and was dismissed for that day.

Meanwhile Mr McCann and his sister had arrived. The Judge asked to call the two witnesses first Eduardo Dâmaso and later Trish Cameron. She explained no hearing was possible if a lawyer was missing. She said she was sorry the witnesses would have to come next Wednesday. Mrs Cameron observed it was the second time.. The Judge acknowledged and apologized for this. She said this kind of circumstance, like health, cannot be anticipated and we can't but accept it. She said the court thanked the witnesses.
Mr McCann didn't even enter the audience room.

The Sun guy wasn't there, the one who works for 4 newspapers with 4 different identities to-day was working for 5.
Gonçalo Amaral's car was parked behind the building. So he took another exit. The reporters saw him (I don't know how, they do have hawk eyes) and rushed.

by ultimaThule 27.09.13 22:08

http://joana-morais.blogspot.com/2013/09/gerry-mccann-wants-to-speak-in-court.html

It seems Gerry may have been photographed outside the building and going through the entrance but, as he wasn't allowed into the Court, he'll have to console himself with having racked up the airmiles again.

by Trainer 27.09.13 22:09

When the case was first "launched" started the law was that the mccanns could not be called to testifie, but due to the recent changes that is not now the case. But has Gerry turned up late so he can say " I wanted to but they wouldn't let me" but now it's been postponed ..... He can now get in the witness box and get cross examined ........

by Cristobell 27.09.13 22:14

Trainer wrote:When the case was first "launched" started the law was that the mccanns could not be called to testifie, but due to the recent changes that is not now the case. But has Gerry turned up late so he can say " I wanted to but they wouldn't let me" but now it's been postponed ..... He can now get in the witness box and get cross examined ........

Presumably he will put justice for Madeleine before work commitments against next week.

by ultimaThule 27.09.13 22:41

Trainer wrote:When the case was first "launched" started the law was that the mccanns could not be called to testifie, but due to the recent changes that is not now the case. But has Gerry turned up late so he can say " I wanted to but they wouldn't let me" but now it's been postponed ..... He can now get in the witness box and get cross examined ........

It seems Gerry can only take the stand if Dr Amaral together with his co-defendants and lawyers consent to his late request to give evidence:

http://joana-morais.blogspot.com/2013/09/gerry-mccann-wants-to-speak-in-court.html

It's inconceivable Gerry wasn't made aware he would not be able to enter the courtroom today, which begs the question of why he chose to rack up more airmiles at the expense of the Fund?

Gerry McCann may be witness at libel trial tomorrow - Jerry Lawton UPDATE TRIAL ABANDONED FOR TODAY

Re: Gerry McCann may be witness at libel trial tomorrow - Jerry Lawton UPDATE TRIAL ABANDONED FOR TODAY

Re: Gerry McCann may be witness at libel trial tomorrow - Jerry Lawton UPDATE TRIAL ABANDONED FOR TODAY

Re: Gerry McCann may be witness at libel trial tomorrow - Jerry Lawton UPDATE TRIAL ABANDONED FOR TODAY

Re: Gerry McCann may be witness at libel trial tomorrow - Jerry Lawton UPDATE TRIAL ABANDONED FOR TODAY

Re: Gerry McCann may be witness at libel trial tomorrow - Jerry Lawton UPDATE TRIAL ABANDONED FOR TODAY

Re: Gerry McCann may be witness at libel trial tomorrow - Jerry Lawton UPDATE TRIAL ABANDONED FOR TODAY

Re: Gerry McCann may be witness at libel trial tomorrow - Jerry Lawton UPDATE TRIAL ABANDONED FOR TODAY

Re: Gerry McCann may be witness at libel trial tomorrow - Jerry Lawton UPDATE TRIAL ABANDONED FOR TODAY

Re: Gerry McCann may be witness at libel trial tomorrow - Jerry Lawton UPDATE TRIAL ABANDONED FOR TODAY

Re: Gerry McCann may be witness at libel trial tomorrow - Jerry Lawton UPDATE TRIAL ABANDONED FOR TODAY

Re: Gerry McCann may be witness at libel trial tomorrow - Jerry Lawton UPDATE TRIAL ABANDONED FOR TODAY

Re: Gerry McCann may be witness at libel trial tomorrow - Jerry Lawton UPDATE TRIAL ABANDONED FOR TODAY

Re: Gerry McCann may be witness at libel trial tomorrow - Jerry Lawton UPDATE TRIAL ABANDONED FOR TODAY

Re: Gerry McCann may be witness at libel trial tomorrow - Jerry Lawton UPDATE TRIAL ABANDONED FOR TODAY

Re: Gerry McCann may be witness at libel trial tomorrow - Jerry Lawton UPDATE TRIAL ABANDONED FOR TODAY

Re: Gerry McCann may be witness at libel trial tomorrow - Jerry Lawton UPDATE TRIAL ABANDONED FOR TODAY

Re: Gerry McCann may be witness at libel trial tomorrow - Jerry Lawton UPDATE TRIAL ABANDONED FOR TODAY

Joana Morais

Re: Gerry McCann may be witness at libel trial tomorrow - Jerry Lawton UPDATE TRIAL ABANDONED FOR TODAY

Amelie McCann (aged 2): "Maddie's jammies!".

Re: Gerry McCann may be witness at libel trial tomorrow - Jerry Lawton UPDATE TRIAL ABANDONED FOR TODAY

Re: Gerry McCann may be witness at libel trial tomorrow - Jerry Lawton UPDATE TRIAL ABANDONED FOR TODAY

Re: Gerry McCann may be witness at libel trial tomorrow - Jerry Lawton UPDATE TRIAL ABANDONED FOR TODAY

Re: Gerry McCann may be witness at libel trial tomorrow - Jerry Lawton UPDATE TRIAL ABANDONED FOR TODAY

Re: Gerry McCann may be witness at libel trial tomorrow - Jerry Lawton UPDATE TRIAL ABANDONED FOR TODAY

Re: Gerry McCann may be witness at libel trial tomorrow - Jerry Lawton UPDATE TRIAL ABANDONED FOR TODAY

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