16 June 2009

Addendum to the Criminal Process for Defamation Against Marcos Aragão Correia

Brief introductory note: The hereunder addendum belongs to a process for criminal defamation and vilification against Marcos Aragão Correia filed by Dr. Gonçalo Amaral in April 2008. While this process is at the moment stalled in the Public Ministry, a counter-complaint filed against Dr. Gonçalo Amaral by the psychic lawyer in October 2008 was urged forward.

The following document is published with the author's permission


JUDICIAL COURT OF FARO

PUBLIC MINISTRY SERVICES

Process 87/08.8JAFAR

1ST SECTION

Mr Prosecutor,

Gonçalo Amaral, the offended party with the capacity to constitute himself as an assistant, and better identified in the files, comes forward to APPEND the following to the criminal complaint that was presented against arguido Marcos Aragão, under the rights of petition and of probatory intervention:

1. The arguido has publicly displayed what seems to be a manifest lack of balance of pathological origin, ruled by streaks of social dangerousness, which deposes in favour of his eventual lack of imputability and impedes him, if that scenario is confirmed, from being the target of an accusation dispatch.

2. Taking into account that, under the provision of law, the “public and notorious facts” also constitute evidence, it is possible to collect from the press, in a brief search through the internet, the following probatory material, with which the present addendum is rendered objective:

DIÁRIO DE NOTÍCIAS, 22.06.2007: Madeira. Fifty children will launch yellow balloons with a photo of little Madeleine, who disappeared fifty days ago today. Aragão Correia, one of the organisers, explains why he considers it to be important for Madeira to join this homage. (Cfr. document nr. 1)

SOL, 13.11.2007: A lawyer from Madeira, Marcos Aragão Correia, has judicially prosecuted the Portuguese postal service for failing to personally deliver a registered letter that was addressed to the McCann couple, in which he indicated leads that he considers could assist the investigation, and which he had already revealed to the Polícia Judiciária in Funchal. “As I didn’t get any feed-back from the PJ – he explains -, I decided to communicate them directly to the child’s parents, in a letter.” (Cfr. document nr. 2)

SOL, 13.11.2007: Lawsuit against the Portuguese postal service. The judge has ruled the bad faith litigation that had been filed by the lawyer to be unfounded, condemning him to pay a judicial fee of approximately 100 euros, and has postponed the trial sine die. (Cfr. document nr. 3)

BARLAVENTO, 07.02.2008: Lawyer from Madeira claims to know everything. A lawyer from Madeira is the most recent star in the search for Madeleine. Marcos Aragão Correia, who went as far as filing a lawsuit against the Portuguese postal service, has headed a search operation with divers at the reservoir, on Saturday. He only found a shutters’ strap. (Cfr. document nr. 4)

IOL.DIÁRIO, 12.03.2008: Lawyer from Madeira reinforces searches at the Arade dam. Marcos Aragão Correia is a lawyer, and for the second time within only a few months, he is heading searches at the Arade dam, in Silves. The searches have started again this Monday and strange objects have been found already. Several ropes, a sheet of plastic and a child’s sock. (Cfr. document nr. 5)

DIÁRIO DE NOTÍCIAS, 15.03.2008: Upon conclusion of the searches, Marcos Aragão Correia said his conscience was at peace. “I don’t leave disillusioned, because I’ve done what I could in the face of information that I consider to be credible.” (Cfr. document nr. 6)

PORTUGAL DIÁRIO, 12.03.2008: And what moves Aragão Correia? The lawyer says that he has received “credible leads” concerning what happened to Maddie. “For the time being, we can’t publicly reveal the leads and who offered them, due to security concerns.” (Cfr. document nr. 7)

SOL, 15.12.2008: Aragão Correia states that he is a medium and has had ‘visions’ of Maddie and Joana, asserting that he saw the body of the little English girl at the Arade dam. Searches were carried out in the area, but revealed to be fruitless. “In that case I committed a serious mistake. I revealed my plans with anticipation and the person responsible for Maddie’s death had time to go there and remove the body.” (Cfr. document nr. 8)

DIÁRIO DE NOTÍCIAS, 13.03.2008: Lawyer Marcos Aragão Correia is increasingly convinced of the relationship between the possible death of Maddie with that of Mari Luz, from Huelva, whose body was found. “There are no doubts left – he says – that the criminal abducted Madeleine and fled to Spain, where he abducted another girl, Mari Luz.” (Cfr. document nr. 9)

CAMARADECOMUNS.BLOGS.SAPO.PT, 04.12.2008: Today, the 4th of December, I read what I never thought would be possible to read about the Maddie and Joana cases. The illustrious lawyer Dr Marcos Aragão Correia believes that there is an intervention by British secret services and secret societies, namely the “Skull and Bones”, to which he states that president George Bush belongs, whose purpose it is to create a climate of insecurity to promote the implementation of chips in children. (Cfr. document nr. 10)

BARLAVENTO, 17.10.2008: Marcos Aragão Correia, lawyer to Leonor Cipriano, is going to request police protection. “We’ve been targeted by threats – he said -, mentioning that one of the arguidos in the process compared him to his dog, saying that when one is playing at an inappropriate time, one should receive a correctional slap on one’s back.” (Cfr. document nr. 11)

SOL, 22.01.2009: Leonor Cipriano’s lawyer is thrown out of court. Before the trial session started, he was notified: he is preventively suspended by the Lawyers’ Order. 15 minutes later, he returned to the court room saying that the situation was already solved. The judge threw him out of the room: “Get yourself out of here”, he ordered. (Cfr. document nr. 12)

IOL.DIÁRIO, 22.01.2009: Marcos Aragão Correia announced that he is going to request the annulment of today’s audience. “I’m filing a complaint with the Magistrates’ Superior Counsel, against the president of the judge panel.” (Cfr. document nr. 13)

DIÁRIO DIGITAL, 22.01.2009: Marcos Aragão Correia advances that judge Henrique Pavão has a partial attitude. In order to justify the partial attitude, the lawyer said that the magistrate refused 40 requests from the assistant. (Cfr. document nr. 14)

BARLAVENTO, 20.02.2009: Today, presiding judge Henrique Pavão recalled that the request that was made by Aragão Correia should not have been presented at the court of Faro, but at the court of superior hierarchy. But for reasons of process economy, the judge himself sent Aragão’s request to the Appeals Court of Évora.” (Cfr. document nr. 15)

BARLAVENTO, 21.03.2009: Appeals Court of Évora denies provision on removal of presiding judge. (Cfr. document nr. 16)

DIÁRIO DE NOTÍCIAS, 23.04.2009: Leonor Cipriano’s lawyer accuses judge of censorship. Aragão Correia, who presented today yet another complaint about the judge to the Magistrates’ Superior Counsel, argued that Henrique Pavão, without any justification that is acceptable under the law, abruptly, and for 6 times, interrupted his allegations, causing him “manifest disturbance”. (Cfr. document nr. 17)

SOL, 28.01.2009: Leonor Cipriano’s lawyer asked GNR today to search at “an abandoned house up in the hills of Figueira”, where Joana’s mother confessed that João Cipriano buried the little girl’s body. (Cfr. document nr. 18)

DIÁRIO DE NOTÍCIAS, 08.06.2009: Leonor Cipriano’s lawyer says that the former – who was condemned to 16 years in prison over the co-authorship of Joana’s murder – must be acquitted. The lawyer says that he “bluffed” with João Cipriano in order to convince him to sign a confession in which he stated that he tried to sell the little girl. Aragão told Leonor’s sister that he had heard that a convict who had been condemned to over 20 years in prison for homicide, was about to be transferred to Carregueira prison with the purpose of murdering him. (Cfr. document nr. 19)

3. If he weren’t the victim of a serious pathology, Marcos Aragão Correia would certainly be determined to disturb public peace and the mental health of populations with psychic “visions” of missing children, extraterrestrial informants, searches in reservoirs, warnings about the mass implementation of chips in children and teenagers, without forgetting to deliberately compare himself with a canine and to shame the legal profession in court rooms, with an endless succession of requests that are rejected due to their absurdity, calls to attention from the judge, interrupted allegations and expulsion from court.

4. Two questions pose themselves in view of the above mentioned pieces of evidence, which reflect, in the victim’s perspective, a vast curriculum of insanity over a brief period of time:

1st – The question of the lack of imputability of Marcos Aragão Correia, or rather the question of the accentuated probability that the subject suffered, during the practise of the facts under investigation, of a psychic anomaly (permanent or non-censorable accidental) that may have rendered him incapable of evaluating the unlawfulness of his behaviour and to auto-determine himself according to law, which, if confirmed, prevents the Public Ministry from deducting an accusation, given the fact that the probatory indications will then not result in a reasonable probability of him being condemned in trial;

2nd – The question of Marcos Aragão Correia constituting a danger to the social community and to the juridical goods that are sustained by it, a danger that, if confirmed, may impose due regular psychiatric treatment or, in last instance, the preventive commitment to a psychiatric hospital or analogous institution.

5. Apart from what is established in the Mental Health Law, the Penal Code itself clearly determines that anyone who practises a typical illicit action and is considered not to be imputable, is committed to a cure, treatment or safety institution, whenever there is a sustained reason to believe that he may commit facts of the same kind. And Marcos Aragão does, indeed, seem to constitute a permanent danger to himself and to others.

6. The following diligences are considered to be relevant and pertinent to the establishment and good decision of the cause, as well as for the apparently necessary treatment of arguido Marcos Aragão, constituting simple process incidents without autonomous transit:

The performance of a psychiatric examination of the arguido, which will evaluate psychical characteristics with pathological causes that may raise the issue of his lack of imputability and the consequent impossibility of the pronunciation of an accusatory dispatch;

The performance of an examination of the arguido’s personality, which may evaluate psychical characteristics independently of pathological causes in order to determine his personality and level of danger, as this possible danger may be attenuated through regular psychiatric treatment or, as a last instance, through preventive commitment to a psychiatric hospital or a similar institution.

Thus Your Excellency is requested to integrate the present ADDENDUM and the appended documents to the files, as well as to put mechanisms into action in the sense of obtaining the performance of the competent examinations.

APPENDED: Copy and 19 documents.

The offended with the ability to constitute himself an assistant

GONÇALO AMARAL



13 comments:

  1. "A vast curriculum of insanity over a brief period of time." I think that sums it up better than I ever could!

    Some of the legal language isn't easy to follow, so, Have I understood correctly? Gonçalo Amaral's action for defamation against Correia came first but it was stalled and Correia's action (filed after) has taken priority? If so, why?

    Also, I was surprised to see that Correia became involved in supporting the McCanns within 50 days of Madeleine's disappearance when he became one of the organisers of the 50th Day balloon release in Madeira. How soon after that did Team McCann latch on to this potentially very useful lawyer, I wonder?

    My respect to Dr Amaral for his courage and fortitude in the face of Team McCanns' dirty deals and corrupt practices.

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  2. Dear Jilly, you're absolutely right in all the presuppositions you made. The answers as with anything which is connected to the McCann case seem to absent.

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  3. DAILY MIRROR: “McCanns diver fury”

    Always “fury”.

    Kate and Gerry McCann reacted with fury yesterday after divers began a second search of a reservoir for Madeleine’s body.

    The couple told friends the search - funded by a Portuguese lawyer who they claim is a “fantasist” seeking publicity - is a distraction from the hunt.

    Marcos Aragao Correia claims crime contacts told him she was killed and left in the lake two days after going missing.

    Says a McCann “source”: “There’s no evidence Madeleine is in that reservoir. They believe she is alive and are concentrating on finding her.”


    xxxxxxx

    It is my belief that Marcos set this up with Metodo with the full knowledge of the mccanns...small bones that were found in a bag reported live on spanish TV..were not to be touched until the arrival of PJ who came with an expert..who declared there and then that these bones were animal and not human....

    Mitchel however had other ideas the bones he said would be sent to a lab taken by metodo to see if they were madeleines....this farce went on for weeks in the british newspapers...We knew within five minutes that the bones were animal ..therefore the mccanns and mitchel must have been in on this circus from the beginning....The sooner they are all locked up the safer the world will be.



    IRONSIDE

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  4. It has just been reported that a young Spanish woman's two year old child has been taken into care because she left him sleeping at midnight and went out to a festival with a friend. She said she didn't think he would wake up that late at night. Neighbours called the police when they heard him crying; the police broke in to the premises. The mother was out for six hours, and now says she is sorry and devastated and hopes she can persuade the authorities to let her have the child back. Why did nothing happen to the McCanns? They left three tiny children alone night after night and one of them has gone missing but all they have received from the authorities is sympathy!

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  5. Yes Anon...you are right anyone else would be in trouble...anyone else would have had their children taken away from them at least until this mess was sorted out...The mccanns are protected by a very big fish. Having read the blogs and seen what has been happening on sites with people that used to be friends now tearing each other apart makes me very sad. What is happening I have no idea but it has turned into a war in space not a very pleasant place to be.

    IRONSIDE

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  6. Joana Is there a address anyone can send Mr Amerel a card just to let him know he has the support of a lot of people in the UK.

    Any office address we can send to him I will understand if its not possible. He has my support I am all the way behind him.

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  7. I always wondered why the McCs didn't just leave it alone and lie low, instead of keep dragging out more red herrings -(which, fortunately, always manage to trip them up!)

    now I realise, they can't stop until Dr Amaral gives up. And the above proves that he will keep on going, and going.... and going....

    I'm quite looking forward to their next desperate publicity stunt, especially as their supporters/backers are dropping away. I'm really quite hopeful that this will come to a satisfactory conclusion soon, and Maddie can, at last, rest in peace.

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  8. If McCann;s were 'furious' over this lawyers allegations that Madeleine's body was in the lake - effectively stating then that she was dead -

    Why are they not sueing him?

    They have taken action against Sr Amaral for the self same thing - stating that Sr Amaral by saying Madeleine is dead is havinga detrimental effect on their private investigation.

    Did this not apply too then to this lawyer?

    Or as another blogger has put it - were they 'in' on this charade too?

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  9. By GARY O’SHEA
    in Praia da Luz

    Published: 12 Jan 2008
    MADELEINE McCann was raped and killed within 48 hours of being snatched then thrown in a reservoir, a Portuguese lawyer claimed yesterday.
    Human rights solicitor Marcos Aragao Correia said underworld sources tipped him off on May 6, three days after the tot vanished in Praia da Luz.

    Correia, 32, said he passed the information to police - but they did not seem interested in abduction theories.

    Instead they continued to target Madeleine's parents Kate and Gerry.

    So Correia went to Metodo 3, the Spanish detective agency hired by the McCanns.

    Correia told The Sun his source said Madeleine's body was in a reservoir with a small beach and showers for campers.

    After driving across the Algarve he pinpointed it as the remote Barragem do Arade reservoir, some 40 miles from Praia da Luz. He left flowers and a photo of Maddie at the water's edge.



    IRONSIDE.....

    PS To me it is obvious this was a complot...between mccanns and Metodo...

    ReplyDelete
  10. http://www.thisislondon.co.uk/news/article-23455108-details/Bag+of+small+bones+found+in+reservoir+where+lawyer+claims+Madeleine+McCann%27s+body+was+dumped/article.do?expand=true#StartComments


    Aperfect example of >Mitchel and Metodo along with Marcos working together...


    The bones were discounted by an expert within five minutes...there was no need for this circus...but no mitchel played this out for weeks...



    The sooner Marcos is locked up and gets the help he needs the better,



    IRONSIDE

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  11. Hi My Friends ...As I cannot get into the 3As I am posting here...something interesting Blairs son is to take legal action against The Express...Blair was in power when all this began...Someone just mentioned Castle Craig,,,I know Blairs son had a drink problem and at one point was sent to the states. Blair has had a battle with the press in keeping his children out of the news...His daughters alleged suicide over her being bullied at school over the Irak war and the death of david Kelly.

    Blair managed to keep under wraps although it is all over the net by those who know the Blairs...

    I was thinking back to the comments ....just calling in a few favours....what might those favours be...maybe Blairs son was a patient in castlecraig and the express know this....they have taken a hammering over the mccann case...although now they are good little boys.

    The up and coming case has been removed from their web page...could be nothing...Anyhow heres the link if anyone wishes to do any digging...

    http://www.guardian.co.uk/media/2009/apr/30/euan-blair-sunday-express



    IRONSIDE

    ReplyDelete
  12. update for next court date

    87/08.8JAFAR
    2º Juízo Criminal
    Processo Comum (Tribunal Singular)
    Autor Ministério Público
    Demandante Gonçalo de Sousa Amaral
    Arguido Marcos Teixeira da Fonte Aragão Correia
    Arguido António Pedro de Andrade Dores
    Julgamento ou Audiência final 09-02-2012 9:30

    http://www.citius.mj.pt/Portal/consultas/ConsultasAgenda.aspx

    ReplyDelete
  13. Ja se esta a ver a estrategia. O MAC vai ser acometido de um disturbio gastrointestinal, devido ao que tem vindo a comer nos ultimos 4 anos ( Gil Vicente saberia retratar bem este disturbio e estaria super actualizado) para FALTAR A AUDIENCIA .
    Quando ja nenhuma diarreia lhe poder valer, vai fazer de perfeito toto e subir e descer das estrelas, ate que o juiz se convenca que esta maluquinho e ja nasceu assim. Para isso, o amigo Marinho, botara faladura e ate vai dar a conhecer um dos seus ultimos degrees, o de Psicologo ou melhor, Psiquiatra, para atestar a insanidade do figurante. " inimputavel, Excelencia", gritara Marinho. " querera V. Exa encher as prisoes com um pobre de alma como este e consumir os nossos impostos?" Vai usar Mais uma quanta " verborreia" do costume para insultar juizes e policias e acusa-los de corporativismo, a ver se a coisa pega. Afinal do outro lado, so vira cacau, se ele fizer um bom papel... Os amigalhacos British defendem o lema " no win no fee", o que para este caso em particular, e uma Mxxxx.
    " todos sabemos que toto, o homem nao e", comentara o juiz. " soube orientar-se da Madeira a Odemira para se oferecer como advogado, a custo zero, da Leonor Cipriano, ja condenada por um tribunal e com o caso resolvido, ou sera que TEVE UM CHAUFFEUR A CONDUZI-LO? DISSO SABERA, O DR. MELHOR QUE NINGUEM E SERIA BOM QUE O PARTILHASSE COM ESTE TRIBUNAL"
    Marinho, ja chispando: " Nao digo mais nada. So sei que o homem e maluco e nao diz nem faz nada certo. O tipo ve coisas e depois fica perturbado e anda a mergulhar onde o deixam". " Onde o deixam, nao...." Dira o juiz. " onde lhe pagam. Parece que tambem nao foi toto para negociar o preco do servico com a M3, a avaliar por quanto custaram os mergulhadores".
    O resto da historia, sem ofensa, dependera da qualidade dos Txxxxx do juiz. Se os tiver, o figurante nao se livra pelo menos de uma boa indemnizacao a GA e next step sera saber" o que faz Marinho nos 2 casos- joana e Maddie? Se nao os tiver, la vira Mais uma coleccao de avistamentos, raptores e artigos British a queimarem Portugal, a PJ e a justica em geral.

    ReplyDelete