McCanns Return To Portugal For Libel Case

McCanns Return To Portugal For Libel Case


11:05am UK, Monday January 11, 2010

Neal Walker, Sky News Online
Kate and Gerry McCann will return to Portugal later for the libel trial of the former policeman who led the investigation into their daughter's disappearance.


The McCanns say any damages they are awarded will fund private investigators

The couple launched legal action against former Portuguese detective Goncalo Amaral after he published a book questioning their account of what happened to Madeleine.
Mr and Mrs McCann, from Rothley, Leicestershire, will fly to Lisbon today ahead of the three-day trial, which is due to start at the main civil court in the Portuguese capital tomorrow.
The couple plan to attend all the hearings, but do not intend to go back to the Algarve resort where Madeleine vanished more than two-and-a-half years ago.
Family spokesman Clarence Mitchell said: "I can confirm that Kate and Gerry McCann will be returning to Portugal on Monday to attend the resumption of the Amaral trial on Tuesday.
"The details of their travel plans and itinerary will remain private at their request."

Madeleine McCann

Madeleine was nearly four years old when she went missing from her family's holiday apartment in Praia da Luz in the Algarve on May 3, 2007, while her parents dined with friends nearby.
Four months after her disappearance, Mr and Mrs McCann were made 'arguidos', or formal suspects, but this was lifted when the investigation was shelved in July 2008.
Mr Amaral led the investigation in the first six months following Madeleine's disappearance.
But he was taken off the case in October 2007 after criticising the British police in a newspaper interview.

Mr Amaral was taken off case

In his book Maddie: The Truth Of The Lie, which was published in July 2008, Mr Amaral claimed that Madeleine was dead, and questioned the McCanns' account that she was abducted.
A Portuguese judge granted an injunction in September last year banning further sale or publication of the book.
The former policeman was also prohibited from repeating his claims about Madeleine or her parents.
The McCanns travelled to Lisbon for the opening of the libel trial in December, but the hearing was adjourned until this week after Mr Amaral's lawyer failed to turn up for health reasons.
The couple have previously said any money awarded in damages by the courts would go towards paying for private investigators to look for their daughter.
:: Sky News Online will be covering the libel case with line-by-line live updates from inside the courtroom in Portugal.

http://news.sky.com/skynews/Home/World-News/Madeleine-Kate-And-Gerry-McCann-Return-To-Portugal-For-Libel-Trial-Of-Man-Who-Led-Investigation/Article/201001215518652

The case Maddie McCann


Maddie case: Police English invokes state secrets privilege to refuse to testify

00h00m

NUNO MIGUEL MAIA

Trial book on Maddie without key witness in research English.

A detective sergeant from Scotland Yard submits "immunity of State and obligation of secrecy on investigations of the case Maddie refuse to testify tomorrow, Tuesday, at the beginning of the trial that Mr and Mrs McCann to the former coordinator of the PJ, Gonçalo Amaral .

The witnesses tomorrow in the Civil Courts of Lisbon, limited to the elements will be enrolled by the former head of the Judiciary Police of Portimão, most of which also collaborated in the investigation of the disappearance of British girl. The case concerns the order of recall of all books "True Lies", which is defended the thesis of the death of Maddie, and parental involvement in hiding the corpse.

The English police, incidentally named Portuguese (José de Freitas), was the official liaison between the Lusitanian and English and the McCanns. On several occasions accompanied Kate and Gerry, who were to be made defendants, after being confronted with evidence of human blood and body odor in the apartment at the Ocean Club in Praia da Luz, Lagos. The remains - remember - were detected by the English dogs "Eddie" and "Keela".

As is standard in the concrete procedures of the British, all the contacts and signals expressed by the McCanns were recorded, including those who contributed to support the decision to set up as suspects. And that's about it, and other data that you want to Gonçalo Amaral interview.

"Any potential evidence [testimony] that I can give may be subject to confidentiality and Public Interest Immunity english. Furthermore, since all the services that were watched officers, applies the doctrine of state immunity and will be required consent of the United Kingdom authorities to waive the immunity of state, before I could be subject to the jurisdiction of the courts of Portugal and to offer any evidence, whether relevant or not. The immunity of the State covering my official acts is that of United Kingdom and not mine, and can not be waived for me, but only by the United Kingdom, "José de Freitas wrote to the judge of the Civil Courts of Lisbon after having been notified in a letter to the JN had access.

The police suggested that his testimony is before the request through a letter rogatory or through the British ambassador in Portugal. Subject to prior authorization by the British, who have just set a tight regime of secrecy of the process in England

http://jn.sapo.pt/Dossies/dossie.aspx?content_id=1466569&dossier=O%20caso%20Maddie%20McCann

Rosie

If Felicia Cabarita takes the stand, then she will be questioned by the McCanns lawyers, and they will be able to question her on where/how she received her information.

Now, I dont know Portugal's law, but if it is anything like other countries, she will not have to divulge that. However, by not saying where she got the info from, she actually cannot remove Amaral from being the source of the information. Additionally, her information is worthless, as it is all unsubstantiated, even if she revealed her source.

After all, Amaral cannot be his own source as a defence against defamation.

It just sounds so ridiculous that Amaral's defence doesnt realise that the British Police Officer would not be required to testify, and most likely would not do it even if able to, and that anyone called gets questioned by the McCanns lawyers. They do not just get to sit in the witness box and say whatever the hell they like without any evidence to back it up, or without being questioned by McCann's lawyer. Additionally, Amaral must prove that what he has said is true, and so, the McCanns will not be under any obligation to take the stand. The question is, will Amaral take the stand in his own defence and face a perjury charge if he lies? Also questions of breaches of the secrecy law, as well as privacy laws and theft of confidential police information. A very fine line that he is going to have to tread.

This sounds like a lawyer who doesnt know what he is doing. It makes me think that perhaps all is not going well between Amaral and his lawyer. It also makes me think that Amaral is simply making up statements about potential witnesses, as if that will scare off the McCanns or somehow influence the judge.

Diane, sorry I didn't mean to mislead you, Amaral will be calling for Felicia Cabrita to testify on his behalf in the Leandro Silva torture case (Leandro is Leonor Cipriano's partner).

I agree with your general point though and actually her taking the stand in the torture case could turn out to be detrimental as this would open up a whole plethora of things for the Leandro's lawyer (Marcos) to quiz her with, not least the accusation by Leandro that Cabrita offered him sex for his story!

Amaral is calling three witnesses in that trial and all of them are deeply flawed!

Yes, Rosie, anyone he calls to testify gets to be cross examined by the prosecutors, and if they lie on the stand, then they will get hit with a perjury charge, or worse.

And, the topics for cross examination will not be limited to those that Amaral wants discussed. I didnt know that Leandro accused Cabrita of offering sex. She really is some sort of trash. Try as I might, I really cant see the point of her testifying. What can she possibly say that can be of any use. She cannot just say, Leandro said such and such, because unless she taped it, she cannot prove it, and it wont be allowed as it is hearsay. So what else has she got?

She is a liability in any trial, civil or criminal.

IMO, the huge gulf between what Amaral has been saying, and reality, is about to shrink. He has to prove that he is the one telling the truth (in both Leandro's case and the libel case), and IMO, he cant. So, I predict Amaral is not going to like the result of his world and reality crashing.

Don´t forget OJ......or MJ. The corruption runs deep. Let´s see if there is hope for Portugal.

Let us all hope that the judge is honest (I believe that the vast majority of judges, prosecutors and police in Portugal are honest), and that the trial is fair.

TBH, I think Amaral is worried, that is why the blustering. I doubt even with a corrupt judge he could win this libel case. Lets wait and see what happens.

I dont think this judge is 'in his pocket', and that the comments are a warning. A great risk actually by Amaral, because it is most likely to turn the judge against him, if the judge is honest and law abiding. And I truly hope this is the case. I suspect it is the case, due to the granting of the first injunction.

what breaks my heart about them pictures there rosie is that they need no words written under them.

It must be awful for a parent to have their child taken from them,the loneliness, heartache, and desperation the must feel one can only imagine,but to then go on to be beaten black and blue by those who are suppose to help you,to offer you support, comfort,and hope that they are doing all they can to find your child??

When i look at them pictures it brings tears to my eyes.Its a f@@king disgrace.Sorry for the language

clairesy wrote:what breaks my heart about them pictures there rosie is that they need no words written under them.

It must be awful for a parent to have their child taken from them,the loneliness, heartache, and desperation the must feel one can only imagine,but to then go on to be beaten black and blue by those who are suppose to help you,to offer you support, comfort,and hope that they are doing all they can to find your child??

When i look at them pictures it brings tears to my eyes.Its a f@@king disgrace.Sorry for the language

I agree Clairesy. If Gonc had his way there would have been pictures like that of Kate

Dont even want to think about it! If this case hadnt have had the media attention it has.........mmmmm....makes you wonder doesnt it what might have happened to Kate.
Bruises galore me thinks!