13 Jun 2014

Trial which opposes Madeleine McCann parents against Gonçalo Amaral to restart next Monday


Gonçalo Amaral and his lawyer, Santos Oliveira | photo by A.Guedes
Trial which opposes Madeleine McCann parents against Gonçalo Amaral to restart next Monday

The trial of the process in which the parents of Madeleine McCann ask for a compensation of 1,2 million euro, for alleged defamation [sic] by the former Judiciary Police inspector Gonçalo Amaral, is expected to restart next Monday morning.

The hearings that were taking place at the 1st Civil Court of Lisbon, at the Palácio da Justiça, had been on hold since October last year, so the parents of the English girl who disappeared in Praia da Luz, in the Algarve, in May 2007 could reach reach a court settlement with Gonçalo Amaral.

Since no agreement was reached between Gerry and Kate McCann and Gonçalo Amaral, the judge who presides this court action - action which has caused Gonçalo Amaral's assets to be frozen as a precautionary measure, has decided to schedule the restart of the sessions for Monday.

The adjournment was granted four months after the trial began, on 12 September 2013, with the hearing of witnesses indicated by the McCanns, which included Gerry's sister.

The lawyer Isabel Duarte, the McCanns trustee, waived the testimony of the mother and father of Madeleine McCann.

In this action, the McCann couple, also allege that the rights, freedoms and guarantees of the family have been infringed, and demand 1,2 million euros in compensation from Gonçalo Amaral, who investigated the disappearance of Madeleine in May 3, 2007.

In the book "Maddie: The Truth of the Lie", written by Gonçalo Amaral, the former coordinator of the Criminal Investigation Department of the Judiciary Police of Portimão defends the alleged involvement of Kate and Gerry McCann in the child's disappearance and in the concealment of her body.

In a connected legal action, the McCanns submitted a temporary injunction banning the book and the video based on the same title, a documentary that was aired on TVI [TV channel].

On January 19, 2010, the 7th Civil Court of Lisbon decided to uphold the ban on the book and the video, that had been provisionally decreed in September 9, 2009.

Following legal recourse [by Gonçalo Amaral, TVI, Guerra e Paz and Valentim de Carvalho's defence lawyers], the Lisbon Appeals Court decided on 19th October 2010 to overturn the ruling [the ban] of the first instance court.

Kate and Gerry McCann appealed to the Supreme Court of Justice seeking for the overturn to be nullified, but the Supreme Court of Justice refused their request and confirmed the decision of the Lisbon Appeals Court, in 18 March 2011.

Madeleine McCann disappeared from an apartment in a tourist resort in Praia da Luz, while on holidays with her parents and twin siblings.

The girl had then three years old and the parents have always sustained that she was abducted.

Madeleine's parents were constituted as arguidos [formal suspects] in September 2007, nevertheless the process [investigation] was archived for lack of evidentiary proof in July 2008.

The process was re-opened on the 24th of October last year, after the Public Prosecutor's Office concluded that there were "new evidentiary elements to justify the continuation of the investigation."

in Agência Lusa [Lusa news agency], June 11, 2014

Note - Date confirmed, first trial session on Monday, 16th June at 09.30am at Palácio da Justiça in Lisbon.



Related
Ward of Court: Decision issued by Judge in Civil Trial
Court reports by Anna Guedes


7 comments:

  1. RA Wiseman7:20 pm

    The British Press did not report on this couple wanting to settle out of court
    and Mr. Amaral quite rightly refusing to do so. This ridulous Libel case went ahead to Trial. The British press did not report on the fact that this couple then wished to delay the Trial until September, when the Judge quite rightly refused the request.The British press did not report the news on the little girl being a Ward of Court and her Parents have no right to use her Name in any way to try and sue people. Now we have the British press printing how angry this couple are, at the decision taken today by Mr.Amaral and then the Judge.
    The arrogance of this couple, but the pretence and show must go on!
    Justice will prevail in the end Mr. Amaral

    ReplyDelete
  2. RA Wiseman10:09 am

    My apologies for missing out the I and C in Ridiculous, in my haste.

    ReplyDelete
  3. T. Ruth Seeker1:30 pm

    Hello. Would it be possible to have an update following the developments yesterday that led to the postponement of the hearing? I am (and I expect many other supporters of Sr Amaral are) keen to understand that all is still well and that, notwithstanding yesterday's events, his team remains confident of winning the case. Many thanks. The truth will out!

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  4. RA Wiseman, this press report is inaccurate. The reason for the trial being suspended - in January of 2014 - was not an out of court settlement attempt.

    I will post an update with correct information as soon as possible.

    Thank you.

    ReplyDelete
  5. RA Wiseman4:47 pm

    Thank You Astro for correcting my error, I became a little muddled there.
    With Best Wishes,
    RA Wiseman

    ReplyDelete
  6. Anonymous9:31 pm

    Let suppose you have a missing daughter . Let´s also suppose there are 50 highly trained police agents (from your country ) digging for the body of your lovely missing daughter. What should you think? You probably think that such a big operation involving so many agents and money cannot be done if there is not at least a fairly reasonable chance to finally find your daughter. So what would you do? Probably you would take the first airplane and would go to that place. That´s what I would do. Well, that´s what I would do...except... except if was sure they couldn't find anything. But how could I be so sure about that ??

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  7. Anonymous6:29 am

    The GUILY can run but they cant hide forever

    ReplyDelete