Monday, 23 September 2013

Historic Registry 2


The session commences with a discussion on the order in which witnesses are to be heard. The McCann family lawyer Isabel Duarte requests a modification because some witnesses reside in the UK (the last session on 13th September, was shortened due to the judge's personal problem). Isabel Duarte had proposed written statements but defence lawyers Fatima Esteves and Santos Oliveira objected (all parties must agree). This protest has to be written down.

The judge then reminds the clerk to record the reaction by the plaintiff to the request of "exclusion of publicity" by the defender, a request the judge considered without merit.

All this took an hour because each request must comply strictly with and be recorded in accordance with Portugal’s Civil Procedure Code.

The testimony as it happened...

(19.09.2013, 10:30am) Alan Robert Pike is currently a Clinical Partner & Trauma Consultant at The Centre for Crisis Psychology (CCP), a private Company which provides psychological care for traumatised individuals.
He is a Crisis Counsellor and holds an honours degree in Social Science.
He first met the McCanns on the 5th May 2007. 
His first contact was a phone call from the Mark Warner Group at 4am in the morning. 
He says it is quite normal to be woken up in the middle of the night in a case of psychological traumatic.
MW requested he take the next possible flight to the Algarve. 
He says he provided professional services to the McCann family on a regular basis up until September 2007. 
After they went back to the UK he continued to counsel them up until about 3 years ago. 
He is now in contact with them on a pro bono (no charge) basis by e-mail and telephone. 
From the end of 2007, he was engaged by the McCanns directly. 
He says MW did much more than would have normally been expected of such a company.

1) McCann family lawyer, Isabel Duarte, is the first to question the witness.

ID asks whether she can question him on his professional relationship with the McCanns, whether there is a confidentiality clause.
AP says he anticipated this question and talked to the McCanns before coming to Lisbon. He says the confidentiality is normal but the McCanns authorized him to provide information.

ID says the issue is the effect of the Amaral book and the documentary on the McCann family.
– Do you know of these?
AP says he read the book and has seen the documentary.

ID – In what circumstances did you come across them?
AP says it was very easy. The documentary was on YouTube and Kate McCann sent him a translated copy of the book.

ID – This book had great impact on Kate, Gerald, Sean and Amelie McCann. Why? Can you explain?
AP says that, in order to understand the effect of the publication of the book on the McCann family, it is necessary to understand something about this family.
In the first 12 months after the abduction (note: he always speaks of "abduction"), the most dramatic episode of their life, the McCanns were in recuperation mode. In the first weeks they had all the symptoms of a family badly hurt, Kate McCann in particular. It was terrible for her to leave Portugal where she had been with Madeleine for the last time, very tough too to return home, to see Madeleine's bedroom, her toys, clothes, friends, etc.
The investigation was going on in Portugal and because they were so far away it was difficult to keep up with developments. For someone who experiences an abduction trauma, the most important aspect is information. Ultimately, the friends and the family helped considerably and the McCanns followed the advice of professionals concerning the twins. The McCanns worked with the twins' school and taking the circumstances into account the twins got on well. The routine after a time had returned and things had stabilised. Gerald McCann was involved in a research project while Kate worked on the search for Madeleine, supported her husband and took care of the kids, everything was functioning as best as could be expected given the circumstances
The publication of the Amaral book caused a bombshell. It was not so much the content of the book, but what one could deduce from it as the book had been published so soon after the shelving of the case. The famous secret of the instruction had been broken by the author of the book. There was a feeling of dire frustration and helplessness, the McCanns could speak to nobody, they had been told so.

ID - How did the book speak whereas they weren't allowed to?
AP – It suggested Gonçalo Amaral and the PJ had relationships before the shelving.
AP doesn't understand how the book could be published, considers that it was a violation of the secret. The fact the book was written by a police officer gave credibility to the book. When, 14 months after the abduction, the McCanns found out about the content of the book and its conclusions (a simulated abduction), their anxiety increased. The McCanns started to worry about public opinion in Portugal, if people thought Madeleine was dead, they wouldn't look for her. Since it was then accepted that the greatest chance of finding Madeleine was still in Portugal, that possibility declined significantly if the public believed her to be dead.

(Then something unexpected happened. Alan Pike asked if he could use notes that were on his iPad.
The judge said "yes of course" but when it became clear that Alan Pike was going to read extracts from the McCann book "Madeleine", the judge instructed that he couldn't read the book to the Court.)

AP says the activities and reactions of Gonçalo Amaral were unpleasant and distressing. At that time it was very difficult to tolerate his campaign of trashing the McCann's reputation.

(AP repeats, repeats what he has already said. It is not clear why he needed his iPad)

AP says Kate McCann passed days in a terrible state because of the injustice of the book. She was hurt and angry.

(The judge asks whether he recorded this information and then repeats them.)

AP says these are things Kate told him when he asked her. When he had regular contact with them he realised that the McCanns feared that nobody would now look for Madeleine in Portugal. They were at that time also very much concerned with the translation of the PJ files.

(AP says he must read his notes. He reads.)

AP – They received information from Portugal in the summer of 2008 about the Amaral book, the support it had, the TV shows... That created a great distress. Nobody in Portugal challenged the conclusions of the book, whereas the judge (note; he means the AG) said there was no evidence they were involved. So how could Gonçalo Amaral arrive at the conclusion he did? Nobody challenged him.
The McCanns decided to do nothing at that time and concentrate on the most important thing which was the search for Madeleine. They hoped the publicity around the book would diminish slowly with time. But in 2009 Kate told AP about a documentary based on that book. A friend in Portugal had told her about it and said the conclusions were similar. When Kate watched the film, AP remembers she was even more devastated. He says this was the secondary trauma.
The secondary trauma is sometimes more violent, more rooted and more extreme than the original trauma. It is more difficult to cope with. (note: this notion of "secondary trauma" will be invoked a few times afterwards by the defence lawyers, likely in order to understand it better).
The family was disappointed and angry, in Portugal the people would stop searching for Madeleine. Kate was in such a bad state that Gerald had to quit his job for some time to care for her. In the summer of 2009 Kate was not well at all as a direct result of reactions to the documentary. She was helpless; she said she'd prefer not to be there. She was anxious (he thinks he's the only one with whom she shared), that is when the idea of an action against the book in Portugal first arose. There was an injunction, the book was banned, but even so the book was available on the internet in the UK, there was also much publicity about it consequently the doubts of their involvement had spread to the UK.
The book surprised Kate who lived a normal life of a mother, doing shopping, driving the kids to school, chatting with other kids' parents, etc. Most people in Portugal and an increasing number in the UK were also convinced by Amaral's theory. Kate feared her closest friends would be convinced too. This also contributed to the secondary trauma.

ID – What did you mean when you spoke of the book and the secrecy of the instruction?
AP – It was impossible for Gonçalo Amaral to write the book without inside knowledge about the process before the shelving of the investigation. They saw that Gonçalo Amaral managed to obtain inside information and that worried them.

2) Defence lawyers.

a) TVI lawyers’ questions.

TVI – When you referred to notes, did you mean Kate McCann's diary or book?
AP says "both".

TVI – Have you read "Madeleine"?
AP says he did.

(The TVI lawyer wants to know what "Madeleine" is about. The judge says the facts to be examined by this court are listed and this issue isn't part of it.)

TVI – Do you know who put the documentary on YouTube?

(The judge overrules again, saying it is off topic.)

b) Guerra & Paz's lawyer's questions

GP – What exactly is your profession?
AP answer he is a Crisis Counsellor.

GP asks whether he is a psychologist?
AP says he has some competences in psychology (psychology was one of the elements in his degree).

GP asks again "are you a psychologist?"
AP says no.

GP asks which tour operator contacted him
AP says it was Mark Warner.

GP – When you were contracted and came to Portugal, was it because of a trauma situation? Which situation?
AP – A little girl had been abducted, the family and friends needed support.

GP – Are all your actions around the disappearance of Madeleine?
AP says yes.

GP - Between the 3rd May and September 2007 you accompanied the McCanns. How? On the phone, being present?
AP says he saw the twins; he had contact many times a day (implies went to and fro).

GP – You said it was Kate who provided the book for you?
AP – Yes, she sent it to me.

GP – It was translated by whom?
AP doesn't know.

GP - asks if AP understands Portuguese.

(The judge overrules question saying that it's clear AP doesn't speak Portuguese.

GP asks another question which is overruled because it is related to British Justice.)

GP - asks if the constitution of the arguido status created a secondary trauma.
AP says the McCanns were confused about not having been made arguidos sooner, because it was quite normal in an investigation for people close to the victim to be investigated first. He says they expected it.

GP suggests (as her question wasn't answered) that AP consult his notes since he saw the McCanns before and after they were made arguidos. Has he notes about his sessions with Kate when she was an arguida?
AP says that being made an arguido wasn't traumatic, but the things that were said, the way to interview them were.

GP – Can it be considered as a secondary trauma?
AP says it is a continuation.

GP – Do you know if the fact of being made an arguido was related to the suspicion of some crime?
AP says he knows some facts, they weren't surprised.

GP – What is the difference with the book?
AP doesn't understand.

GP repeats her question.
AP – They were surprised with the book because the final Report said they were innocent.

GP – Have you read the final report?
AP says "no".

GP – How do you know then what its conclusions are?
AP says the McCanns told him.

GP says the investigation was closed because of lack of evidence in respect of what the actual crime was. How did this affect the emotional state of people?
AP – They were disappointed the case was closed. This meant than the case might never again be investigated. However, they were relieved that they were no longer considered to have been involved; they were no longer official suspects.

GP says that the final Report states that there is no evidence, neither positive nor negative. Can you speak about the speculations concerning the case?
AP says there was much human interest in this case. Everybody had an opinion about it. He says it's like when there's a football match (note: a similar comparison in Ms Stilwell's statement on 20.09.13)

GP – In what way is the publication of this book different? What kind of secondary trauma did it lead to? Did the opinions of the world favour the book or not?
AP says that the difference lay in 1) the importance of who wrote the book and 2) the violation of the secrecy of the instruction as the book was published very quickly.

GP – The McCanns said they didn't believe the book was written in 3 days?
Do you know if the book was publicised before the final Report was released?
AP says "yes", was aware the book was going to be published.

c) Gonçalo Amaral lawyer's questions

SO – About your competences and professional capacities, what does a specialist of trauma do?
AP says he works with groups, families and individuals.

SO – Is a disappearance a trauma?
AP says "yes".

SO – Did you advise the McCanns to promote news of the disappearance using the media?
AP says it wasn't his advice. The McCanns were advised by an organisation which specialises in missing people.

SO – What part does excessive publicity play in primary trauma? Does it increase the stress and the anxiety?
AP – Yes it does.

SO – Do you know the importance of publicity in the case?
AP – says yes, I know, I was there.

SO – Would you agree it doesn't favour recuperation in the long term?
AP – The media are useful in the beginning.

SO – The motivation was to find the little girl?
AP – Yes, it was to look for her.

SO – Is it not true that the principal factor of the secondary trauma was because the McCanns were considered suspects?
AP – No.

(The judge now explains that "suspect" is different from "arguido". "Arguido" means there are indications that will lead a person to have to defend her/himself. It's a statute created for the defence of the person. "Suspect" means a hypothesis is formed about someone.
The judge repeats that which AP had already indicated and that was if the McCanns hadn't been investigated as suspects then they would have thought the investigation was incomplete.
There is now a long debate between the judge and SO. SO says he has to insist because the witness uses too much hearsay in his responses. The judge points out that there is no need to repeat the same question over simply in order to see if the answer will vary.)

SO – Was the fact that they were considered arguidos the principal reason for the secondary trauma?
AP says "no".

SO – You said psychology was one of the elements comprising your degree, does this allow you to give evaluation of psychological situations?
AP says "yes". The Social Science degree he has permits it.

SO – Did you have contact with the McCanns in the UK by phone e-mail?
AP says yes, between 2011 and 2013.

SO – So what occurred between 2007 and 2011?
AP says he saw the family regularly in their home or in his office up to 2009. Thereafter only when they contacted him.

SO – For support or psychological evaluation?
AP – Support.

The judge (Maria Emília de Melo e Castro) is now asking

MC – For how long have you been in this line of work?
AP – I started in 1993. I have been working for the institution for 7 years.

MC – In which situations have you worked?
AP – Families with domestic violence, maltreatment, children taken from their families (this is a bit like grieving), families who have lost a child. He works for the UK organisation called "Missing People".

MC – Which strong negative feeling did Kate McCann report to you in the summer of 2009?
AP – She was afraid, she wished she wasn't there; she talked of killing herself as an option.

Continues...







Libel Trial McCann v Gonçalo Amaral - Day 3 Witness No 2
 
The testimony as it happened...
(19.09.2013, 12:45 pm) João Melchior Gomes via video-conference. He retired (November 2010) but has the title of Deputy Attorney General (AG) and is addressed as Procurador Geral Adjunto. He must nevertheless swear to tell the truth (but no bible and no gesture). He is the (only) person who effectively signed the AG Report.
 
The judge asks him if he is aware of what the court is judging.
MG responds that it is a trial against Gonçalo Amaral.
 
The judge reminds him that there are three other defendants in the libel case and asks what MG's involvement in the investigation amounted to.
MG says that in September 2007 he was charged with the task of supervising the work of the Procurador da Republica, José de Magalhães e Menezes. He was then in Evora as Deputy AG but also visited Portimão and Praia da Luz a number of times. He had two contacts with Gonçalo Amaral. The first was related to the intervention of the British cadaver dogs (Eddie and Keela) and the subsequent forensic analysis of samples. The second was through Guilhermino da Encarnação, the PJ Director in Faro, they had a meeting with the investigation team in Portimão.
 
The judge asks whether his relationship with Gonçalo Amaral was personal or professional.
MG answers "only professional".
 
1) McCann family lawyer, Isabel Duarte, is the first to question the witness.
 
(ID explains that the issue at stake is the effect which Goncalo Amaral's book had following its publication in July 2008.) 

ID asks whether MG is aware of any developments subsequent to the release of the AG Report which could have led to the reopening of the case.
MG says no new element emerged which the Public Ministry was aware of. There was information received but it was found to be irrelevant to the case. That was the situation at least up until November 2010, when he retired.
 
ID asks if the AG Report reflects the results of the criminal investigation up to July 2008.
MG answers that the Report is based on evidence (elementos de prova) gathered by the PJ, GNR, etc. and also, by Leicestershire Police and others in the UK, He says that thousands of people were contacted.
 
ID – Was all the information made available to the public?
MG says "yes", except for documents relating to people investigated or convicted of sex crimes.
 
ID – Are the facts mentioned in his book (Amarals) and in the documentary part of the investigation?
MG says he didn't read the book nor did he watch the documentary.
 
(A momentary silence envelops the court room. ID then states that, if that is the case then she will refer to the PJ Files 2587-2602 (Vol X) dated 10 SEP 2007 (Report by Inspector Tavares de Almeida). She doesn't have a copy of the documents however and neither does the Judge. The Court clerk hurriedly exits the Court in an attempt to find them.)
 
ID – The book and the documentary are based on the conclusions of this Report, do you remember it?
MG says he doesn't. He says that the first formal meeting he was part of was on the 12th September 2007. He says that intermediate Reports were signed by Magalhães e Menezes. He knows that Tavares de Almeida for some reason ceased collaborating.
He says his confidence is in the AG Report and he doesn't see any reason to alter its findings. He can only say that it was written in close collaboration with Magalhães e Menezes.
He remembers it was never understood at the time however how Robert Murat became a suspect merely on the basis of a British journalist's statement.
 
ID – But Robert Murat isn't "autor" (plaintiff)!
 
2) Defence lawyers.
 
a) Guerra & Paz's lawyer's questions
 
GP – Was it normal to nominate another Public Prosecutor to supervise the process?
MG observes that he was nominated as Deputy AG.
 
(Meanwhile the Court clerk is back with a few CDs saying she found no paper copy of the Report. The Judge says she doesn't see the point in any event)
.
The judge (Maria Emília de Melo e Castro) is now asking
 
MC – Therefore the content of the DVD doesn't include all the files?
MG says that files relating to sex offenders and those involved in sex related crimes were suppressed.
 
MC – Can we conclude therefore that, except for the identity of certain persons who were ruled out, a complete copy of the PJ files was released to the public?
MG hesitates a few seconds and answers "yes".
 
Evidence ends.






Libel Trial McCann v Gonçalo Amaral - Day 3 Witness No 3
 

The testimony as it happened...
 
(19.09.2013, 14:45pm) Alípio Ribeiro via video-conference. In 2007 he was the National Director of the Polícia Judiciária (PJ). He left the PJ in May 2008, i.e. before the end of the investigation and obtained the status of Deputy AG (Procurador Geral Adjunto). He now works as a Ministry Inspector.
 
The Judge, Maria Emília de Melo e Castro, asks him if he is aware of what the court is judging?
AR says he knows through the media.
 
The judge asks about his knowledge of the case?
AR says that he was aware of it, but had no part in it since that responsibility fell to the Faro PJ Director, Guilhermino da Encarnação. He says he is aware of the content of the AG Report only through the media.
 
The judge asks whether he has met the McCanns?
AR says "never".
 
The judge asks if he knows Gonçalo Amaral?
AR says he knows Doctor Amaral (sic), but had rare contacts with him and exclusively on a professional basis.
 
1) McCann family lawyer, Isabel Duarte, is the only lawyer to question the witness.
 
ID asks whether AR read the Amaral book?
AR answers "no".
 
ID asks whether AR watched the documentary?
AR answers he did not watch it.
 
(Nobody has anything further to add.)

Evidence ends.



 

Libel Trial McCann v Gonçalo Amaral - Day 3 Witness No 4

The testimony as it happened...
 

(19.09.2013, 15 pm) Cláudia Nogueira, Managing Director of the Portuguese Public Relations and Communications Company, Plus - People Development.  From 2009 to 2011 – she was the Executive Director of the Portuguese private agency Lift Consulting, a Company engaged by the McCanns.
 

Her relationship with the couple was initially professional but with time it became personal. She knows Gonçalo Amaral only "publicly" (they never had personal contact).
 

1) McCann family lawyer, Isabel Duarte, is the first to question the witness.
 

ID – Why did you leave Lift Consulting?
CN answers that the media pressure was too great and that her work in support of the McCanns was very difficult. They were very worn down.
 

ID – In the course of your profession did you have access to statistics?
CN said she had.
 

ID – Do you know if at least 2.2 million people watched the documentary in Portugal?
CN says she doesn't remember the exact number but she knows it was 50% of the audience share.
 

ID – Do you still work as a communication manager?
CN says she does. She says that people focused on this program, which is rare.
 

ID asks if the attention of social communication decreased afterwards. (note: she might have meant "care for Madeleine")
CN thinks there were thousands of news items about the Amaral book and documentary.  There were about 2000 for the book and about 1000 for the documentary.
 

ID – Were these news items suggestive of any other solutions for the case?
CN No unfortunately.  It wasn't well balanced. All the focus was on the book's conclusions.
 

ID – Did you try to offer a counterpoint?
CN – Yes, but the social communication wasn't looking for contradictions.
 

ID – Was the documentary copied in English on the Web without authorization?
CN says it was.
 

2) Defence lawyers.
 

a) TVI lawyers’ questions.
 

TVI – Did you know that TVI wanted also to broadcast the Channel 4 documentary (Emma Loach's one, "Madeleine was here")?
CN says she knows.
 

TVI – You said the attention associated with the book didn't diminish after the publication. Was that everywhere?
CN says she meant "in Portugal". She adds the attention was focused mainly on Gonçalo Amaral and this included the UK.
 

TVI – What about the news on the governmental support for the case?
CN – The news in Portugal were interpretations of the various facts.
 

TVI – But the facts never were clarified.
CN – They should have been.
 

TVI – But there are not many facts.
 

b) Valentim de Carvalho (DVD production/distribution) lawyer's questions
 

VC – Before 2009, were the McCanns clients of Lift Consulting?
CN says "no".
 

VC – Did they contract Lift Consulting in order to spread their initiatives and positions?
CN says they wanted to remind the public of the facts of the disappearance. They were trying to counter the propaganda and the theories that some newspapers were printing.
 

(VC says it's the first time he has heard such a thing)
 

c) Guerra & Paz's lawyer's questions
 

GP asks whether she did some research when she started to work for the McCanns
CN says "yes".
 

GP here refers to the Sept 2009 Providencia Cautelar (Injunction) that led to the ban of GA's book. She alludes to the fact there was a need for witnesses.
 

GP – You spoke of over 2 million people watching the documentary corresponding to 50% of the audience share, but MarkTest's published share was 23%.
CN says the content of some news was favouring definitively Gonçalo Amaral.
 

GP – Do you have a number concerning the news on sightings which mention the GA's theory?
CN says they're many, but she doesn't know how many.
 

(GP's lawyer asks to dictate a request. She observes the witness indicated an approximate number for the news reports about the book (see above, approx 2000). The witness couldn't say how many news reports were published in relation to sightings or leads to the whereabouts of Madeleine or which reported a summary of GA's thesis)
 (GP asks the Court to instruct the witness to produce the documents she refers to)


The Judge asks CN if she has access to these news reports.
CN responds that they are kept at the agency (Lift Consulting). She says she has only got a few documents with her.
 

The Judge asks if she will be able to get the others.
CN says she can.
 

(The Judge then agrees to give her 15 days to produce the documents)
(The judge points out that the issue under consideration is whether the attention of the media and the public decreased with the publication of the Amaral book. This is a question to which the Court will have to give an answer. Nevertheless the Judge doubts the documents the witness has will be helpful in this or would contribute positively in any way to the resolution of the case. However, since all parties agree, she agrees the request)
 (The Judge reminds the Court that there are two types of news reports:
•   Those related to the publication of the Amaral book.
•   Those related to the sightings, etc. that also mention the Amaral thesis of death and cover up.
 The argument being that the "sighting" part is good for the McCanns who try to communicate positive things while the other is counterproductive to the search.)
 

d) Santos Oliveira (GA lawyer) questions
 

SO – Was your job the transmission of information (to the media) or the management of the public image of your clients?
CN says it was the transmission of positive information about the issues concerning Madeleine.
 

SO – Were all your publications published?
CN – No, some weren't.
 

SO – You said to Dra. Isabel Duarte that the news concerning the book wasn't contradicted. You also said that the sightings news had a contradictory part. How do you equate all this?
CN says that when the news was about the McCanns, it was always contradicted. When it was on Gonçalo Amaral, it wasn't.
 

SO – How did you work on the news?
CN says she translated the British news in Portuguese and adapted it for the Portuguese public and the Portuguese culture. This was her job.
 

SO – Did the Amaral book not boost the debate on the disappearance?
CN answers "no".
 

SO – Did you read the book and think that whoever reads might think that GA speaks the truth?
CN says she read the book.



Evidence ends.








Libel trial McCann v Gonçalo Amaral - Day 4 Witness No 1


(20.09.2013 10am) (The session starts with a request from the defence concerning a plaintive witness, the President of the Bar Association (bastonário da ordem dos advogados) since 2008, António Marinho Pinto (MP) who was supposed to give evidence this afternoon.
MP was cited as a witness in the libel writ but in January 2012 determined that he would submit a written statement, which was his privilege as bastonário. He was however obliged to inform the Court of his intentions.
On the 20th January 2013, MP declared his wish to waive his right to make a written submission and declared that he would be present to testify in the court room.
At the last minute, MP let the lawyer for the plaintive, Isabel Duarte (ID), know that he had changed his mind. He now wished to deposit a written statement on the basis of his privilege. This change would bring his written statement late to the proceedings and would not afford the defence an opportunity to properly consider his evidence or to put questions to him regarding same.
The judge said MP should have revealed his intention during the 10 legal days so lost his right because he didn't do so. It now falls to the lawyer for the plaintive to ensure that MP appears personally in order to be examined in the final allegations session.)
 
10:30pm The testimony as it happens...
 
The first witness of the session is Michael Wright, an administrator, whose wife is Kate McCann's cousin. He has known Kate since she was ten years of age and Gerald McCann since 2001. They used to have regular contact.
He went to PDL in May 2007 and many times during that summer (10 weeks). Since the McCanns returned to the UK, he visits them regularly. They spent the first Christmas without Madeleine together. He tries to give them some comfort and calls or e-mails or sends sms messages at least once a week.

The Judge asks how regularly he had contact with the McCanns in the period from 2008-2009.
MW says he saw them once a month. He adds he was monitoring e-mails that came to the Madeleine site.

The Judge asks whether he read the book of Gonçalo Amaral.
MW answers he read a translation on the internet.

The Judge asks "when".
MW Very shortly after the book was published.

The Judge asks whether he watched the documentary on the same theme.
MW says he did on the internet.

The Judge asks whether he knows the author of the book.
MW says "only by hearsay".

The Judge asks whether his family relationships will influence his testimony.
MW answer "yes".

The Judge asks whether it will prevent him from telling the truth.
MW says "no".

1) McCann family lawyer, Isabel Duarte, is the first to question the witness.

ID - We are here to analyse the effect on the McCann's family life of the publication of GA's book and the documentary inspired by this book. Can you tell the court what you know about this?
MW After the lifting of the arguido status they (the McCanns) were well, though no authority was searching for Madeleine any more. It was very important that people looked for her in Portugal. According to the book they were somehow involved in the disappearance of Madeleine. Therefore the book hampered the search for her.
(ID interrupts MW because she can't hear him (there's a motor outside, perhaps cutting the grass). ID makes known the lines of questioning she intends to pursue but the Judge reminds her that witness statements which are off topic will not be permitted)

ID - asks whether the investigation was hampered because of GA's book and an article in the Correio da Manhã (Portuguese Morning Post newspaper).
MW says it's what he understood.

ID - What happened when the files were released?
MW The McCanns had to have them translated in order to study them. They had to lead a campaign to motivate the public to search for Madeleine.

ID - Do you know whether there was an end to the investigation?
MW It was public knowledge that the investigation was stopped.

ID - Did this event occur because of the publication of the book?
MW The content of the book was conflicting with what was in the files. He says he would be speculating if he answered the question.

ID - Don't you have knowledge of this direct relationship?

(The Judge interrupts and asks whether the book was published before or after the archiving of the files)

MW says it was after.

The Judge – Then how could the book interfere with the investigation?
MW stays silent.

The Judge repeats the question.
MW says it didn't but it interfered with the following investigations made by the private investigators hired by Kate and Gerry.

(The Judge overrules ID who wanted to know how the book influenced the McCann investigation.
ID starts asking if because of the.... but the Judge overrules again arguing she reveals the answer in the question. She adds that questions should be asked in an appropriate way)

ID - In which circumstances did the McCanns learn about the book and the documentary?
MW says they knew before the shelving of the case, that a book would be published. About the documentary, they were told it had been broadcast on TV in April 2009.

ID - When did they read the book and watch the documentary?
MW – They read the book when I sent them the translation that was on the internet in August 2008. They heard about the documentary in March/April 2009. There was a big campaign in Praia da Luz, they needed people to support them and the documentary had a negative effect on that.

ID - When they learnt about it, how did they react? Was it sadness or pain? Were they socially and professionally affected?

(GA's lawyer, SO, interrupts asking the Judge to ask the witness what is the paper he is reading)

MW says that they are notes about feelings, etc. to remember.

The Judge asks what is actually in the notes.
MW repeats that it is to help him remember feelings and special contacts.

(SO dictates the court clerk a request for a copy of the paper listing feelings is joined to the process for appreciation by the court.
GP's lawyer completes quoting the Law that insist on the importance of testimonies being spontaneous.
ID protests arguing the witness has the right to have notes with dates and facts. She asks that only the Court checks the paper.
The Judge concludes saying the witness himself says the notes concern feelings and contacts with the McCanns, which might cast doubt upon spontaneity, moreover because the witness is part of the McCann family. She concludes it's important to clarify totally what these notes are in the interest of the witness' credibility.
The Judge asks the court clerk to make photocopies (note: it's an A4 page, with parts underlined in green).

ID - resumes her question about the feelings that the book and the documentary provoked.
MW When the book was launched, the McCanns were trying to launch a campaign and their own proper investigation. The contacts they had in Portugal said the publicity about the book was huge and that there was also some publicity in the UK. This provoked much distress in the family.

(The court clerk comes back with a lot of photocopies and distributes them to all. ID asks for a recess in order to read the document. Everybody reads.
ID observes the notes are on stationary paper. She asks the witness where that paper comes from. The witness answers that it's from the hotel where he stays. He took notes to help his memory)

ID - When you speak of the stress and the anger, how was this expressed in the behaviour of the McCanns?
MW When the book came out, the reactions were of much anger. Kate was upset and cried. She felt Madeleine was betrayed.

ID - Why?
MW - Because of the thesis of the book according to which Madeleine was dead and her body had been concealed. At the time they were very keen to re-establish a normal family life, Gerry was working again full time and they were starting a campaign. The stress increased between the book and the documentary in March/April 2009. They were preparing a new campaign before the second anniversary. Anger and anxiety overwhelmed them because of the documentary. He says there always was activity on the internet (e-mails...) but they became very subdued.

ID - What does "negative e-mail" mean?
MW says it refers to all sorts of conspiracy theories that appeared on various forums.

ID - asks if the witness can name some of these forums.
MW The 3 Arguidos and Madeleine Foundation. He says Tony Bennett invited Gonçalo Amaral to do conferences in the UK. These forums were full of speculation focused on GA's conclusions. People said those conclusions must be true because GA had been in charge of the initial investigation.

ID - When?
MW – Activity was increased and heavy in March/April 2009.

ID - Did the McCanns learn about these forums? How?
MW They learned through me, the family members who monitored the activity and their support group. I wondered whether it was worse to let them know or not to. I didn't want to add up to their pain, but a significant change happened. There were several instances of threats to kidnap the twins on the 3 Arguidos site. Then I couldn't but speak. There was a chat where a poster suggested someone should kidnap a twin to get to the truth.

ID - Is this dialogue on the forum? Can you get a copy?
MW says he has a copy and can deliver it.

ID - asks if it's possible to put the paper copy on the internet?
MW thinks the 3A doesn't exist anymore. He says the McCanns took action against this threat and against the Madeleine Foundation. The main page of MF had the 5 conclusions.

ID asks whether he has a copy.
MW says he has screen shots. He adds he had to tell his cousins about the threats. They reported them to the UK police (Leicestershire Police). He was visited by a police officer on the matter.

ID - Was a process formally investigated?
MW had only one contact with the police. He doesn't know what happened afterwards.

ID - What consequence did this have on the McCanns family life and in particular that relating to the twins?
MW Around the time of the negative e-mails and threats, which was when they tried to launch the campaign, we went away for the second anniversary with Kate and Gerry to a remote house in the countryside. Anniversaries and Christmases were never very good. But in 2009 it was horrible. When they arrived at the cottage, they heard through friends they had in Praia da Luz that the 10,000 posters they had distributed and put up in the Algarve had been ripped and torn. Their friends had called them on the phone to say it was awful and that there were some people who were saying that the child was dead.
The fact that people in Praia da Luz believed the conclusions of the book was terrible for them because they were already depressed. It was a time of great anger and sadness. During the week-end we talked about the effect of the book.

ID - What did they say?
MW That was the first time I ever heard Gerry say he couldn't manage going on any more. I never heard him speak that way before. It was an upsetting conversation.

ID - Why?
MW He and Kate are incredibly strong. They had been dealing with it all for two years. There had been the media backlash when they were made arguidos. But they always left the rest of the family and the helpers out of it. Now Gerry was saying that it was too much to carry on. It was a great shock for me. It was at the end of a night. The following day Gerry said he had no choice. I wondered how much more they could take.

ID - How did the revelations of that week-end evolve?
MW says he had a similar conversation with Gerry about being down because people believed Madeleine was dead.

ID - Did they feel deeply ashamed at being considered responsible for her death and the concealment of her body? Did they feel like cowards?
MW says "no, because they knew the truth". However he saw how Kate changed last week in Lisbon and how she couldn't smile or properly relax. She couldn't have come on her own because she feared people think they are responsible. Her behaviour in Portugal is very different.

ID - In what way was the relationship between the parents and the twins influenced?
MW The threats made them more vigilant, in particular when they started to use the internet at school or at home. Amélie googled her name and told Kate and Gerry she had found a site, Madeleine Foundation, which was at the top. So they realized they had to control the use of the internet.

ID - Did she find internet pages related to the book?
MW believes so, a page with the conclusions of the book. Ah but he doesn't know whether she opened the page. He says in the future they'll search and they'll find that her parents killed (sic) Madeleine.

ID - Is that a daily pressure on the McCanns?
MW is not sure he can answer that. He says that probably their friends as the friends of his children comment on this at school. It's inevitable they'll know the conclusions.

ID (seems not to have understood) repeats – Is it a daily pressure for the couple?
MW No.

ID - Is Kate depressed?

(The Judge overrules, saying this is a question for a doctor)

ID - Have you read the criminal investigation Report?
MW says he didn't read it all, he read the conclusions

ID - Do the facts reported by Gonçalo Amaral in his book and in the documentary correspond to the facts of the investigation?
MW says "no", in no way.

ID - Why?
MW The PJ Report made after Gonçalo Amaral was removed from the inquiry and after the McCanns were made arguidos concludes that there was no evidence that they were involved.

ID - This means that the book doesn't correspond with the investigation facts?
MW The thesis that Madeleine died and the parents concealed her body contradicts the AG Report which led to the lifting of the arguido status. His understanding is that the PJ files say that Madeleine could be dead but there was no evidence that the parents were involved. This is contradictory with the conclusions of GA's book.

ID - Is it the same with the documentary?
MW says "yes".

ID - Was this documentary subtitled on the internet?
MW knows it was published on the internet with subtitles in English.

ID - Do you have anything else you wish to tell the Court within the questions that you have been asked?
MW says that, in terms of impact on the family, he saw in 2009 an e-mail from a British broadcaster, Channel 5, which offered Gonçalo Amaral €80,000 for an interview. He adds that Kate's reaction was that it confirmed that all this had to do with money and not justice.

(ID wants to know more... but the Judge overrules because it's not known whether such an interview occurred)

(It is 12:30, the interpreter is tired, the Judge suggests a 5 minutes recess, but the interpreter wishes more time. The Judge then decides to bring the proceedings to a close for lunch and resume the session at 1.45pm)

(Everybody is in the Court room by 1.50pm, the Judge arrives at 2pm)

2) Defence lawyers.

a) TVI lawyers’ questions.

TVI - Have you watched the documentary on TVI?
MW says "no", he watched it on the internet.

TVI - How do you know it is the TVI one?
MW says he's sure as much as he can be

TVI - Why? Did it have the TVI logo on it?
MW says he doesn't remember.

TVI - Before the publication of the book and the broadcast of the documentary, were there opinions and e-mails that weren't usual, normal, that were different?
MW says there were very scary internet chats and e-mails that speculated, but not only on the McCanns. He said that what changed is that the e-mails became more specific.

TVI - Is Gonçalo Amaral's theory widely known, is it known everywhere?
MW says it is.

TVI - Does almost everybody know his theory?
MW says a great number of people know it. Any person who knows about the McCanns know the theory of Gonçalo Amaral.

TVI - Just the people who are interested in the matter?
MW Yes, the documentary and the book are very well known everywhere in Portugal and in the UK.

TVI - One of the main preoccupations of the family was that, when the book was launched, they were preparing a campaign...

(The Judge overrules)

TVI - They were collaborating in the realisation of another documentary, theirs. This documentary wasn't broadcast by TVI, in spite of the agreement between TVI and Channel 4.
MW says they decided it wasn't appropriate to broadcast their documentary on the same channel that would broadcast GA's documentary.

TVI - Who are "they"?
MW asks in what sense, then understands and says "Kate and Gerry".

TVI - Were these negotiations for the broadcasting of the Channel 4 documentary before the Amaral documentary was broadcast?
MW says he doesn't know.

The Judge asks whether, before the book was published, they were speculations on forums.
MW says they were many strange, bizarre speculations on who was involved, on the family, on supporters.

The Judge asks whether there was speculation on the cover up of death.
MW Some people, but very limited. Some e-mails would say that Kate was this and Gerry was that, and so on.

The Judge asks from where came the information that fuelled this speculation.
MW says that information was accepted because it's normal to suspect the family in cases like this. People e-mailed to (Madeleine's) website with this idea.

The Judge asks did these rumours have something to do with the arguido status?
MW sighs. He says that, as he was monitoring the e-mails, he observed an increase in speculation. But when the book was launched there was a huge increase of a specific nature.

The Judge – What did the people conclude from the arguido status?
MW stays silent. Then he says there were e-mails saying it confirmed what they suspected, but the e-mails with specific threats only occurred after the book was published.

(AG's lawyer now criticises the translation offered by the interpreter, he says the answers don't correspond with the question)

The Judge asks can you explain why the arguido status didn't provoke many e-mails.
MW says it's very common and normal that the parents are the first suspects. He adds that being arguidos wasn't a preoccupation for the McCanns.

The Judge asks if he has any idea what led to them being made arguidos. Was it because the parents are the first suspects?
MW says "yes".

The Judge asks wasn’t there something during the investigation that led to their constitution as arguidos.
MW Not particularly. He adds he wasn't involved in that matter.

The Judge states that two facts were established:
1) The British police dogs detected the scent of human blood and also that consistent with a cadaver bring present.
2) These dogs detected the smell of human blood in the car rented by the McCanns.
The Judge asks whether these facts are of general knowledge in the UK.
MW Yes, they were, in 2007.

The Judge asks whether it was only before the shelving.
MW says there was speculation at the time, but analyses after the release of the files showed there was no conclusive evidence one way or another.

The Judge agrees but asks whether it wasn't the dogs that led people to speculate.
MW – Yes, the media speculated a lot at that time because there was a big coverage. But when the book was published it was worse because the files form a very great number of pages and the book doesn't. Then few people read the files.

The Judge asks whether the witness is aware the investigation wasn't conclusive?
MW sighs, and then adds that anybody who reads the files is aware of that, but those who read the files are few.

The Judge observes that if nothing happened since then, this shows that there's still no conclusion.
If some conclusion had been made, wouldn't someone have been accused.
MW objects that the book was published immediately after the release of the files and was written by a PJ Inspector. Moreover he says GA's book can be read in a day.

The Judge asks if people believe more in the book than in the PJ?
MW – Oh yes, absolutely! There were more newspaper reports on the book than on the files.

(TVI says that there were more documentaries than the GA one)

The Judge asks if the Channel 4 documentary had repercussions in the public opinion, in blogs, etc.?
MW We always had people who supported us.

The Judge asks whether this documentary changed the opinion of those who were convinced by GA's theory.
MW says "no". He says the Channel 4 documentary (Emma Loach's one) wasn't just to say that Madeleine should be looked for and she was alive. Channel 4 didn't conclude so. The point was to challenge the thesis of the book.

b) Guerra & Paz's lawyer's questions

GP - Do the British know the official investigation was inconclusive?
MW says the majority don't know.

The Judge observes that the witness keeps on saying that the conclusions of the Amaral book came on top of the Attorney General's Report. She wonders whether the people have knowledge that an official investigation exists. Are people aware that "we don't know what happened"?
MW – Some, yes. But most people think that Gonçalo Amaral's conclusions are true.

(ID intervenes asking whether the witness has knowledge of everything contained within the AG Final Report)

(The Judge interrupts and reminds that the witness had already indicated that he read the conclusions)

(Note: there seems to have been some confusion between the PJ and the AG final Reports)

The Judge – Did you read it all? Do you understand the arguments which led to the discarding of the dogs' results?
MW says he doesn't feel competent to answer. Why should he read it all if he knows the McCanns are innocent?

The Judge asks the witness if he remembers the reasons that lead to the discarding of the dogs' results.
MW thinks it had to do with Low Copy Number DNA. He says that without forensic corroboration the findings of the cadaver dog were only intelligence, they were not evidence of anything.

ID - asks if the average citizen is aware of this in the UK?
MW says the AG Final Report explains why the arguido status was lifted.
(The Judge states that the Final Report is evidence in itself and obviously not a judgement.)

(ID - insists that the witness gives explanations.)

The Judge asks if the UK public know the content of the technical descriptions that are in the Final Report.
MW says that anyone who is interested will find out.

ID asks whether the Ch4 documentary was promoted by the McCanns or was an initiative of Channel 4.
MW sighs. He doesn't know.

(TVI - Why, if things are like this – if people base themselves only on the conclusions –, a review in the UK...
Without waiting for a reaction, the lawyer says he withdraws the question)

(ID dictates that MW will deliver the documents he has, relating to the internet threats)

(VC criticises the selective choice of documents, with biased criteria)

(SO observes the documents must be elements of proof in the remit defined for the process. He thinks they have nothing to do with it. This forum 3A doesn't exist anymore and what is the legitimacy of the documents? He wonders also who were the authors of those blogs)

(The Judge concludes saying the documents can be delivered to the plaintiffs, but are irrelevant for the Court. She says the Court cannot bring to the process documents given by the witness to corroborate their own testimony. The plaintiffs can have access to the documents and use them as necessary)

(Therefore the Court doesn't have to notify the witness to deliver the documents. The Court also does not accept that a witness testifies with assistance from a document (she refers to the "memory help" paper on feelings).)
 
Evidence ends.

34 comments:

  1. JBS:

    "I’ve now read the Internet report from day 4 of the trial. I’m only going to give a few subjective comments here because there is a mass of critical material to analyse.

    Stunner

    I urge people to read the Michael Wright and Cláudia Nogueira testimony for themselves, even if they never read anything else from the trial. It is a genuine breakthrough and for that alone we owe Goncalo Amaral not just support but our profound gratitude: the proceedings are, for the first time, giving us evidence under oath to compare with the sanitised and dishonest versions of their activities and attitudes that the lying couple have provided in Madeleine, Facebook and their rehearsed interviews. They are laid bare.

    Speaking personally I almost lost my belief in the Portuguese justice system when the ambiguities of the archiving summary were followed by the cowardly but almost lethal ambush on a public servant plotted by the couple and Duarte for their own gain and protection.

    The evidence at the 2010 Lisbon hearings, the first breach in the screen of lies, (Archive Summary author Menezes: they did not tell the truth) was not reflected in the judgement. The young and inexperienced judge failed Amaral, failed the legal system and damaged Portugal's reputation..."

    Do read the rest in
    http://aninspectorcallsyou.blogspot.pt/2013/09/libel-diary-day-four.html

    ReplyDelete
  2. "ID dictates that MW will deliver the documents he has, relating to the internet threats."
    Translates into:
    - ID wants the court to accept what MW forgot to bring as evidence of the internet threat. Funny coming from someone that brought a written memory helper along with him...

    "VC criticises the selective choice of documents, with biased criteria."
    Translates into:
    - VC questions what criteria will be used to choose said documents. Will it be form a closed down blog or also from the other sites (forums/ blogs) mentioned? And will they be picked picked out of all context without any possible responses also published in the forum/blogs where the "picked" comments ?


    "SO observes the documents must be elements of proof in the remit defined for the process. He thinks they have nothing to do with it. This forum 3A doesn't exist anymore and what is the legitimacy of the documents? He wonders also who were the authors of those blogs."
    Translates into:
    - SO says as the internet threat has nothing to do with book or documentary the papers shouldn't be accepted.


    "The Judge concludes saying the documents can be delivered to the plaintiffs, but are irrelevant for the Court. She says the Court cannot bring to the process documents given by the witness to corroborate their own testimony. The plaintiffs can have access to the documents and use them as necessary."
    Translates into:
    - Judge slaps really hard ID' wrists. Says, pick up MW's documents and do with them whatever you want. Here they're not welcomed. Judge isn't interested in Internet threat


    "Therefore the Court doesn't have to notify the witness to deliver the documents. The Court also does not accept that a witness testifies with assistance from a document (she refers to the "memory help" paper on feelings)."
    Translates into:
    - Continuing the slapping with a touch of humiliation. No, the court will not ask for the papers AND the court will not accept MW using aide memoir notes. The court will disregard all MW said by reading to refresh his memory.

    ReplyDelete
  3. "GP - Do the British know the official investigation was inconclusive?
    MW says the majority don't know.

    The Judge observes that the witness keeps on saying that the conclusions of the Amaral book came on top of the Attorney General's Report. She wonders whether the people have knowledge that an official investigation exists. Are people aware that "we don't know what happened"?
    MW – Some, yes. But most people think that Gonçalo Amaral's conclusions are true.

    (ID intervenes asking whether the witness has knowledge of everything contained within the AG Final Report)

    (The Judge interrupts and reminds that the witness had already indicated that he read the conclusions)

    (Note: there seems to have been some confusion between the PJ and the AG final Reports)

    The Judge – Did you read it all? Do you understand the arguments which led to the discarding of the dogs' results?
    MW says he doesn't feel competent to answer. Why should he read it all if he knows the McCanns are innocent?"

    Of course! They're innocent so why read any of it?

    ReplyDelete
  4. Wright says the same as Hubbard: "But most people think that Gonçalo Amaral's conclusions are true."

    Why is that?
    Wasn't the McCanns that hired spend loads of cash on their image? In Portugal (Lift Consulting) and UK and Belgium (Hanover - Reputation, communications and public affairs)
    GA hasn't spent a cent on image marketing.
    So why do MOST people believe in Amaral and not in the couple?
    Why?!?!?

    ReplyDelete
  5. Lawyer suggests that bloggers could be anybody, including pro McCanns?
    Judge says plaintiffs - McCanns - can have the documents if they wish, but court won't issue them as part of evidence.
    These witnesses are not familiar with court procedures and arrogant enough to think they can do what they normally do - whatever they want!
    MW was very rude not to seek permission to refer to notes and you can't introduce new evidence as you go along.
    It needs to be submitted in advance, so other side have an opportunity to challenge.

    ReplyDelete
  6. "(The session starts with a request from the defence concerning a plaintive witness, the President of the Bar Association (bastonário da ordem dos advogados) since 2008, António Marinho Pinto (MP) who was supposed to give evidence this afternoon.
    MP was cited as a witness in the libel writ but in January 2012 determined that he would submit a written statement, which was his privilege as bastonário. He was however obliged to inform the Court of his intentions.
    On the 20th January 2013, MP declared his wish to waive his right to make a written submission and declared that he would be present to testify in the court room.
    At the last minute, MP let the lawyer for the plaintive, Isabel Duarte (ID), know that he had changed his mind. He now wished to deposit a written statement on the basis of his privilege. This change would bring his written statement late to the proceedings and would not afford the defence an opportunity to properly consider his evidence or to put questions to him regarding same.
    The judge said MP should have revealed his intention during the 10 legal days so lost his right because he didn't do so. It now falls to the lawyer for the plaintive to ensure that MP appears personally in order to be examined in the final allegations session.)"

    The Head of Lawyer's Bar doesn't know legal deadlines?
    First decides to have a written, then to testify and at the last minute ditches out by saying, much too late, that he wants to write again.
    Pity, I really looked forward to what he had to say. Would he bring up how he had Lawyer's Bar assist Aragao Correia against GA on Leonor Cipriano? Leonor Cipriano who was sentenced, in April this year, to further 7 months in jail for perjury in the case where her lawyer, Aragao Correia was was assisted by the Lawyer's Bar headed by Marinho Pinto.
    McCanns I strongly recommend that you revise your Christmas card list. Good news is that it seems that it's going to be much shorter this year.
    You can start cutting from it Pinto, Gomes and Ribeiro and the whole Lift Consulting people. And Aragao Correia.

    ReplyDelete
  7. It's brilliant that we can read what happened in the court room here and shameful that this is censored by the so-called UK press. From what I can read - the Judge is a saint for not throwing the whole case out the door!

    ReplyDelete
  8. ID and some witnesses(MW) trying to manipulate the court with selective material picked from foruns to support their own criteria? And what about the content of Pro Mccann Foruns/ blogs, media, where GA was verbally abused and treatned?
    If all the contents of blogs are brought to court, I believe the pro Mccann's will be champions on insults and treats, as our dear Insane is a good example

    And what about the judge talking about the dogs who find blood and signs of a human cadaver on Mccann's car? Not good for Mccann's defense.
    In fact for what I read up to now, this case against Amaral has no legs. The book was irrelevant when compared with the arguidos status, the PJ files and the media reports, stating what was coming from the investigation. That trial is what the portuguese call " caça às bruxas". The pro Mccann witnesses are showing their true rol on that case- they are there to condemn GA, no matter how ridiculous their statements could be... They don't read the files, but they know the conclusion is diverse then the one on the book because the MCCANN'S SAID SO. What is that? And they all start with a professional connection with the case and ended with a personal link to the Mccann's. Why? On which evidence they base the Mccann's innocence? Because they said, they are, or because all that guys have being payed by the Fund Madeleine for years and years without providing any factual reason to be payed? It is a good employement that one, of not having to actually work and just deliver convennient statements when asked to.
    I also like to know that was Mark Warner who contacted AP on the early days. Why? Why MW feels that this guy could be useful for the couple when the same couple refused the PJ official offer of a professional and experient Psychologist who could help them and the twins deal with situation? Papers at the time, reported that PJ considered the possibility of calling a worldwide known American psychologist with large experience on similar cases to help the parents and interrogate the twins. They refused.
    Wonder also, how MW knows they are innocent if he was not there when the events happen?
    I love their affiction with the papers.... Witnesses came to court with papers and IPADs to help their memory... The same behaviour had the Tapas 9 on the night the girl disappeared, few hours after the events. They wrote a timeline to remember something that should be spontaneous and fresh on every one memory. What a sick group.
    Wonder why MP did not show up. He will had to explain on which grounds he became witness on that case... Another sick guy, who use every case to promote himself, but I think, on that one he plays too much with the fire.

    ReplyDelete
  9. If there was a threat, which seems not to have been one, then only the Mcanns could make a complaint about the it.
    I think it's all nonsense. The threat against Kate, the jokey " bang " threat (very silly even though she said the person said she was just referring to starting gun), at London Marathon was reported, so why not this one.
    And if they had evidence as to it wouldn't they have brought it to Court? The printscreens and text of the threat would have been all over the news when it was "made" and it would be all over the the news right now and not "there was a threat because cousin Michael said so".
    What arrogance from MW
    What hypocrisy from the Brit press AGAIN and AGAIN. This lie should have been exposed if we had half-decent journalists with some sense of pride and INDEPENDENCE.
    Instead we have the tabloids propagating it as truth.
    What nonsensical world we live in.
    Pope Francis (isn't Kate a catholic?) is absolutely right, we do live in a world with one god, money.

    ReplyDelete
  10. Alan Pike needed his iPad to refresh his memory.
    Michael Wright needed written notes.
    Didin't these people know they were going to Court?
    And who needs to refresh their memories in Court? Only those that don't have memories they can recollect when asked.

    ReplyDelete
  11. What really is going to mess up with the twins minds is one day realizing that not only their parents but also the entire families (McCanns and Healys) have lied about their sister's death.
    How sad and loathsome.

    ReplyDelete
  12. The proof that the trial is not going well for the Black Hats is that they're doing their best to divert attention from it.

    Birch now saying that he now can finally dig up in Murat's. How opportune and as if anyone is interested.

    The totally absurd and literally far-fetched "substitute girl" story about Maddie not being Maddie on the 3rd ( undemining PJ Files and GA's book) is also starting to resurface.

    If this theory is so watertight, why not set up own blog about it where it can be discussed and not piggyback on other blogs and forums and getting them to look stupid.

    Desperate moves to show how desperate they really are to draw attention away from trial.

    We hope that all other blogs and forums maintain their focus on the trial and don't let themselves be distracted by this clutter bombing.

    As always we have our clutter-shields up and fully functioning and intend to remain focused.

    It is indeed going really badly for them.

    ReplyDelete
  13. I hope, one of the lawyers introduce on the trial the media subject. Why at certain point of the events, the media were gagged, manipulated and comments from the public were not allowed in all British papers and in some portuguese papers, while at the same time, comments were allowed on other articles, even on articles involving the name of GA? What was the criteria? Who decide that on the papers and under which grounds? Maybe, if comments were allowed on papers, the general public will not foccus on Internet or blogs, to express their opinion and indignity?
    Was the behavior of the media ( i believe forced by some dark forces which should be revealed to the general public because we are not living anymore on the dark time where inquisition and censor was a master) and the behavior of team Mccann, what raised suspicions on the public and start killing their aurea. It was their own fault, exactely again on desperation to divert the attention from " hot facts". Now, they are complaining against the monster they create and feed.
    Wasn't GA, PJ or the blogs, who threatned or manipulated paper editors to publish only what was convennient for the couple? Somebody with power or money have done it and still doing. Who and why? Other guys were trashed by the same media and related with same case, with absolute no reason for that. Hewlett, was just an example of a real person trashed and persecuted by the all group. The things just stopped because a German prosecutor put an end to the game.

    I hope a lawyer also bring to court a very important issue: why the Mccann's and their friends refused the reconstruction that could definetly clean their names and close all the mouths in the Internet or watever. While refusing the reconstruction, they lost an oportunnity to prove GA and PJ conclusions were wrong. Instead of proving their innocence with facts, they choose going to court and play dirty games such that trial. Is it a Karma for that couple to always choose the wrong direction and try to force us to believe that was the right one?
    Day after day, they are creating more antibodies on the general public. What a sick group. Poor Madeleine....

    ReplyDelete
  14. From JH:

    "Nereid wrote: Why the difference in his rogatory and his evidence in this trial?

    Rogatory:

    "My wife is Kate's cousin and I have KNOWN KATE SINCE SHE WAS 8 YEARS OLD. She used to spend holidays on Isle of Man where I lived. My wife's and Kate's families are quite close. I have KNOWN GERRY SINCE 1997 when he was going out with Kate before they married."

    Evidence:

    "The first witness of the session is Michael Wright, an administrator, whose wife is Kate McCann's cousin. He has KNOWN KATE SINCE SHE WAS TEN YEARS OF AGE of age and GERALD McCANN SINCE 2001. They used to have regular contact."

    Which is it Mr. Wright? Forgot to put it in your aide memoire, or was the aide memoire just for remembering feelings, and not facts?"

    ReplyDelete
  15. JH,
    Good point. That's why the guy need papers to refresh his memory. Simple facts show us the importance they gave to little Madeleine. He was not pressured by a police interrogatory and no stress at all. Why such confusion and mistakes? Because things were not experienced in real life, were stick with little glue and when you stick things like a parrot, you need papers,ipads and tools to keep you going. His evidence was ruinned by himself. Good job. And he wants to hand with copies strategically picked from foruns, out of the main context, to be used as evidences. What a joke. That shows the behavior of that group during all this years.... And the child belong to them. Seriously sick.

    ReplyDelete
  16. MW notepaper was from the hotel. Which hotel? Papers from hotels, normally have the name of the hotel on it.
    That remind me the photos of Madeleine provided by the group on the night she disappeared( all same and the paper was not available in PDL) and remind me Madeleine book used to write the timeline of the events and refresh their memory.

    ReplyDelete
  17. MW: "Amélie googled her name..."
    How old was she when she did this? She's what today? 8? So was 6/7 then? And was googling her name alone on a computer and then reporting to her parents that she had found a site called Madeleine Foundation?
    I decided to do the same and googled "amelie mccann". Browsed for 4 pages and no sign of Madeleine Foundation so gave up. Please try.
    Another super-kid!!

    ReplyDelete
  18. Anonymous Sep 24, 2013, 7:54:00 AM,

    Agree totally with you. The "threat" on Kate's life during the London marathon was all over the papers:
    http://www.dailystar.co.uk/news/view/309935/KATE-MCCANN-S-TWIN-FEAR/
    They even feared for the twins because of that threat.

    Internet threats are usually exposed in the press, such as:
    http://www.dailymail.co.uk/news/article-2380849/Twitter-trolls-vile-threats-rape-kill-TV-historian-Mary-Beard-female-MPs.html
    http://www.bbc.co.uk/news/uk-england-tyne-22839359
    http://news.sky.com/story/1083331/internet-troll-admits-threat-to-kill-200
    http://news.sky.com/story/1032511/missing-katrice-lees-mum-harassed-on-facebook
    http://www.dailymail.co.uk/news/article-2249350/Katrice-Lee-Sick-internet-troll-torments-family-girl-went-missing-30-years-ago.html#
    http://www.dailymail.co.uk/debate/article-2234973/Lord-McAlpine-Twitter-revenge-A-watershed-moment-mob-finally-taught-lesson.html
    http://www.dailymail.co.uk/news/article-2234615/MoS-reporter-secret-paedophile-pay-MI5-Not-really-ludicrous-claims-web-eloquent-argument-state-control-newspapers.html#ixzz2CZc5m5LT
    http://www.dailystar.co.uk/posts/view/276773/Sicko-April-Jones-site-axed-over-gossip-and-lies/
    http://www.dailymail.co.uk/news/article-2207013/Anonymous-Twitter-troll-plagued-Thomas-Cook-abusive-campaign-ordered-stop-tweeting-face-jail.html?ito=feeds-news
    http://www.thesun.co.uk/sol/homepage/news/4264486/Facebook-troll-taunts-mum-as-son-16-killed.html
    http://www.dailymail.co.uk/news/article-2127848/Louise-Mensch-Frank-Zimmerman-sent-chilling-email-Tory-MP-threatening-children.html
    http://www.bbc.co.uk/news/magazine-17399027

    Een some about the McCanns such as:
    http://www.dailystar.co.uk//news/view/321856/Trolls-target-Kate-McCann-over-missing-Maddie/
    http://www.dailymail.co.uk/news/article-2214167/April-Jones-Man-20-charged-posting-offensive-Facebook-comments-missing-girl.html#ixzz28eS6eQ2x
    http://watchingthetrolls.blogspot.co.uk/2012/10/these-sick-trolls-attacked-madeleine.html

    Now if there ever was a threat of the twins being kidnap wouldn't we have seen it all over the news? Of course we would. But did we? NO.

    ReplyDelete
  19. The BHs don't post the pritscreen of the kidnap comment because only an elite can see it ans is not for our eyes. Remember the Insane's blog? Somewhere in the darkness where only him and his friends had access? That's where the kidnap comment is...
    But if there was that printscreen it would be all over tabloid papers during the weekend.

    ReplyDelete
  20. MW, another super liar. His statement regarding Amelie googling her name, could be a joke if the case was not so serious.
    Why Amelie googled her name? What she wanted to find out? The psychologist said on day one that the Mccann's prevented the children to go to Internet. Then, who is lying?
    The trial just began and 2 Mccann's witnesses are already in contradition. They really need IPads and note papers to parrot their songs properly, but MW is the champion of nonsense.
    Did the girl read already so well to google such think and understand what was Madeleine Fundation? Any child at this age, if had access to internet, was to search games and play.

    ReplyDelete
  21. JBS, has a good article about MW on his blog.
    Why that guy went so early to PDL? To Help with what?
    Was he not working in UK at the time? If so, on which grounds got he a working leave to help the cousins in Portugal? Is that possible in UK without having damages on your career/ salary/ holidays?
    According to JBS, he had a fixed obsession with Mccann's garbbage V rented car. They want the police to believe the garbbage was stored/ transported in the car? How that behavior matches with a tide an perfectly clean 5A ( Mccann's apart) on the night Maddie disappeared? GNR photos, show well the condition of the flat and then....garbbage on the car. And that garbbage had human body fluids and human cadaverine? How, this fluids got there?
    MW, must be properly questionned in court about that. With paper notes or without, he have a lot to answer and explain about the garbbage on the car and his contacts with the media to set up a perfect environment for the Mccann's to play their victim roll instead of putting their energy on the search or in supporting the police with the duties that need to be done.

    ReplyDelete
  22. "The Judge asks if the Channel 4 documentary had repercussions in the public opinion, in blogs, etc.?
    MW We always had people who supported us.

    The Judge asks whether this documentary changed the opinion of those who were convinced by GA's theory.
    MW says "no". He says the Channel 4 documentary (Emma Loach's one) wasn't just to say that Madeleine should be looked for and she was alive. Channel 4 didn't conclude so. The point was to challenge the thesis of the book."

    So the C4 doc wasn't supposed to be their story as they lived what happened?
    Strange challenge where most of the documentary is centered on the couple and very little on what happened that night. Only 2 reconstructions, Tanner and the Smiths, and both not according to the Pjfiles. And a thrid one if you also count when Kate exemplifies in Rothley "the door as WE left it" right at the beginning.
    Going to the States to get the picture of a would be live girl that all know is dead was in very poor taste but was the main message that was pushed from that documentary.
    MW's answer to the question if Loach's piece of art had repercussions is a very clear NO because the people that always supported them didn't need the documentary to start doing so.

    ReplyDelete
  23. I don't believe there was ever a serious meaningful threat to kidnap the twins or and agree with the reasons various posters have put up as to why there wasn't.
    But imaging there was, where is the proof the comment hadn't come from a disrupter if it ever existed?
    I for one am one of those that proposed that the twins should have been taken away from the McCanns in 2007. By Social Services. If negligent for negligence, if obstructing justice for criminal behaviour.

    ReplyDelete
  24. When GA produced Lee Rainbow's 30 page report, written in June 2007, at his original book trial, it caused quite a stir, because the general public were unaware it existed. Rainbow is a senior criminal profiler in the UK and his report recommended that the McCanns involvement should be considered by the PJ.
    Another recommendation was that consideration should be given to interviewing the twins.
    I don't know if the alleged threat Wright referred to will ever be made known, but it's quite possible that someone made a tasteless but jokey reference to kidnap in order to see what the twins would say.
    Ironic humour is a difficult subject to handle. Best avoided in such sensitive matters as vulnerable children.
    But I did say alleged threat. As it was never reported in the press or Kate's book, I have my doubts about it.

    ReplyDelete
  25. Am Anonymous Sep 24, 2013, 6:08:00 PM

    Forgot to put this link.
    http://www.dailystar.co.uk/news/latest-news/248474/Vile-troll-s-warning-to-McCanns

    "Vile troll's warning to McCanns
    AN INTERNET troll warned over vile messages about Madeleine McCann’s parents last night boasted: “The only way to shut me up is to jail me or kill me.”

    By Tracey Kandohla/Published 29th April 2012

    Sean Hyland, 50, was cautioned last year over hateful remarks he made about Kate and Gerry McCann and their spokesman.

    But when we confronted him he vowed to carry on with his campaign of sick comments...."

    The tabloid didn't have any problem in identfiyng Mr Hyland as troll... but kept silent about a kidnap threat against the McCann twins? Don't think so...

    ReplyDelete
  26. "ID - Is this dialogue on the forum? Can you get a copy?
    MW says he has a copy and can deliver it.

    ID - asks if it's possible to put the paper copy on the internet?
    MW thinks the 3A doesn't exist anymore. He says the McCanns took action against this threat and against the Madeleine Foundation. The main page of MF had the 5 conclusions.

    ID asks whether he has a copy.
    MW says he has screen shots. He adds he had to tell his cousins about the threats. They reported them to the UK police (Leicestershire Police). He was visited by a police officer on the matter."

    Handing it over to Leicestershire Police? LOLOL
    That's like giving the big bad wolf the three little pig's address for their own safety!!
    Or to hand over the gold to thief to keep it safe!!
    In this case, to give evidence to the police force that has proven itself to be most involved in the cover-up. Ask Leicestershire Police if they received the printscreens and what will they tell you? "Yeah, we received them and we're investigating them"
    Oh this trial is a gem!!!

    ReplyDelete
  27. Espanha: Menina de 12 anos morta junto a Santiago de Compostela
    Pais detidos por homicídio da filha
    A mãe, advogada, e o pai, jornalista, adotaram Asunta, de origem chinesa, recém-nascida.
    In CM
    Por:F. J. Gonçalves, com agências

    "A Galiza está em estado de choque com o assassínio, no domingo, junto a Santiago de Compostela, de uma menina de 12 anos, Asunta Basterra. A mãe foi detida e acusada da morte da filha e o caso ganhou ontem contornos ainda mais chocantes, quando Alfonso Basterra, pai da vítima, jornalista, também foi de tido e acusado de homicídio.

    A mãe, Rosario Porto, advogada e ex-cônsul de França na Galiza, despertou suspeitas devido a contradições sobre o desaparecimento de Asunta. Disse, por exemplo, que deixou a filha em casa, foi fazer compras e buscar roupa a uma quinta em Montouto, a 3 km do local onde o cadáver foi encontrado. Quando voltou disse ainda que Asunta tinha desaparecido. Contudo, imagens de vídeos de segurança das ruas de Santiago mostram-na no carro com a filha numa altura em que, supostamente, a menor já estava desaparecida. As suspeitas aumentaram quando foi encontrada na quinta uma corda igual à que estava junto do cadáver da menina. Ontem, o pai da jovem também foi detido depois de ter estado com a polícia na quinta em Montouto.

    Asunta, de origem chinesa, foi adotada recém-nascida por Rosario e Alfonso. Segundo amigos, o casal, entretanto divorciado, adorava a filha."

    Mãe, detida por contradições. O que é que temos no caso Maddie? Oceanos de contradições. Infelizmente a PJ ainda não descobriu o paradeiro do corpo que poderia contar toda a história.

    ReplyDelete
    Replies
    1. ...as câmaras de vigilância das ruas (cctv)... oxalá as houvesse na Vila da Luz..."outro galo cantaria"...? Ou talvez não, já não digo nada, se calhar as imagens teriam o mesmo destino das "famosas" imagens de satélite pedidas pela PJ...só apontavam para Marrocos naquela data (3 Maio)...

      Delete
  28. journalist Jerry Lawton has just tweeted that Gerry McCann hopes to be a witness at continuing libel trial tomorrow

    ReplyDelete
  29. A message post in facebook to all 3 hours ago.

    If someone can translate to english...........Thanks.

    "Neste momento, é preciso recordar a decisão do Tribunal da Relação de Lisboa, que deu provimento ao recurso interposto em 2010, revogando a decisão do Tribunal de 1ª instância, considerando improcedente, por não provada, a providência cautelar interposta pelo casal Mccan contra a venda do meu livro “Maddie – A Verdade da Mentira”:
    “O livro ”Maddie – A Verdade da Mentira” – escrito pelo requerido Dr. Gonçalo Amaral, tem como principal motivação a defesa da sua honorabilidade pessoal e profissional…”
    “ O conteúdo do livro não ofende nenhum dos direitos fundamentais dos requerentes” (casal Mccan)
    “O exercício da sua escrita e publicação está contido nos direitos constitucionais assegurados a todos pela Convenção Europeia dos Direitos do Homem e pela Constituição da República Portuguesa…”

    ReplyDelete
  30. mc, here it is:

    "Right now, we need to remember the decision of the Court of Appeal of Lisbon, which upheld the 2010 appeal, revoking the decision of the 1st instance Court, considering it unsubstantiated, for not being proven, the injunction filed by the couple McCann against the sale of my book "Maddie - the Truth of the Lie":
    "The book" Maddie - The Truth of the Lie "- written by defendant Dr. Gonçalo Amaral, has as main motivation the defense of his personal and professional honorability..."
    "The content of the book does not infringe any of the fundamental rights of the applicants" (McCann couple)
    "The exercise of writing it and publishing it is contained in the constitutional rights guaranteed to all by the European Convention on Human Rights and the Constitution of the Portuguese Republic ..."

    ReplyDelete
  31. Many thanks about the translation .

    Have a nice weekend, You and all

    MC the genuine

    ReplyDelete
  32. Cara Maria Do Carmo, muito obrigada por ter publicado / relembrado aqui a decisão do Tribunal da Relação! Na minha modesta opinião é quanto baste para que este julgamento que agora decorre fosse anulado, eu não sou jurista, sou uma cidadã comum, e o meu senso-comum diz-me que estas palavras dizem tudo o que há para dizer sobre esta "farsa", este "travesti" legal a que os McCann têm submetido o Dr. Amaral:

    " O conteúdo do livro não ofende nenhum dos direitos fundamentais dos requerentes” (casal Mccan)
    “O exercício da sua escrita e publicação está contido nos direitos constitucionais assegurados a todos pela Convenção Europeia dos Direitos do Homem e pela Constituição da República Portuguesa…”


    Não podia estar mais de acordo, apoio e subscrevo!

    Um abraço para si,

    Rosa

    ReplyDelete
    Replies
    1. Bom dia e obrigada pelo abraço

      Eu limitei- me a copiar o que li na página do Facebook de GA.

      A ele devemos a obrigação de o apoiar.

      Este Cidadão de Portugal viu a Sua vida e a da Sua Família a serem destruídas pelas acções de um casal de UK.

      Delete

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