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

Ward of Court: Decision issued by Judge in Libel Trial

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.

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

Projecto Justiça Gonçalo Amaral June 1st 2014

For me, the above highlighted text suggests that Kate and Gerry McCann must show that before they took their libel action against Gonçalo Amaral they had authorisation to bring the action in Madeleine's name. The text above states that the McCanns must produce the documentation "in the records," of the British court, i.e., something which already exists, rather than something they will now apply for. 

Gonçalo Amaral interview April 4th on W9 with Sidonie Bonnec and Paul Lefèvre.

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Sidonie Bonnec

The preview: (This programme was due to have been aired about 2 years ago, but was cancelled)

On Monday April 4th at 8.40pm on W9, through two unpublished documentaries, 'Enquêtes Criminelles' proposes to focus on the strange disappearance, on May 3rd 2007, of little Maddie McCann.

Maddie: the banned investigation.

Gonçalo Amaral, the Portuguese police office who directed the investigation before being thrown off it, is convinced of the parents involvement in the death of their daughter. According to the police officer, the little girl died accidentally in the apartment where the family were spending their holiday. Then the parents made it look like an abduction. For Gonçalo Amaral, the McCann couple lied to the investigators "because they were negligent with their children. They went to dinner leaving them alone. Such behaviour is reprehensible. They then set up the kidnapping story." Gonçalo Amaral returned to the scene of the drama. Before our cameras, he reconstructed, minute by minute, everything that happened on the day of the disappearance and put forward the contradictions from the various witnesses. You will see exclusive images recorded by the Portuguese police, which notably show the reaction of the police dogs as they went through Maddie's parents' apartment.

The parents' argument

In spite of Gonçalo Amaral's statements and the archiving of the investigation, Gerry and Kate McCann still believe that their daughter is alive. A few weeks ago, they published an age-advanced image of their daughter in the hope of finding her. Moreover, they have engaged two detectives who continue the investigation. The two men went back to the scene in Praia da Luz to produce a filmed reconstruction of the day of the drama. They found new witnesses who stated that they had seen a man hanging about near the McCanns' holiday apartment, several days before Maddie's disappearance. For them, that leaves no doubt: the man is the abductor. Following the detectives' investigation, you will see how, two years after the events, the McCanns are trying to live in their home near Leicester, in the English midlands, with their twin children.

What follows is a translation of a transcription of the programme which aired on the evening of Monday April 4th. Bonnec and Lefèvre present, 'Enquetes Criminelles' on French TV Channel W9.

The documentary produced with Gonçalo Amaral, based on his book, 'A verdade da Mentira,' (The Truth of the Lie) was shown first, followed by the interview with Gonçalo Amaral. Then came a video entitled, 'The parents' argument,' which is no longer available on the W9 web site, but from the transcript it seems to be part of the programme made for Channel 4, otherwise known as 'the mockumentary.'

This is Part 1 of the Amaral documentary, the rest of which I shall post at the end of this transcript.

Start of the broadcast. Sylvie Bonnec recalls the circumstances of May 3rd and how G Amaral was thrown off the investigation but remains convinced that sooner or later the truth will see the light of day (images from the documentary) She introduces Paul Lefèvre, a legal journalist. She recalls that 4 years later, the parents were exonerated after having been suspected. She presents surprising images recorded by the police. Kate’s appeal to the abductors is shown from start to finish and then a voiceover says that the official conclusion of the investigation states that the little girl had been abducted while she slept. SB then says that according to Amaral, the little girl died on May 3rd (and that the parents were involved in her disappearance), a version that many would like to see quashed.

She leads into the two documentaries, stating that they are unpublished in France: Amaral’s and the McCanns’ (with no further clarification as to their provenance) If I heard the phrase “4 years after,” correctly, it may be that the programme has been partly remade and the old footage added. It’s quite confusing.

Amaral footage: female voice commentating in French, apparently faithful in translation and intonation.
Return to the set with Amaral. Interview. (rough transcription from what I can remember, but there are certainly gaps) Transcription by frencheuropean.

L: You were taken off the investigation. Why does it bother you?

A: Before replying, I’d like to clarify one point. The parents were not innocent. That’s wrong. The case was closed, the parents could have opposed it but they preferred to use private detectives. It’s wrong to say that they were innocent.
It bothers me because I am telling the truth. The book represents 5 months of the investigation: the theory from the investigation. It’s the conclusion of the process in September 2007. Afterward, only one theory was retained, that of kidnapping. Other people were asked to keep quiet (myself and others)


L: I have experience of police investigations and sometimes the police have convictions and want to fit everything into that conviction. That’s the feeling I have here. No other theory seems to interest you.


A: That’s wrong. There is a beginning, a middle and an end to an investigation. The book ends in the middle of the investigation. At one time it was leaning towards kidnapping. But an investigation needs to run its course. Well, the investigation was prevented from concluding. The book is police work that some would like to be kept hidden.

B: I don’t understand why you attach so much importance to the fact that Kate did not shout from the balcony, took the long way round rather than the shorter route to warn the tapas, bearing in mind the dark night and the cold.

L: It’s a minor point but specialists say that the first reaction is to protect the remaining children. Kate left them alone (in these circumstances)

B: Why not have taken the little girl to the hospital (in the case of an accident)?

A: The investigation was half-way through. We were just beginning to see things. It should have run its course. There were perhaps other theories: a burglar who could have killed the child and taken her body elsewhere, for example….other tracks. (Note: the reply does no really relate to the question. There is a cut in the interview?)

L: OK, you say that the police officer who followed you gave up, lay down and that there was political pressure.

A: Your interpretation is correct.

L: (Explains the different roles of the two dogs) What were the English dogs looking for, a living or a dead person?

A: They were looking for a body.

L: You say the child was killed falling from the sofa. Can a child really be killed falling 60 centimetres?

A: It’s possible.

B: What more could you have done?

A: Look for the freezer, who had one. At that time I was dismissed and nobody looked in that direction.

L: How could the parents have got rid of a body? They were under constant surveillance that evening.

A: We should bear in mind that the police were informed well after the alert was raised. The alert doesn’t coincide with the “kidnapping,” any more than the witness statement from Tanner who says she saw the kidnapper at 9.30pm and didn’t alert the police. Why? In reality, when the parents gave the alert, all worries about transport (of the body) were taken care of.

McCanns’s documentary. Return to the set.


L: 3 witnesses (those who saw a man watching the apartment) were heard by their detectives: did you rule out these witness statements or did you miss this?

A: Everybody near that busy road was interrogated. The police interrogated all the witnesses, even a musician who was sleeping in his car.

L: Did you find that man?

A: It was D Payne, the McCanns’ friend who was often with them and the witness statement of the young girl was not reckoned to be of any value. (Note: the one who saw the horrible spotty man, I assume)
Concerning the man carrying the child seen by Tanner: there is a huge problem. J Tanner produced a lot of discrepancies, going from great uncertainty at the beginning through certainty with the progression of successive statements.
The Smiths were 80% sure that it was Gerry McCann…The film (the McCanns’) speaks of two witnesses (with similar statements) but Smith talks about the child carried with her head on the shoulder and Tanner across the arms.

L: You are a well-known man in Portugal, a man of experience. Do you really think that this nice, middle-class English couple, are calculating and Machiavellian enough to have done this?

A: It’s not the problem posed by an individual who believes something. It’s a police investigation, within the context of police work
Someone goes on holiday in a foreign country and thinks the laws are the same. Concerning the law, in England abandoning children is severely punished…

L: (cutting Amaral off by bursting out laughing) Everybody does it!

A: (Raising his voice, sounding angry) Yes, it’s abandonment to leave children on their own like that….it’s non-punishable negligence in Portugal. In England it’s punishable and the tapas know it.

L: Is that why they concealed the body?

A. There could be other reasons: so that the state of the body would not be known. But there wasn’t time to explore the theories. Perhaps if the investigation had been completed they’d all have been done?

End of the interviews. S. Bonnec concludes by saying:

“Maddie’s parents did not wish to come and have their say.”

Intellectual Property

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It has come to my attention today, that someone is seeking to publish an English version of the book by Gonçalo Amaral, English title, "The Truth Of The Lie." That person has views of opened pages of the book on his web site and it can be read easily. The wording is identical to my translation. Now, since no two people translate exactly word-for-word, I suspect that the contents of this book are my translation.

If this is my translation, I have not been approached for my permission to use this version, which I have spent months working on.

I hereby state that everything on this blog is my intellectual property and that I have not given anyone permission to transmit any of it in printed form.

Maddie: What Lies Beneath The Truth.

Recently, Gerry McCann has been back in Praia da Luz, Portugal, for the filming of a reconstruction of the events of May 3rd, 2007, when Madeleine McCann disappeared from her bedroom. This will be screened by Channel 4 in May.

On Monday of next week, Portuguese TV channel, TVi, will screen a documentary based on Goncalo Amaral's book, "A Verdade da Mentira." (The Truth of the Lie.) Here is the trailer for the programme.



Madeleine McCann disappeared on May, 03 2007.

For the first time this documentary re-enacts the events of that night, a night that hit the news worldwide and grabbed the people's attention for so long.

Gonçalo Amaral, the chief investigator, presents his version of the events and all questions are answered by interviewing the main participants in the story.

Did the witnesses speak the truth?

What are the main inconsistencies?

What did the forensic tests reveal?

Why did Maddie's case reach a dead end?

Experts were consulted, and all scientific and forensic evidence found were thoroughly examined. Investigation material never yet shown is presented.

Two re-enactments at Vila da Luz, shed light on what has happened to Madeleine McCann, that Thursday night, May 3, 2007.

After 27 years on the force, Gonçalo Amaral retired in July 2008 to regain his full freedom of expression about the case, and do his best to help uncover the whole truth and to see justice done.

Based on Gonçalo Amaral book: A Verdade da Mentira - The Truth of the Lie.


Source: Valentim de Carvalho

http://joana-morais.blogspot.com/

Duarte Levy comments on the two documentaries.

"It was only after being aware that the documentary inspired on the book “Maddie: The Truth of the Lie” was soon going to be broadcasted on Portuguese TV that the McCanns understood the urgency to show the British public their version of the story. This information was now confirmed by a source close to the couple who added that ‘the campaign launched in the Algarve was only a way to prepare and justify the documentary that they want to show the British public as soon as possible”.

If the documentary with Gonçalo Amaral’s version is going to be the first to be aired in Portugal, even before the second anniversary of Maddie’s disappearance, the version given by the McCanns has already guaranteed a wider broadcasting in Europe: Channel 4 is broadcasting the documentary recently filmed in Praia da Luz and several contracts have already been negotiated, including in Portugal, where the channel chosen was SIC.

Based on the book by the former man in charge of the official inquiry into Maddie’s disappearance, taken off the case due to political pressures exercised on the highest level within the English government, the documentary by Multimédia Valentim de Carvalho doesn’t not contain much new information but, through the strength of the footage, completely destroys the version of an alleged abduction, like Kate and Gerry McCann always insisted happened.

Available in Portuguese and English, the documentary by Multimédia Valentim de Carvalho was directed by Carlos Coelho da Silva, produced by Manuel S. Fonseca and written by Nuno Ramos de Almeida.

Duarte Levy

http://duartelevyen.wordpress.com/

Portugal: Marinho Pinto and the Bar Association in a serious conflict of interests

SOS Maddie Blogspot 11/11/08

An obvious sign of unease for the Portuguese legal system, the decision by the Bar Association, for the second time in its history, to constitute itself as assistant in a new trial against the PJ inspectors, is now seen as a serious conflict of interests. The decision taken by the president of the bar, Marinho Pinto, is viewed with suspicion by certain people because there could be private interests, because in this new trial - which begins this Wednesday before the court in Lisbon - the alleged victim is defended by Jerónimo Martins, vice-president of the association, and by Bárbara Marinho Pinto, daughter of the president of the bar.

The Bar Association, under the leadership of Marinho Pinto, had already drawn attention to itself when it became assistant in the ongoing trial in the Faro court, against five other PJ inspectors, accused of acts of torture against Léonor Cipriano, amongst them Gonçalo Amaral.

Curiously, the decision taken by the Bar Association (OA) could also be seen as a conflict of interests if account is taken of Marinho Pinto's role in the disclosure of photos of the supposed physical results of assault on Joana's mother, before he became president of the bar.

If account is taken of Gonçalo Amaral, former coordinator of the PJ in the investigation into Madeleine McCann's disappearance, being one of the accused in the ongoing trial at the court in Faro, where the Bar Association is assistant, the case risks becoming even more embarrassing, because Bárbara Marinho Pinto, daughter of the current president of the bar, works for the office of Rogério Alves, former president of the bar and lawyer for Kate and Gerry McCann.

Meanwhile, the situation was denounced today, in statements to the Portuguese daily, Correio da Manha, by António Pires de Lima, former president of the Bar Association. According to this jurist, there is an obvious and serious, "moral incompatibility" between the private interests of Marinho Pinto and those of the Bar Association of which he is the public face. On this matter, António Pires de Lima does not rule out the possibility of there being a "legal incompatibility".

In this new trial, an official of the CP - the equivalent of the SNCF in France - accuses five inspectors of assault during an interrogation even if he only identifies three, the events going back to March 2000.

The trial is part of open conflict between the PJ and the Public Prosecutor.

The ongoing trial in the court at Faro, between Léonor Cipriano's memory lapses and the her lawyer's persecution of Gonçalo Amaral, would only be one more episode in the conflict between the Public Ministry's judges and the PJ. This is the conclusion that comes from analysis of the written records and other documents in the trial where the former coordinator of the PJ's Portimao Department of Criminal Investigation (DIC) appears in the dock accompanied by four other inspectors.

To be continued.

SOS Maddie Blogspot

Duarte Levy: 11/11/08

Gonçalo Amaral va être jugé: Goncalo Amaral will be tried.

http://sosmaddie.dhblogs.be/

22.02.2008

Gonçalo Amaral va être jugé

"Une affaire qui n’a rien en commun avec le cas Maddie"

"Gonçalo Amaral, l’ancien coordinateur des investigations à la disparition de Madeleine McCann, va être jugé par le Tribunal de Faro accusé de ne pas avoir dénoncé une prétendue agression à la mère de Joana Cipriano, la petite fille disparue le 12 septembre 2004."

Goncalo Amaral will be tried.

A case which has nothing in common with Maddie's case.

Goncalo Amaral, former coordinator of the investigation into the disappearance of Madeleine McCann, will be judged by the Triabunal de Faro, accused of not having reported an alleged assault of the mother of Joana Cipriano, the little girl who disappeared on 12th September 2004.

"La juge d’instruction criminelle du Tribunal de Faro, Ana Lucia Cruz, à décidé d’avancer vers le jugement de cinq inspecteurs de la Police judiciaire, accusés par le Ministère Public dans le cadre d’une prétendue agression à Leonor Cipriano."

The sitting judge on criminal proceedings of the Tribunal de Faro, Ana Lucia Cruz, has decided to proceed towards the trial of five inspectors of the PJ, accused by the Public Ministry in connection with an alleged assault on Leonor Cipriano.

"Les inspecteurs Leonel Marques, Pereira Cristóvão e Paulo Bom sont accusées de torture. Le quatrième, António Cardoso, est accusé de falsification de documents car il aurait prétendument menti dans le rapport de ce qui serait arrivé à la mère de Joana."

The inspectors, Leonel Marques, Pereira Cristovao and Paulo Bom are accused of torture. The fourth, Antonio Cardoso ,is accused of falsification of documents because he is alleged to have lied in the report about what had happened to Joana's mother.

"Gonçalo Amaral, le seul inspecteur qui appartient au siège régional de l'Algarve, n’a jamais été accusé par la mère de Joana d’agression, comme l’ont prétendu plusieurs médias britanniques. L’inspecteur, est accusé de ne pas avoir dénoncé la prétendu agression mais son avocat, Maître Antonio Cabrita, considère que, malgré le fait que Gonçalo Amaral était le coordinateur de l’investigation, il n’a pas "l’obligation de tout savoir", soulignant que, dans ce cas, il fallait juger également le directeur national adjoint et le directeur national de la Police Judiciaire."

Goncalo Amaral, the only inspector from the regional headquarters of the Algarve, has never been accused by Joana's mother of assault, as has been alleged by several British media. The inspector is accused of not having reported the alleged assault, but his lawyer, Mr Antonio Cabrita, considers that, in spite of the fact that Goncalo Amaral was the coordinator of the investigation, he does not have, "the responsibility of knowing everything," stressing that, in this case, it would be necessary to also judge the deputy national director and the national director of the PJ.

"António Pragal Colaço, l’avocat des inspecteurs de la Police Judiciaire de Lisbonne accusées par le Ministère Publique d’avoir agressée Leonor Cipriano, avait annoncé, le 11 février, que ses clients allaient être jugés "pour une question politique".

Antonio Pragal Colaco, lawyer for the PJ's inspectors from Lisbon accused by the Public Ministry of having assaulted Leonor Cipriano, announced on February 11th, that his clients were going to be tried, "for a political issue."

"Si Leonor Cipriano, condamnée à 16 ans de prison pour l’assassinat de sa fille, prétend avoir été agressée et torturée par trois inspecteurs de Lisbonne, la Police Judiciaire a toujours affirmé que la maman de Joana a voulu se suicider en se jetant du haut des escaliers."

If Leonor Cipriano, sentenced to 16 years in prison for the murder of her daughter, alleges that she was assaulted and tortured by three Lisbon inspectors, the PJ has always stated that Joana's mother tried to commit suicide by throwing herself from the top of the stairs.