87/08.8JAFAR Amaral court case from 2008 now coming to a head.

BB1 From the date on the trial reference then he did start this back in 2008 for certain.

Crazytony Yes, I know the sentence was set aside but was the conviction set aside? I think in UK the conviction stands till the result of an appeal doesn't it? Not sure though.

Just thinking (no claim here to legal knowledge) about the situation I suppose if the alleged defamation took place before any conviction then at the time it could well have been classed as defamation even in this country never mind Portugal.

It looks as if Goncalo Amaral took this case out in 2008 knowing full well in his own mind that he had perjured but just hoping that the court would find him not guilty.

Having been proven to be a perjurer under Portuguese law he possibly wasn't able to withdraw this complaint because the authorities had taken it over. It seems the authorities are pursuing this claim from the details on the court diary site.

But surely now that he is a perjurer the only way for Amaral or his proxy, the authorities who are taking it forward, to actually proceed is to go over the whole case and effectively get the judge to rehear the original perjury case again. Otherwise how can he win? Unless he now just claims that the damage to his reputation was just for the few months before the conviction date.

This is getting confusing again. LOL

I am beyond confused, frankly.

Given that the PJ are now pursuing Cristovao and the others who were (allegedly, of course) involved in the torture of Leonor Cipriano - which was upheld as proven, let us not forget - it may be that the very last thing he wants is all this dragged up again.

Amaral and Cardoso's involvement in the cover-up was not only proven, it was upheld on appeal, so they are in an even worse position.

And what is Amaral's lawyer saying to all this? I thought the latest one was supposed to be some kind of legal genius, who was going to solve all Amaral's problems?

He seems to be getting in a worse mess by the day, from the little sense anyone can glean from this.

Maybe he is hiding from Cristovao?

This defamation trial, was only lodged January this year. First court date February 2012.
Marcos was informed 23 of December 2011. To be judged by a non-Jury court for criminal libel against the already convicted Gonçalo de Sousa Amaral!

Amaral was sentenced in 2009.

Sorry then. My presumption about the date from the court listing is obviously wrong. I just assumed that the 04 from the original Joana Cipriano Investigation and the 08 from this one referred to years.

Apologies.

Then there is no logic I can see at all in this case. It seems to be crazy. The only way it can proceed is if the original trial is completely retried under the guise of defamation. Its a kind of double jeopardy.

I'm totally befuddled now, because I thought it had been in the pipeline for years, too.

I've reread:

http://justice4mccannfam.5forum.biz/t3758-gonc-tries-dirty-tricks-with-marcos

If I have got it wrong again, which I probably have, please just shout!

Was this what happened?

It was all done and dusted, Amaral had lost his appeal - and then started this action over the report?

Confused.com

If this case began after the appeals were over and we know that the appeal upheld the conviction I can't see how there can be defamation unless the defendants went beyond saying that Amaral was a perjurer and possibly accused him of actually being physically involved in the torture. Then I can understand him being "upset" and pressing this charge.

I am totally lost, frankly. I think I will just wait and see what happens next.

Here's the report:

http://database.statewatch.org/article.asp?aid=29207

I may be missing it, but I cannot actually see any PJ officers named?

Amaral is mentioned in the PDF ACED report linked to at the end as having been in the room at the time of the torture of Leonor Cipriano. Was that fact established at the trial when he was convicted of perjury?

That, I simply do not know, Greenink.

greenink211 wrote:Amaral is mentioned in the PDF ACED report linked to at the end as having been in the room at the time of the torture of Leonor Cipriano. Was that fact established at the trial when he was convicted of perjury?

Is this what you are refering to GI?

Is this what the so called 'libel' is all about?



http://www.statewatch.org/news/2008/may/portugal-sos.pdf


/SNIP/-

Nº7
Leonor Cipriano tentou identificar, a pedido do Ministério Público, os inspectores que a
torturaram. Segundo a mesma, foi transportada a Évora em 2006 para tentar reconhecer
algum dos torturadores de entre seis inspectores que lhe foram apresentados.
Infelizmente, dado o lapso de tempo, o facto de muitas vezes estar com um saco na cabeça
quando agredida, e ainda a possibilidade de não se encontrarem no local do
reconhecimento todos os agressores, Leonor apenas foi capaz de afirmar com certeza
absoluta que Gonçalo Amaral, então coordenador do DIC de Portimão, esteve presente
durante o interrogatório, assistindo às torturas de forma perfeitamente complacente,
porque todas as vezes que teve os olhos destapados e era agredida ele lá se encontrava,
andando de um lado para outro, sem nunca ter tentado impedir as torturas levadas a cabo
pelos seus subordinados.

/SNIP/-


Portimão, 08 de Abril de 2008
O Relator,

Marcos Aragão Correia,Advogado (Cédula Profissional de Advogado nº 427M), e Jurista da ACED ‐ Associação
Contra a Exclusão pelo Desenvolvimento


Associação Contra a Exclusão pelo Desenvolvimentohttp://iscte.pt/~apad/ACED
Contactos: +351 96 476 47 41 • antonio.dores@iscte.pt

Maggs wrote:

Sabot wrote:
I don't suppose that Sans Souci or Jean Pierre could raise their heads on this one, could they?
Is it possible to Defame someone before they are convicted when they are later convicted of the afore mentioned Defamation?

Knowing when Goncalo Amaral was convicted and when he filed his suit would help, except that the conclusion of the Appeal could also be important. Did Marcos Correia and his co defendant accuse Goncalo Amaral before he was finally convicted? In which case it could be seen as Defamation at that time.

Please don't mock me. I just want to see some sense to why this is still ongoing.

Try this Sabot.

http://justice4mccannfam.5forum.biz/t3758-gonc-tries-dirty-tricks-with-marcos

I have been a member of J4 for a very long time, Maggs. I always know what they have to say.

sadie wrote:

greenink211 wrote:Amaral is mentioned in the PDF ACED report linked to at the end as having been in the room at the time of the torture of Leonor Cipriano. Was that fact established at the trial when he was convicted of perjury?

Is this what you are refering to GI?

Is this what the so called 'libel' is all about?



http://www.statewatch.org/news/2008/may/portugal-sos.pdf


/SNIP/-

Nº7
Leonor Cipriano tentou identificar, a pedido do Ministério Público, os inspectores que a
torturaram. Segundo a mesma, foi transportada a Évora em 2006 para tentar reconhecer
algum dos torturadores de entre seis inspectores que lhe foram apresentados.
Infelizmente, dado o lapso de tempo, o facto de muitas vezes estar com um saco na cabeça
quando agredida, e ainda a possibilidade de não se encontrarem no local do
reconhecimento todos os agressores, Leonor apenas foi capaz de afirmar com certeza
absoluta que Gonçalo Amaral, então coordenador do DIC de Portimão, esteve presente
durante o interrogatório, assistindo às torturas de forma perfeitamente complacente,
porque todas as vezes que teve os olhos destapados e era agredida ele lá se encontrava,
andando de um lado para outro, sem nunca ter tentado impedir as torturas levadas a cabo
pelos seus subordinados.

/SNIP/-


Portimão, 08 de Abril de 2008
O Relator,

Marcos Aragão Correia,Advogado (Cédula Profissional de Advogado nº 427M), e Jurista da ACED ‐ Associação
Contra a Exclusão pelo Desenvolvimento


Associação Contra a Exclusão pelo Desenvolvimentohttp://iscte.pt/~apad/ACED
Contactos: +351 96 476 47 41 • antonio.dores@iscte.pt

Yes. Google comes up with

Unfortunately, since the period of time, the fact that many times, with a bag in the head when attacked, and the possibility of not being the site of recognition of all offenders, Leonor was only able to say with certainty absolute Gonçalo Amaral, then coordinator of the DIC of Portimão, was present during interrogation, the torture of watching a perfectly compliant,
because every time he had uncovered his eyes and he was beaten was there, walking from one side to another, without ever having tried to stop the torture carried out by their subordinates.

Awwwwwwwwww. The whole Joana and Leonor Cipriano Case makes my blood boil.

Amaral and Christovao and others, Sickos

OK; I had missed that bit. But I don't think his presence, or not, was involved in his conviction, was it? I thought it was making false statements, etc?

I am totally lost.

bb1 wrote:OK; I had missed that bit. But I don't think his presence, or not, was involved in his conviction, was it? I thought it was making false statements, etc?

I am totally lost.

I think (but I might be wrong) that was the point I was making. IF the conviction was only about perjury and thats all the judge found him guilty of then MAYBE his idea in bringing this defamation case is that there is nothing anywhere proving he was in the room while it was all happening.

Effectively "On me 'onour, M'lud, I'd never let that happen if I was there and could stop it, honest, M'lud." and "Its that Aragao and that Dores who's saying all these things about me, M'Lud and they're just not true". I'm an bonest man with a grand reputation for only doing what's proper. As God's me judge, yer 'onour."

Ah right, yes, that does make as much sense as anything to do with this does...I personally think Amaral must bitterly regret starting this, with the way situations are evolving.

How on earth can he proceed with this when the PJ are in the process of trying to strip him, Cristovao and others of their PJ pensions and other retirees' rights?

And as someone pointed out, Amaral also knows that Cristovao was involved. Allegedly. For all anyone knows, Cristovao really has got him locked in a cupboard.

I am finding it beyond bizarre and confusing.

greenink211 wrote:

Sabot wrote:
I don't suppose that Sans Souci or Jean Pierre could raise their heads on this one, could they?
Is it possible to Defame someone before they are convicted when they are later convicted of the afore mentioned Defamation?

Knowing when Goncalo Amaral was convicted and when he filed his suit would help, except that the conclusion of the Appeal could also be important. Did Marcos Correia and his co defendant accuse Goncalo Amaral before he was finally convicted? In which case it could be seen as Defamation at that time.

Please don't mock me. I just want to see some sense to why this is still ongoing.

This case I presume - the one in question here where Amaral is alleging defamation by Marcos Aragao Correia and Pedro Dores - was initiated way back in 2008 well before Amaral was actually convicted of any involvement in the torture of Cipriano.

http://www.express.co.uk/posts/view/102810/McCann-detective-guilty-of-perjury

My reason for claiming this is based on the case number which is 87/08.8JAFAR, the 08 I am almost 100% certain refers to the year. Compare it to the case number nº. 330/04.2JAPTM which is the case number of the original investigation into the disappearance of Joana Cipriano who disappeared in September 2004.

I think Amarals actual conviction of perjury in the case was in May 2009 so the defamation would have preceded the actual conviction.

Merci beaucoup. That is what I suspected. So the Defamation occurred before Amaral was Convicted. And it has taken nearly four years to come to Court, since when Amaral has been convicted. Probably beside the point. It could have been Defamation at that rime.
You see, I don't really understand Portuguese Law, but then I suspect that I don't understand English Law either. Except that I do understand that you cannot Accuse if you have no proof.
It would seem that Marcos Correia accused when he had no proof.
I personally don't have a problem with this, but it was never down to the likes of me.
Did Marcos ever say that it was just his opinion, or did he make a direct accusation?

I don't know, Sabot, this pdf is in Portuguese:

http://www.statewatch.org/news/2008/may/portugal-sos.pdf

ending:

Portimão, 08 de Abril de 2008
O Relator,
Marcos Aragão Correia,
Advogado (Cédula Profissional de Advogado nº 427M), e Jurista da ACED ‐ Associação
Contra a Exclusão pelo Desenvolvimento.

and

Associação Contra a Exclusão pelo Desenvolvimento
http://iscte.pt/~apad/ACED
Contactos: +351 96 476 47 41 • antonio.dores@iscte.pt

Remember, university professor António Pedro Dores is the other defendant, so it might just be that their names are on the report?

I am going cross-eyed trying and failing to figure this out.

greenink211 wrote:If this case began after the appeals were over and we know that the appeal upheld the conviction I can't see how there can be defamation unless the defendants went beyond saying that Amaral was a perjurer and possibly accused him of actually being physically involved in the torture. Then I can understand him being "upset" and pressing this charge.

That is the other thing that worries me. Did Marcos Correia accuse Amaral of actually inflicting Torture? Amaral might well have done, but he was never found guilty of such.

But I don't really care, 3,000 Euros is hardly the end of the world.

I genuinely cannot recall Marcos Correia ever making such an allegation, Sabot, but I stand to be corrected, I am bamboozled by this.

€3,000 not a lot of money? It will be to Amaral if he's living in Cristovao's broom cupboard, or a cardboard box behind Olivais police station.

bb1 wrote:I genuinely cannot recall Marcos Correia ever making such an allegation, Sabot, but I stand to be corrected, I am bamboozled by this.

€3,000 not a lot of money? It will be to Amaral if he's living in Cristovao's broom cupboard, or a cardboard box behind Olivais police station.

I think that 3,000 Euros reflects what Amaral thinks of his Honour, which is not a lot. Actually, it is pretty bloody pathetic. I would put a much higher price on my honour if I wished. But then I would put no price at all on what I think of me. What I think of me has no price. .

This hasn't come to court yet, has it?

http://expresso.sapo.pt/caso-joana-advogado-de-leandro-silva-vai-pedir-a-goncalo-amaral-indemnizacao-de-500-mil-euros=f523782

Joana case: Lawyer Leandro Silva will ask Gonçalo Amaral compensation of 500,000 euros

Faro, 01 Jul (Lusa) - The lawyer for Leonor Cipriano mate wants the former PJ inspector Gonçalo Amaral indemnify your client in an amount that may be around 500 000 euros for allegedly assaulting Leandro Silva.
13:28 Fourth Tuesday, July 1, 2009

Faro, 01 Jul (Lusa) - The lawyer for Leonor Cipriano mate wants the former PJ inspector Gonçalo Amaral indemnify your client in an amount that may be around 500 000 euros for allegedly assaulting Leandro Silva.

The MP accused the former inspector of the Judicial assault Leandro Silva, who is in the process advocated by Marcos Aragão Correia, the same lawyer who secured the conviction of Amaral in the case of attacks on Leonor.

According to documents of the MP, the Lusa news agency had access, Goncalo Amaral has been accused of torture in co-authorship, crime has been perpetrated on 13 October 2004, the premises of the PJ in Faro.

In declarations to Lusa, Marcos Aragão Correia said in court that will require a claim by torture inflicted by Gonçalo Amaral Leandro, a value that is still being calculated, but that may amount to 500 000 euros.

According to the barrister, oral evidence will be strengthened by the report of the Clinical Hospital in the western Algarve in Portimao, where Leandro Silva was filed hours after the alleged torture.

Leandro was admitted in that hospital ER complaining of chest pains on the morning of 14 October 2004, the same day that Leonor Cipriano was beaten on the premises of the PJ in Faro.

According to Aragão Correia, medical reports will allow the case against Gonçalo Amaral - sentenced in May to one year in prison with probation for the same period - is "once again won."

"I am extremely pleased that the MP worked competently," said Aragão Correia, regretting only that it was not possible to identify the other perpetrators of the attacks on Leandro Silva.

According to the lawyer, the identification of Gonçalo Amaral have been easier to be a media personality more and more physical signs "easily identifiable".

The indictment states that the former inspector grabbed the neck of Leandro Silva, striking him with two punches to the abdomen and two slaps in the face while calling to tell you where he was a child (Jane).

As a direct result of the attacks, again according to the MP, Leandro suffered several injuries, including a "contusion of the rib cage," which prevented him from working for five days.


t was established as a fact that Leonor Cipriano was beaten by members of the Judicial PJ unidentified and also that he fell down the stairs, and came to be hypothesized.

However, the court could not determine what were the perpetrators of the attacks.

This case dates back to 2004 and is related to the so-called "Joana case", which refers to the disappearance, on 12 September of that year, an eight year old girl from the village of Figueira, Portimão.

The charges against five of the Public Ministry inspectors and former inspectors appeared following the Judicial interrogations PJ in Faro in 2004, when Leonor appeared to have lesions on the face and body in Odemira Prison, where he was remanded in custody .

Joana's mother and Uncle John Cipriano are condemned by the Supreme Court to 16 years in prison each, for the crimes of murder and concealment of a body of the child.

MAD / CC.

Lusa / end

Not the best auto-translate I have ever seen.....

So, Gonc was well enough to slouch on Dear Julia's couch last weeK:



rabbitting about his co-defendant Cristovao...

Paralelemente of this "novel" Mexican-oriented, we are witnessing an attempt by the 'entourage' surrounding Christopher (especially of his former colleagues from PJ) in seeking to link research and finding that she received at home and in your office Almirante Reis and Alvalade Stadium, an attempt to persecution by the current structure of the PJ. Concerned, would be ancient hatreds and attempts to reap benefits for the very image of the corporation. Just yesterday, Monday, the program "Dear Julia", SIC, Gonçalo Amaral, former PJ inspector, who stepped down because of the Maddie case, a friend of Christopher (co-defendant in the case of aggressions against Leonor Cipriano, the mother of the little Joana vanished in the Algarve and you just savagely attacked the premises of PJ) raised this thesis, trying to victimize Christopher, who would have become a target of persecution by the structure of PJ.O computer where you saved your personal information seized Kitts and wiretaps that may prove the accusation slanderous in its qualified form which led to its formation as a defendant, will shed light on a case shrouded in many mysteries. We know that the role of PPC and much exceed the scope of the job that has to occupy in the Sporting and the plot will appear in a plot worthy of the renowned author who signs the pieces of this blog

but wasn't able to get himself to the police station he was supposedly living in, to give evidence in the case he himself brought, because he is scared to go to the Algarve?

I see.

http://crimedigoeu.wordpress.com/

MOM OF TWO ‏ @GILLYSPOT Reply Retweet Favorite · Open
@ex_Cop_Goncalo Should I write to Dr Amaral & share that you are abusing him on twitter whilst pretending to be him? #McCann

Good luck with that one, sweetcheeks, as neither his own lawyer or the police seem to know where he is.