Gonzo on trial - Day Six

Ellen Branagh ‏@ellenbranagh_PA 3h
Greetings from Portugal - in Lisbon today for the McCann's libel case against former Portuguese police chief Goncalo Amaral #McCann

Ellen Branagh ‏@ellenbranagh_PA 3h
Gerry McCann returns today in the hope that he can give evidence. He will be with his sister Trish Cameron and Kate's mother Susan Healy

We are still waiting to hear if Gonc is going to pull on his Big Boy pants and:

1. Let Gerry McCann be heard.

2. Let the trial proceed without any further stunts and stupid excuses.

If Gerry McCann isn't heard in court, it is, IMO, going to cause even more damage to Portugal's reputation; it's impossible to justify his NOT being heard.

And following Gonc's attempt to bar the media from the court, and his lawyer preventing Kate McCann being heard, it is going to stink of cover-up and corruption.

No-one's forgotten the hole-in-corner overturning of the book ban. Or Montclair rushing onto Morais' forum to tell them the ban had been overturned, before Isabel Duarte had even been notified the court was sitting.

http://www.theguardian.com/uk-news/2013/oct/02/madeleine-mccann-father-portuguese-court-evidence-libel-case

Madeleine McCann's father returns to Portugal to give evidence in libel case
Gerry McCann looks to testify in case against Gonçalo Amaral, who published book about Madeleine's disappearance in 2007
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theguardian.com, Wednesday 2 October 2013 11.30 BST



The McCanns say the former detective’s claims in the book The Truth Of The Lie damaged the hunt for Madeleine. Photograph: Tiago Petinga/EPA

Madeleine McCann's father returned to a Portuguese court in the hope that he can give evidence at his family's libel case against a former local police chief who claims Madeleine's abduction was faked.

Gerry McCann wants to testify in the case against Gonçalo Amaral, who published a book about Madeleine's disappearance in May 2007.

The McCanns say the former detective's claims in the book The Truth Of The Lie, including suggestions that they hid their daughter's body after she died in an accident and then faked her abduction, damaged the hunt for Madeleine and exacerbated their anguish.

If successful in the case the family stands to gain around £1m in damages.

Gerry McCann was left frustrated after flying to Portugal last week, when proceedings were adjourned because one of Amaral's lawyers could not be present.

Arriving at the Palace of Justice in Lisbon on Wednesday morning, Gerry McCann said he was not sure what would happen "after last week".

"We are here to listen to the judge and hopefully be heard," he told reporters.

He travelled to the Portuguese capital with his sister Trish Cameron and his wife Kate McCann's mother Susan Healy, who are both expected to appear as witnesses in the case.

Kate McCann attended the court last month on the first day of the case, telling reporters she was in Portugal to "stop the damage" she believes is being caused to the search for her daughter.

The court has heard how she had suicidal thoughts after Amaral claimed she had covered up her daughter's death.

Psychologist Alan Pike said that after the publication of the former police chief's book in July 2008, Kate McCann "thought about not being around any more".

Madeleine, who was nearly four, disappeared from her family's holiday apartment in Praia da Luz in the Algarve on 3 May 2007 as her parents dined at a nearby restaurant with friends.

Amaral, who initially led the inquiry into Madeleine's disappearance, was removed from the case in October 2007 after criticising UK police.

British detectives launched a fresh investigation into the youngster's disappearance in July this year and believe she could still be alive.

The Portuguese investigation into Madeleine's disappearance is officially closed.

The case, in which Amaral denies defamation, is expected to finish hearing evidence in November.

========

It's actually hard to see how accusing innocent people of carrying their child's defrosting corpse around in a hire car can be anything BUT defamation....

At least Gerry McCann knows how to dress appropriately for court - as a smart, washed, grown-up.

Forker:

He doesn't look too happy to be there, does he?

And why would he be happy about having to reschedule everything, for the second time in five days? Unlike Amoral, Gerry McCann has a responsible job.

It's quite bad enough that Amoral fouled up the investigation into Madeleine's disappearance and tried to frame her parents.

It's even worse that, having been kicked off the case for incompetence, Amoral then launched a vicious vendetta against her parents.

It's unpardonable that Amoral has now messed the courts around for several years, and was still messing everyone around last week with ridiculous excuses.

No-one would be in the least bit happy about being caught in the endless shambles Amoral has created, least of all someone in Gerry McCann's position. Amoral just doesn't care how many people he messes around, or the chaos he causes in so many lives.

This says it all:



Anyone seen Gerry McCann posing around like an extra from Scarface, in a sweaty shirt, with a couple of middle-aged groupies?

No. That's Amoral's style - or lack of it.

http://themaddiecasefiles.com/topic8454.html

Correction:

this was when amaral through his agent tried to charge from Sky News, the fee of 80.000 euros, which the Sky News wisely refused.

"amaral´s main concern is to gain dirty fame and fortune using the most despicable behaviour to feed his greed, ego, arrogance, lust, at the expenses of innocents, with the true purpose of become a celebrity.

amaral had an agent, this is ridiculous, he criticized the couple for having a spokesman (glad they have), but he hired an agent, typical behaviour from a celebrity which was his only purpose.

amaral has become a celebrity, but, not the way he expected.

BTW, Morais is twittering, but she's told so many porkies, her word isn't worth anything. Probably better to wait for someone more honest and less biased.

justme ‏@zante03 3h
@IWILLNOTGOAWAY what media circus wld that be then? I aint seen one anywhere. Did see a fat Portuguese woman eating a pie though #mccann

This one again?

I'm sure anyone reading this:

https://i.servimg.com/u/f73/14/67/69/80/morais10.jpg

will realise why Morais simply cannot be regarded as a reliable, fair, source of news.

Jerry Lawton ‏@JerryLawton 3h
Kate #McCann mum Susan will not be allowed to give evidence at trial due to blunder by McCanns' lawyer

What?

Jerry Lawton ‏@JerryLawton 3h
Judge will decide by Oct 8 if Gerry #McCann can give evidence at libel trial of ex-cop who accused him of covering up Madeleine's death

Let's hope the judge sees sense.

Jerry Lawton ‏@JerryLawton 49s
Gerry #McCann sister Trish Cameron tells court the McCanns are living in `purgatory' because of ex-cop Goncalo Amaral's claims

Hope Gonc is squirming.

I am hearing Gerry is arguing with the Judge, respectfully of course.

This is farcical, Tony. Can you imagine what the McCann-haters would be saying if Amaral was being messed around like this by a UK court?

I don't know what's happened with Kate's mum, so am not going to comment.

However, we do know that Gonc tried to keep the media out. We do know Gonc's lawyers stopped Kate McCann from testifying.

If Gerry McCann is silenced as well, what does that say about Justice in Portugal?

A rather important point has emerged on Justice, in between all the illiterate efforts to wreck threads, quote:

I have posted elsewhere that thein-person verbal statements are merely the tip of the iceberg. The Judge, theplaintiffs and the respondents will all have place information in writing before the court. We are merely watching a shadow show, not the real thing.

That may explain why no-one seems terribly interested in paperwork? In the UK and US, we would be expecting people to refer to documents, but this rarely seems to be happening?

Win ‏@winnower1 3h
@JerryLawton #McCann s claim widespread opinions are based on Amaral's book & that's categorically FALSE. Based on PJ files, interviews etc.

So, where in the PJ files does it say that the McCanns not only covered up their daughter's death, but carried her defrosting, decomposing corpse around in their car?

It doesn't. Gonc invented all that sh'te without the slightest care who he hurt, because all he saw was €€€€€€€€.

If he was that bothered about 'truth' he'd have taken time to understand the DNA/forensic reports, instead of launching his foul vendetta and spawning the hate sites.

Portugal's laws go way above my head, Bonny. But, I heard Kate's mother was left off the witness list by Mrs. Duarte?

My friends, this was taken from The Huffington Post newspaper:

Madeleine McCann's father Gerry has returned to Portugal in a bid to give evidence at a libel case against a former police chief.

Arriving at the Palace of Justice on Wednesday, Mr McCann said he was not sure what would happen "after last week", when the case was adjourned due to the absence of a defence lawyer.

"We are here to listen to the judge and hopefully be heard," he told reporters.

Mr McCann wants to give evidence in the case against Goncalo Amaral, who published a book making allegations about Madeleine's disappearance in May 2007.

The McCanns say the former detective's claims in the book The Truth Of The Lie, including suggestions that they hid their daughter's body after she died in an accident and faked an abduction, damaged the hunt for Madeleine and exacerbated her family's anguish.

If successful in the case - brought on behalf of Mr and Mrs McCann and their twins S*** and A***** - the family stands to gain around £1m in damages.

Gerry McCann travelled to the Portuguese capital with his sister Trish Cameron and Kate McCann's mother Susan Healy, who are both expected to appear as witnesses in the case.

Mrs McCann attended the court last month on the first day of the case where she told reporters she was in Portugal to "stop the damage" she believes was being caused to the search for her daughter.

The court has heard how she had suicidal thoughts after Mr Amaral claimed she had covered up her daughter's death.

Psychologist Alan Pike said that after the publication of the former police chief's book in July 2008, Mrs McCann "thought about not being around anymore".

It is not thought that Mrs McCann will travel to Portugal with her husband today.

Madeleine, who was then nearly four, disappeared from her family's holiday apartment in Praia da Luz in the Algarve on May 3 2007 as her parents dined at a nearby restaurant with friends.

Mr Amaral, the detective who initially led the inquiry into Madeleine's disappearance, was removed from the Portugese investigation in October 2007 after criticising the British police.

British detectives launched a fresh investigation into the youngster's disappearance in July this year - two years into a review of the case - and believe she could still be alive.

The Portuguese investigation into Madeleine's disappearance is officially closed.

The case, in which Mr Amaral denies defamation, is expected to finish hearing evidence in November.

I am absolutely lost, Tony. I thought Mrs Healy was on the original list, but then the ten supposed witnesses were used up, or bumped, or something, because of the continual delays and messing about.

Then she was back on. But now she seemingly isn't.

This court looks like a shambles to me, frankly.

http://twitter.com/ellenbranagh_PA

Ellen Branagh ‏@ellenbranagh_PA 14 min
Gerry McCann's sister Trish Cameron has told a libel trial that he and Kate McCann are in "purgatory" after Madeleine's disappearance

Ellen Branagh ‏@ellenbranagh_PA 7 h
Gerry McCann returns today in the hope that he can give evidence. He will be with his sister Trish Cameron and Kate's mother Susan Healy

Ellen Branagh ‏@ellenbranagh_PA 7 h
Greetings from Portugal - in Lisbon today for the McCann's libel case against former Portuguese police chief Goncalo Amaral #McCann

Joana Morais ‏@xklamation 3h
@ellenbranagh_PA was expecting a little more facts and a little less of that emotional crap good only for the UK tabloids. meh. #McCann



Morais sounded pretty emotional a while back when she was begging Ms Duarte for mercy.  

Well, it seems we know precisely why Gerry McCann has not been allowed to testify today.

Morais told us on her blog on Monday.

Duarte was attempting to offer Gerry as a witness under two rules - to substitute for other witnesses and because of the rule of him having relevant testimony but...

Civil Procedure Code (Effective Date: 01-09-2013*)
ANNEX - Civil Procedure Code
BOOK II - Of the process in general
TITLE V - Of the instruction of the process
CHAPTER VI - Testimonial evidence
SECTION II - Production of testimonial evidence

Article 510.º - Substitution of witnesses

1 - In the case of substitution of any of the witnesses, the statement is not allowed without five days having elapsed from the date the opposing party was notified, unless the opposing party waives that deadline; if it is not legally possible the adjournment of the examination, in order to respect that deadline, the substitution shall be of no effect, by requirement of the opposing party.

2 - It is not admissible the examination by letter of witnesses proposed in substitution of the ones originally submitted.

3 - The provisions of n.º 1 does not affect the possibility of the judge to order an examination, pursuant to article 526.º.



Article 526.º - Examination at the initiative of the court

1 - When, in the course of the action, there is reason to assume that a particular person, not submitted as a witness, has knowledge of important facts for the good decision of the cause, the judge shall order that it is notified to testify.

2 - The statement can only take place after five days have elapsed, if any of the parties requests the setting of a deadline for the examination.

Ah. So, at the most, only three days have passed - I am assuming the court follows the usual 'working day' timescale?

Ellen Branagh ‏@ellenbranagh_PA 3h
Gerry McCann isn't giving evidence today, and still no decision on whether he can #McCann

Can someone explain to me why Team Gonc isn't moving Heaven and earth to let the McCanns and Mrs Healy testify?

They've already stopped Kate - why? Isn't that what Gonc has wanted all along?

Surely Gonc's lawyer should be begging the judge to let Gerry testify, instead of being as obstructive as possible?

It's getting more and more obvious who's scared, and it isn't the McCanns, who are more than willing to challenge Amoral on his home ground.