Bizarre decision by judge in libel trial

This has appeared on the Gonzo support site, so may not be accurate, or even true - so buckets of salt on standby!

If it is true, then it's staggering that a judge can fail to grasp what Crown protection means.

http://pjga.blogspot.com/2014/06/ward-of-court-decision-issued-by-judge.html

Judge rules that Kate and Gerry McCann do not possess the authority to sue Gonçalo Amaral in their daughter’s name.


The judge at the Civil Court of Lisbon who is trying the ‘libel’ case which Kate and Gerry McCann have filed against Gonçalo Amaral and 3 other parties has issued a decision concerning the matter of Madeleine McCann being a Ward of Court.

On the 3rd of January 2014, Gonçalo Amaral had argued before the Lisbon Court that Madeleine’s parents do not possess the necessary power to represent their daughter in this action, since the child had been made a Ward of Court in the United Kingdom.

The judge decided that Mr Amaral should present a certificate of the relevant British judicial ruling. That certificate was delivered to the Court on the 2nd of May, after a lengthy, expensive process.

The judge then had to decide whether or not Madeleine’s parents were entitled to represent their daughter in this lawsuit. In the judge’s recent ruling, it is mentioned that “within the 'Wardship', the High Court holds ultimate responsibility over the child, but it does not suppress or annul the exercise of the parental responsibilities”. The High Court takes control over “the most important decisions for the life” of the child. The judge further considers that “the decision to file a judicial action in the name of the child” is a decision “of the magnitude that is demanded for the agreement or consent of the court”.

The judge’s ruling further notes that the matters that have been brought before the High Court that holds the Wardship have been matters of an “eminently judiciary nature, like the revelation of confidential information and documents, that are related to the child’s disappearance and were in the possession of the local police”.

The text continues with the consideration that because Madeleine was made a Ward of the Court on the 2nd of April of 2008, her parents did not possess, in 2009, “the necessary capacity of representation of their daughter to file the present action without the authorization from the British court”.

Nevertheless, the judge has decided that the final court session, which will include a statement from Gerald McCann and the presentation of closing arguments from all sides, should take place regardless of the matter of the Wardship.

After that hearing is completed, the proceedings will be suspended for 30 days. During that period, Madeleine’s parents “shall arrange for the collection and documentation in the records of the British Court’s authorization for the bringing of this action on behalf of the minor Madeleine McCann”. If they fail to do so, the defendants will be “acquitted of the proceedings concerning the requests that have been formulated on behalf of the latter”.

The judge has proposed the date of 16th June for the final session, but each of the lawyers involved have the possibility of declining said date and suggesting alternative dates.

It's rather a sad commentary on the state of the legal system in Portugal where children are concerned, coming right on the heels of the judicial corruption that was revealed in the case of the little Irish girl.

I am genuinely stunned that the judge doesn't seem to understand what Crown Protection means.

Incidentally, is it normal for Portuguese judges to issue statements on Sunday afternoons? Presumably she has made an official statement?

I think this bit might be important. It seems to be saying that The McCanns can produce authorisation from The British Court to represent Madeleine. They have 30 days.


"After that hearing is completed, the proceedings will be suspended for 30 days. During that period, Madeleine’s parents “shall arrange for the collection and documentation in the records of the British Court’s authorization for the bringing of this action on behalf of the minor Madeleine McCann”. If they fail to do so, the defendants will be “acquitted of the proceedings concerning the requests that have been formulated on behalf of the latter”.

If this were indeed true, don't you think it would be in media elsewhere?

More time-wasting courtesy of Gonzo trying to save his worthless hide. Considering the way little Ellie's case was handled by the Portuguese judicial system, one can only assume they have some kind of grudge against British/Irish children.

It doesn't bode well for any future custody cases in Portugal that a Portuguese judge cannot grasp Crown protection status, IMO.

lily wrote:If this were indeed true, don't you think it would be in media elsewhere?

Indeed - the Gonzo fan club site is not exactly unbiased, is it?

Bonny, how many times have we caught them making stuff up? I prefer to wait a while longer.

I've never forgotten Montclair/Carolina announcing court decisions to the Morais forum, before even the opposing lawyers knew about it. Tells you all you need to know about some Portuguese courts.

I've lost track - for how many years now has Gonzo managed to hold up proceedings, and play games? You know what will come next, don't you - it'll be back to the 'poorly lawyer' or his goldfish will die, or something. Gonzo really is a PoS.

He probably hopes that people will have forgotten the desk that has swine flu excuse.

Sabot wrote:I think this bit might be important.  It seems to be saying that The McCanns can produce authorisation from The British Court  to represent Madeleine.  They have 30 days.


"After that hearing is completed, the proceedings will be suspended for 30 days. During that period, Madeleine’s parents “shall arrange for the collection and documentation in the records of the British Court’s authorization for the bringing of this action on behalf of the minor Madeleine McCann”. If they fail to do so, the defendants will be “acquitted of the proceedings concerning the requests that have been formulated on behalf of the latter”.

If this is not a pack of lies, then yes, Sabot. That will be a simple matter. That would possibly end up being the talk of the Royal Court before you know it even if it did not originate there.........

I, like many others, have bottomless contempt for the fat defective, Lily. He's known for years that Madeleine was protected by the Crown, and chose to start this nonsense just as his trial for libel was ending.

Thus creating more paperwork and yet more delays.

An honest man would have acting honourably from the start, not done everything possible to delay legal proceedings for YEARS.

I hear and share your comments, Bonny. We KNOW he is NOT an honorable man and the truth is quite the opposite.
We also know why he has been trying to desperately to delay the judgment of the court.

He is going to LOSE. A man convinced of his victory would not do this especially when there is the sum of 1.2 million euros at stake.

Under Portuguese law, a child is a minor until the age of 18 (minors are emancipated upon marriage - art.º 132.º Portuguese Civil Code).  Under laws of most western countries,  as Madeleine is a minor child, her parents are her natural guardians both in the law and ouside it.  This only changes if the parents divorce and one gets sole custody.   Even then, the sole custodian can be taken to court if the other parent has just cause, ie neglect or abuse.   If the minor child is an heir/heiress then the parents would normally be executors of the child's estate.   Therefore Kate and Gerry are the rightful guardians and the jusge is talking bollocks.  As has been said, I would think this is a delaying tactic, probably not just to knobble the libel trial, but also to give certain people more time to cover their tracks.  IMPO, of course.    LL

So this could be a typical attempt at smoke and mirrors?

People in the UK don't give a flying fig about St. Gonc - unless, of course, you are a hounder or similar. He will only ever be the outrageously incompetent cop who deserted Madeleine and tried to frame her parents.

That is his legacy. He cannot delay the day of reckoning for ever. Why can't he behave like a man for once in his sorry life?

He must be petrified.

Therefore Kate and Gerry are the rightful guardians and the jusge is talking bollocks. As has been said, I would think this is a delaying tactic, probably not just to knobble the libel triali, but also to give certain people more time to cover their tracks. IMPO, of course.

Mine too, LL. I feel so, sorry for the McCanns. Can you imagine how they must have felt after Madeleine was abducted - and they found out that oaf was tasked with finding her? And they also found out that he'd become an arguido himself over his conduct in another missing child case just when their daughter went missing?

And seven years later, Gonzo STILL won't face what he's done, is scared even to face a civil court. A contemptible excuse for a 'man' all round, IMO.

Our posts crossed Bonny, as I feel outraged by him too.

The oaf is a COWARD.

He is incompetent but he is also cunning as a cornered wolf. He knows that, if he loses, then there may be some bright journo who will decide to investigate into his murky background and who knows what will surface. LL

A lot of UK journos know a great deal about his unsavoury background already, LL.   

which will include a statement from Gerald McCann

Can't see Gonzo liking that very much somehow.

It's actually hard to find the words for just what a PoS Gonzo is - he really does hate Madeleine McCann, just as much as he hates the rest of her family.

bb1 wrote:A lot of UK journos know a great deal about his unsavoury background already, LL.   

Ah, but I am referring to journos from countries other than the UK, bonny. LL

Some of those also know LL.   

Back where we started, I think. I can't see a British Court refusing to grant The McCanns the right to represent their daughter.
And Yep, Gerald McCann will be making a statement.

But the spinning will be fantastical.

the spinning will be fantastical.

Sure will Sabot. It's going to get even more interesting.

It's amazing how many of the haters are so dumb they think this means the case against Gonzo has collapsed, rather than just being yet another chapter in his endless delaying tactics.

No doubt he'll be needing more money from them for 'expenses' before too much longer.