17 January 2010

An attempt to breach the Secrecy of Justice



The McCanns couple lawyer, Isabel Duarte, now intends to sue the former coordinator of the PJ, Gonçalo Amaral, for having allegedly violated the secrecy of justice in the Madeleine McCann case.

by Frederico Duarte Carvalho, journalist

Based on the testimony of the publisher of "The Truth of the Lie", Mário Sena Lopes, Isabel Duarte realized that the work would have been delivered to the publisher "Guerra & Paz" before the 21st July 2008, the date of the final dispatch that archived the process. Therefore, Gonçalo Amaral violated the secrecy and must pay for it.

However, at the time that Gonçalo Amaral began working on the project, it was already expected - by the act of the law - that the process would leave the secrecy of justice close to the month of August. But, by coincidence, the process was made public days before the publication of the book - the latter had been edited on the 24th July [the book was released to the public on the 25th, Friday, July 2008].

That is, Gonçalo Amaral was even willing to violate the law of the secrecy of justice and start a media debate on the subject. Except that with the archival made a few days before the launch of the book, Gonçalo Amaral could no longer be accused of violating the secrecy. At most, he could be charged with an attempt to breach the secrecy of justice. And he really tried, but even that was not allowed...


in Para mim tanto faz



59 comments:

  1. what a man he is!!! Madeleine should have had a parent like him then none of us would need to be here

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  2. This is purely a PR exercise so the papers in UK can print more derogatory stuff about GA - it's not a serious attempt to persuade the prosecuting authority in PT that GA broke the law - it just provides useful material for the tabloids - as does the 1000 nights party - spin and more spin

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  3. this are the last cards that Isabel and the McCanns have, they can't stop the free flow of information and the facts.

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  4. If the Portuguese punish Amaral for this they will make him a martyr in the eyes of the majority.
    So bring it on I say!

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  5. Tiros e rajadas e mais tiros...nos pés!

    Alexandra Correia

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  6. The McCanns really are scraping the barrel.

    They are pathetically trying everything, like the desparate people they are.

    So is that lawyer of theirs.

    Doesn't she realise that the McCanns leave a bad wake. There is a good chance that she will be caught up in it, like so many others, and dragged under.

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  7. You have to say, whether by accident or by design, Sr Amaral has manoeuvred himself into a very strong (some would say impregnable) position now. He now seems to epitomise the strongest test of Portugal's constition since the 1974 revolution, not to mention the will of its people. Possibly if Sr Amaral and Gerry McCann went head-to-head in an IQ test Gerry would win but we all know the fable about the tortoise and the hare! Oh dear, Gerry, what have you done?!

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  8. If the Portuguese court does not lift the injunction and step back from the brink of the chasm on which they are teetering, it will be a disaster for the Portuguese people and their constitution - and indeed a disaster for freedom in Europe.

    But what then? Amarals book is already available world wide and the majority of right thinking intelligent people can put two and two together and make four (unlike McCann supporters who seem to lack the ability to link together the dots as an earlier poster pointed out here!).

    No UK publisher is courageous enough to publish and no UK media outlet will do anything other than vomit the party line - that the McCanns are proper parents who did their best and are not seeking to prolong their dubious celebrity based on their neglect and the probable consequence of the death of their child.

    Abduction abduction abduction....apparently requires no evidence and justifies silencing any alternative 'thesis'.

    Even people like Mark Williams Thomas, usually a staunch defender of children against abuse, are enthralled by the McCanns and refuse to accept that there are alternatives to the most unlikely 'thesis' of anduction by stranger from an apartment duirn an impossbly small 'window of opportunity'.

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  9. Didn't Kate also violate the secrecy of justice by blogging about her bible?
    I'm sure Amaral's team are aware she did too.

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  10. To 7:

    "Possibly if Sr Amaral and Gerry McCann went head-to-head in an IQ test Gerry would win"

    Are you serious??....Amaral is GM's superior in every department! (with the exception of lying that is).

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  11. Isn't there also a law about no private investigation being allowed when there is an official investigation of a crime.

    Witness tampering comes to mind.

    Also, who is responsible and behind the intimidation of witnesses?

    Was this done on behalf of the McCanns?

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  12. I'm the author of post 9:

    I meant she had spoken to the Sunday Mirror about the bible incident of course, not in the blog.
    (This wine is too strong!)

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  13. What is being violated are GA"s human rights under the Portuguese Constitution.If by any chance the judge does not lift the injunction then ,the very same judge will approve and facilitate the violation of this basic human right for a whole nation.The same judge would be fully responsable for what could lead to a very strong and violent opposition in the rest of Europe.
    End of

    mccann people GO for it! See ya in European Courts if you ever reach them that is.....

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  14. @ no. 7 - forget the iq test - i'd love to see snr. amaral and mccann going head to head in a boxing ring. for charity (a real one, not a pretend one).

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  15. The McCann injunction was only to stop the Majorca/Payne/Gerry/Paedo story being made public. It had nothing whatsoever to do with Amaral's death thesis.

    Cristavao already published that theory in March 2008 through Guerra & Paz in "Star of Madeleine". They didn't go after Cristavao because he didn't mention (or know about) the Gaspar story.

    The basis of the McCann injunction is pretext for the Gaspar story.

    I hope that Duarte is also going to serve Tanner for talking on Panorama.

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  16. Anon 15

    I think you are right.

    I bet Gerry was wetting himself sitting there wondering if it was going to be mentioned, being as how they didn't manage to stop the Portuguese witnesses from testifying.

    It could be brought up as an example of how the UK police were not sending on important information quickly enough.

    There was a child missing after all, and the PJ should have had this information earlier.

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  17. Kate said on her blog "The window which is a ground floor window was completely open and is large enough for a person to easily climb through it. Whether it had been opened for this purpose remains unknown. It could of course have been opened by the perpetrator when inside the apartment as a potential escape route or left open as a 'red herring'

    Seeing as you were the only one prsent at the time you forgot to mention the window could also have been opened by you to stimulate an abduction.

    Must try better Gerry :)

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  18. This video on the right tells a lot about Kate doesn't it? Bad performance! She was caught by the journalist question!

    Another video as good as this one is the one that shows the dogs behavior inside the McCanns apartment and in the car rented after Madeleine vanished from the PDL. Those findings!

    Other clue which is not an evidence was when Kate has washed Madeleine favorite toy. As to say she has washed the last possible link to her daughter. The day before dogs arrival.

    It may be not valid as a evidence but tells a lot about them doesn't it?

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  19. I`m sure any wise judge can see through the childish antics of ID and her clients - they are as transparent as little kids in the playground - scraping the barrell for something to tell teacher about.

    I agree with Anon 8 that it is a crucial time for democracy which I`m sure the judge realises. If the book ban is carried it will set a precedent which will mark the beginning of the slippery slope back to fascism. Once one gets away with it, the trend will spread. And coupled with whats happening in the uk with super injunctions increasing, it doesn`t look good for democracy.
    Louise

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  20. Sim cards.

    Sleep well, Gerry.

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  21. Kate the window.............

    Your statement Sept 7th 2007 as official suspect

    Kate is asked:

    1. On May 3 2007, around 10.00pm, when you entered the apartment, what did you see? What did you do? Where did you look? What did you touch? - She did not respond.

    Yep, helping the police as usual

    must think we are all stupid

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  22. Am I understanding this correctly? Mr Amaral deliberately tried to release his book earlier than the police files because he wanted to violate judical secracy in order to bring his thesis out into the public arena?? He failed only because the files were released unexpectedly earlier than he anticipated? If that is the jist of it, then I concur with poster no.1 Wow, what a man!!! Respect to Dr. A !!!
    Incidentally, NO WAY would Gerry win in an IQ test against Mr Amaral. Gerry is cunning in a ducking & diving sort of way, but he has no real deep intelligence as far as I can see.

    There are currently rumours around the internet that Jane Tanner is to appear in court in Portugal for a small matter of telling lies. Does anyone know anything further about this, or is it an internet urban myth?

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  23. I think the remarks about the window being an exit point for an `abductor` are getting confusing and they didn`t make it clear in court either. Surely they should have made it clear that no one could have gone through that window with a child WITHOUT LEAVING TRACES. I think it was actually physically possible to do it but not without help and not without leaving finger prints, fibres, DNA etc.
    Louise

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  24. that is the best photo yet i've seen of the of liars...

    can you always show the back of their heads in future? - the fronts are too hideous

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  25. aah yes... Anon 20

    do you think Gerry was getting shot of them using the infamous wallet stealing incident as cover?

    let us not forget that shortly before Gerry had his wallet pinched, our hero had famously saved a passenger's life on an easyjet flight home

    all in a day's work for SuperMcCann... "is it a bird? is it a plane?" "no it's only big fat liar Gerry McCann"

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  26. Anon 15 - good point. Ah ha - confirms once again that their weakness is the Gaspars which in turn confirms their weakness is their `fascination` for the little ones.

    Gerry - tell me, are you inviting the Gaspars to your party ?

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  27. Watch Gerry's reaction to Kate's words at 0.04secs in this video:

    http://www.youtube.com/watch?v=7kaoVqWaOQI&feature=player_embedded

    The signs were there from very early on!

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  28. http://www.express.co.uk/posts/view/152229/Police-chief-could-face-charges-

    I think Mr.Amaral has placed everything on the line for the truth to come out...he is hell bent on it.

    We have already had a retraction from Mommie Dearest...proven in court that the child could not be taken through the window...mccanns lawyer did not question this...Kate blogs that the window may now be a 'Red Herring'...Score one to Mr.Amaral for at last making the Mccanns back down about the bloody window.

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  29. on Jane Tanner, I can't advance much because I don't know the facts but what blacksmith posted is true, Robert Murat has sued Jane Tanner for alleging that he was the kidnapper, I believe some Tapas - like Fiona Payne- will also be called as witnesses to the trial, maybe even sued. One of the times that Jane Tanner assured that Murat was similar to the kidnapper was when she was placed in a civil van and when a group of people went by and she pointed at Murat said that it was him the kidnapper. She with two other tapas gave statements to that effect as well. CEOP, you can see that in 'the truth of the lie' documentary, also wrote a profile on Murat, saying that he had traits similar to Ian Huntley, ie, that he could be the kidnapper. The trial is supposedly to take place in Portugal.

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  30. Anon 22 - yes I wondered about that - I read that Robert Murat`s lawyers had threatened legal action against those that gave false witness against him. No doubt someone will confirm in due course.
    Louise

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  31. The wallet that was returned with 'Credit cards' credit cards that Mccann claimed he did not have...No One but no one returns a wallet containing money...30 Euros....easily changed at the bank.

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  32. Anon 29

    I hope this is true, because Jane Tanner is responsible for a lot of grief caused to the supposed 'suspects', then she has changed her mind with the telling.

    How can she do things like that and get away with it?

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  33. "That is, Gonçalo Amaral was even willing to violate the law of the secrecy of justice and start a media debate on the subject. Except that with the archival made a few days before the launch of the book, Gonçalo Amaral could no longer be accused of violating the secrecy. At most, he could be charged with an attempt to breach the secrecy of justice. And he really tried, but even that was not allowed..."

    So the recent lodging of a complaint is either spin or Duarte really was going to lodge a complaint. Hmm could it be the Civil lawyer does not really understand Criminal law and perhaps has made her clients look like fools well imo looking like desperate bigger ones. Really interesting times ahead. If I understand the above correctly nothing would happen even if they did lodge a complaint.

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  34. Shubob #27 that really speaks volumes. His eyes and the fingers prompting.

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  35. Taken from a police blog...

    OP

    Would you have?

    1. left your practically helpless toddlers
    2. in a room
    3. in a foreign country
    4. Whilst you drank alcohol
    5. COMPLETLEY out of sight
    6. Not joined the immediate hunt in the vicinity for your irreplaceable children
    7. Instead sat in your apartment
    8. Played tennis /jogged some days latter
    9 said by Gerry “the situation Madeline finds herself in”
    10 not answered 42 perfectly reasonable questions
    11 hired a pr guru
    12 refused to take part in a reconstruction
    13 instigated a racist campaign against our fellow officers in Portugal
    14 had close friends ID a completely innocent man and thus branded a paedophile
    15 came up with preposterous answers to stark forensic evidence, because the cadaver dog is in on it too
    16 get the PM of the day to lobby his counter part on the direction of police action

    No, thought not because as an obvious family man, you would lie down in the road, rather than expose your only children to danger.

    So the answer is it was *never too late to do the right thing* some summers back…

    Only this pair didn’t.

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  36. If Tanner is being sued, I hope LORI CAMPBELL and CLARENCE MITCHELL are also being sued!

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  37. I agree with poster No.2 that this is a tactic to encourage negative headlines and coverage for Dr. Amaral in the UK media.

    But I also see it in the wider context of being the latest move in a systematic campaign, the origins of which can be traced back as far as the early phase of the investigation. This is a campaign orchestrated by McCann and originally intended to discredit Dr.Amaral as the coordinating officer on the case and facilitate his removal.

    Having achieved that initial objective, but now faced with the same Dr. Amaral determined to continue to undertake everything within his means to solve the case, McCann's motive for continuing his campaign against the erstwhile police officer can only be that he seeks to destroy him completely.

    The libel action, the freezing of assets, the attempt to prohibit the hearing of witnesses, all these actions together with the regular attempts to smear Dr. Amaral in some way are all indicative that McCann will stop at nothing to achieve that objective.

    I suppose that if he really is involved in the concealment of his daughter's cadaver and simulation of her abduction he could argue that this is the only course of action left open to him.

    I hope that when it is all finally over that his willing helper Isabel Duarte will spare us the excuse that she was only following orders.

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  38. I thought ID was supposed to have a good reputation as a lawyer at one time - her recent performance makes one doubt that - maybe she`s not really batting for them at all.
    Louise

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  39. Wow to Ironside at 35 - from a police blog? really? - thanks for that - you`ve made my day !
    Louise

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  40. Hummm, então a juíza é filha de Cunha Rodrigues ( blog anterior a este, em "Para mim tanto faz")...Oxalá que o ditado "tal pai, tal filho(a)" não se confirme neste caso...Deus queira que a filha seja de uma outra "escola". Quando o "papá" da Sra. Juíza era PGR, fartei-me de ouvir o meu marido, que é muito ligado a assuntos políticos, referir-se a este senhor como "Cunhas e Rodriguinhos", e também como o "arquivador-mor"...ai, ai, queira Deus que eu me engane nas minhas premonições sobre o resultado deste julgamento, para bem do Sr. Amaral!

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  41. How about O'Brien should also be in line to be sued, since he said was SURE that Murat was there that night?

    Then, when it was proved he wasn't, he simply tossed this off by saying that in that case it must have been the day after that he saw him.

    A bloody cavalier attitude at the very least, after putting a man through hell.

    And all pals of the McCanns as well, although the people who worked there, and knew Murat, said he wasn't there that night.

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  42. From "The McCann Files" site:

    "Police chief could face charges" Sunday Express

    By James Murray
    Sunday January 17, 2010

    "FORMER police chief Goncalo Amaral could face criminal charges if it is found that he breached secrecy laws in his book and documentary about Madeleine McCann, writes James Murray.

    According to the McCanns' lawyer, Mrs Isabel Duarte, he published and broadcast information which should have remained private in an attempt to prove his theory that Madeleine died in the family's holiday apartment.

    In the documentary, a police dog is seen barking by a cupboard where it is alleged Madeleine's body was put.

    Mrs Duarte said Mr Amaral had no right to show film of police dogs in the apartment.

    "It is a criminal matter to reproduce the film of the dogs,so he could be prosecuted," she said.

    Mr Amaral, 50, was in court last week trying to lift an injunction banning his book, The Truth Of The Lie."


    Is this woman mad?! I thought she had a reputation of being a competent lawyer, but from examples like this...
    Am I mistaken or weren't those videos released with the DVD from the files given to the media and then shown (reproduced)on all the portuguese tv channels BEFORE Mr. Amaral's documentary was even made?! Not to mention Youtube, blogs and forums!

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  43. We have the on our TV screens in the UK every day young men being brought home in coffins fighting a war, Labour got us into, Most of the UK don't know what its over, we have lawlessness on our streets, now the earthquake disaster. We also have 2 doctors who are fighting a war, with the only man who has had the balls to stand up and be counted and call them liars to their face P-SS off MacCanns I am P-----d off with you,
    By the way Ironside, I admire your opinion very much but people do return a wallet with money, I did a lot of money and would do the same again.

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  44. @ Anonymous 7
    On what ground can you declare that GMC's IQ is higher than GA's one ?

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  45. What about Kennedy visiting the Smiths ? What about the MCM inviting in R. the whatshername creche girl ?
    I find amazing the about 9 months after GA left the inquiry. Nothing happened : the rogatory letters took 3 or 4 months to have finally the witnesses recalled of what they had stated the year before so the statements would match.The witnesses said "no" to the reconstruction and that was it. One or two sightings were very welcome to give an impression of intense activity. What else ?

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  46. I wonder if the McCanns have heard the success of the cadaver dogs as well as the search and rescue dogs in Haiti.

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  47. funny how after all this time all of a sudden

    a) the mccanns are interested in him breaching secrecy of justice
    b) have the idea to help other charities
    c) decide over a year later that his book is harming the search

    etc etc

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  48. Kate always wears slacks.
    We could see her leggs last week(skirt).
    Is she getting thinner?
    Could she being suffering of something similar to anorexia nervosa?
    Or is this normal?

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  49. McCanns plan "celebrity party"/piss-up

    http://www.dailystar.co.uk/news/view/117670/Madeleine-McCann-Celeb-party-in-cash-bid/

    These slimeballs have NO shame

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  50. To Anon 15.

    ;)The McCann's did not sue him because there was not real money in it. Even in the case of Dr. Amaral - which was destined to become a best-seller, they were smart enough to let it sell first. When the sales dropped and they reckoned they had a million (plus expenses) they went for the killing. "Aquila non capit muscas" = "Eagles do not eat flies".
    I have not checked all the facts. It is just an informed guess. I may be right though.

    AC

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  51. If the court charge Amaral for that then a lot of politics, inclusive Ministers need to be charged on the same grounds. How many revealed part of the investigation in TV interviews to try to clear their names? And the Mccann's and their spoke-person as well. How many times Kate spoke about Cuddle cat and her trousers cadaver smell to gave a BEAUTIFUL EXPLANATION INSTEAD OF JUST SAY THE DOG WERE UNRELIABLE?- 6 cadavers in the previous week and cuddle cat was there. HAVE happen A NATURAL CATASTROPHE AT ROTHLEY SOMEWHERE IN APRIL 2007 and BRITAIN DID NOT NOTICED IT? So many cadavers for a weak lady which works in part-time as a general practitioner, wonder me, must be because there happened a catastrophe.

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  52. Wasn't it illegal for the McCanns to pursue their own "investigations" whilst the official PJ enquiry was in progress?

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  53. To 48:
    Kate is as thin as a rake because she probably eats very little....have you ever tried eating whilst in a state of constant high anxiety?

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  54. C'est ce qu'on appelle pour Mme Duarte et les Mccann,une tentative pour "sauver la face", après leur manoeuvre désastreuse qui a conduit à une audience qui a eu le contraire de l'effet qu'ils escomptaient dans leur arrogance et leur manque total de psychologie.
    Pitoyable déroute et amère preuve à nouveau pour les McCann que ce n'est pas parce qu'on paye des gens prêts à vendre leur âme au diable pour gagner beaucoup d'argent que ces gens vont être à coups sûr, les plus efficaces. Bien au contraire, ils manquent de la foi et de la tranquille assurance des gens qui savent qu'ils défendent une cause juste.


    Voltaire

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  55. Jacinta 43

    Not if you had nicked the wallet first Jacinta (not that you would), but it is doubtful you would return it then with the money.

    Gerry said he had his wallet stolen, not lost.

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  56. I dont understand why the press make any reference to Kates' size, she was always thin, probably due to all that jogging.

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  57. Who are the ones guilty of supplying the McCanns with all the evidence whilst the trial was on going

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  58. janf58

    I agree.

    In the photos taken before Madeleine was 'gone', she still looks very skinny.

    All that jogging must use up the calories so fast, she would have to eat double to put on weight.

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  59. I googled Martin brunt and it came up with a picture of Amaral with confidential on it, i pressed that too,and came across another excellent website regarding the McCanns,there was some excellent professional opinions on Madeleines disappearance and of the sunsequent behaviour of the McCanns and their tapas pals,these professionals are,Dr Christian Ludke(criminal psychologist)Dr Paul Sargento,Dr Martin Roberts,Dr Vernon Coleman,Pinto da Costa (forensic security lawyer/barrister,Michael Shrimpton,and George Galloway mp,please go onto this site it is like this one excellent,and it points details out that you may of not read or heard of before.

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