30 September 2013

Why was Gerry McCann in Portugal?


Gerry McCann and one of the McCanns Portuguese lawyers, Isabel Duarte

«Dra Duarte said she made yesterday [26.9.2013] a request for the complainant G. McCann who is coming from the UK (she insisted twice on this) to be heard.» Anna Guedes report, McCann v Gonçalo Amaral Libel Trial in Lisbon - Day 5, 27 September 2013

«The McCanns’ spokesman Clarence Mitchell said last night: “I can confirm Gerry McCann is hoping to give evidence.”» Daily Star, Jerry Lawton, Madeleine's dad, Gerry McCann jets in to 'help find the truth', 27 September 2013

«The McCanns' lawyer, Isabel Duarte, said it was important that he be heard. She added: "I asked because I don't have two witnesses that I have appointed, so I have asked the court to substitute the two witnesses by Gerry, because nowadays he can give evidence."» BBC, Alison Roberts, Gerry McCann ready to testify amid £1m libel case delay, 27 September 2013

«The judge agreed to an adjournment because a member of one of the lawyers' families had a medical issue. Mr McCann was told the news as he arrived at the court in Lisbon after an early morning flight from the UK. He headed back to the airport. He said outside court: "Obviously we are disappointed. If I get another opportunity to be heard I will be back and will answer the questions I'm asked.» Sky News, Martin Brunt, Madeleine McCann: Gerry's Evidence Stalled, 27 September 2013

Civil Procedure Code (Effective Date: 01-09-2013*)
ANNEX - Civil Procedure Code
BOOK II - Of the process in general
TITLE V - Of the instruction of the process
CHAPTER VI - Testimonial evidence
SECTION II - Production of testimonial evidence

Article 510.º - Substitution of witnesses

1 - In the case of substitution of any of the witnesses, the statement is not allowed without five days having elapsed from the date the opposing party was notified, unless the opposing party waives that deadline; if it is not legally possible the adjournment of the examination, in order to respect that deadline, the substitution shall be of no effect, by requirement of the opposing party.
2 - It is not admissible the examination by letter of witnesses proposed in substitution of the ones originally submitted.
3 - The provisions of n.º 1 does not affect the possibility of the judge to order an examination, pursuant to article 526.º.

Article 526.º - Examination at the initiative of the court

1 - When, in the course of the action, there is reason to assume that a particular person, not submitted as a witness, has knowledge of important facts for the good decision of the cause, the judge shall order that it is notified to testify.
2 - The statement can only take place after five days have elapsed, if any of the parties requests the setting of a deadline for the examination.

Articles 510.º and 526.º of the Portuguese Civil Procedure Code, formerly known as articles 631.º and 645.º respectively in the previous CPC. No changes in both articles.

Effective Date: 01-09-2013 * Law nº 41/2013 of 26 of June 2013, published in Diário da República, 1st Series, nº 121, of 26 of June 2013 [PDF]




ITV, 27.09.2013

Transcript courtesy of the McCann Files/Nigel Moore

João C. Rodrigues: Hello. So, Gerry, I'm sure you was not expecting that?

Gerry McCann: No, errm... but we are where we are, so... we'll look forward to the next date.

João C. Rodrigues: Did you understand what happened?

Gerry McCann: I think, errr... Isabel will be able to explain that better.

Martin Brunt: Are you feeling disappointed?

Gerry McCann: Obviously we're disappointed, yeah, sure.

João C. Rodrigues: Are you coming back?

Gerry McCann: If I get the opportunity to be heard I'll certainly come back.

Martin Brunt: What is it you want to say to the judge who is in these proceedings?

Isabel Duarte: (interrupts) Nothing.

Gerry McCann: I'll answer the questions that I'm asked, Martin.

João C. Rodrigues: But maybe do you have new expectations about finding Madeleine?

Gerry McCann: I think, you know, all the investigation enquiries are being directed to Metropolitan Police at this time.

João C. Rodrigues: So, you are quite with the hope about what is going to happen in Portugal in a few... in the coming days?

Gerry McCann: Sorry, I missed that.

João C. Rodrigues: You have some hope of what is going to develop in the coming days?

Gerry McCann: I would just direct you to the Metropolitan Police. They're very much dealing with all enquiries regarding the investigation.

Martin Brunt: Gerry, why is it important that you give evidence at this trial?

Gerry McCann: Well, the law's changed and I think, errr... I think Kate and I know better than anyone else, errr... what we've experienced and what we've gone through and the facts of the file and, errm... the damage that's been caused to the search for Madeleine.

João C. Rodrigues: That justifies another coming back to Portugal?

Gerry McCann: We'll do what it takes.



Gerry McCann could not have testified on the 27 of September according to article 510.º of the CPC, which clearly states that «In the case of substitution of any of the witnesses, the statement is not allowed without five days having elapsed from the date the opposing party was notified, unless the opposing party waives this deadline (...)». According to reports from inside the court said request was only made one day before Gerry McCann arrived in Lisbon. So unless we are to believe Mrs. Isabel Duarte failed to inform her client, which I very much doubt, there was no legal way foreseen in the current, or former for that matter, Civil Procedure Code for Gerry McCann to have testified on the 27. Was this trip just a mere publicity stunt? It seemed a poor one, even if it was echoed and slightly distorted, as usual, in the UK media. The question that remains is: Why was Gerry McCann in Portugal?


54 comments:

  1. Here's some lurid and sensationalist non news, just to take attention from the failures of the libel trial. Stephen Birch is the same one who made claims on his facebook page that the PJ planted Maddie's dna in the McCann's car and that Portugal and UK was full of corruption, since the authorities did not give any credence to his farcical claims.

    BIRCH STATEMENT: PRESS RELEASE: MADELEINE MCCANN
    As of 10.30am this morning I received a call from Portugal advising me that Robert Murat has consented to me digging up his driveway to ascertain whether the remains of MADELEINE MCCANN lie buried beneath it. A formal letter will be emailed to me today. Mr Murats attorney has advised that as part of the negotiations, Mr Murat will undertake to withdraw all charges against me for trespassing. Legal documentation would need to be formalized. A third party is currently acting as an intermiadiary in the negotiations and will own the media rights to the entire operation. They have advised me that they will put a helicopter in the air above Murats house to protect the airspace from rival newspaper groups. It is estimated that the excavation of the Murat driveway will be viewed by over 1 billion people over a week...

    Owner agrees that SA man digs in his garden for missing child 's body
    http://www.rapport.co.za/Wereld/Nuus/Eienaar-stem-in-dat-SA-man-op-sy-erf-kan-grawe-vir-vermiste-kind-se-lyk-20130928 translation here http://jillhavern.forumotion.net/t7794p50-stephen-birch#178906

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  2. GM went as part of the PR campaign. It was so that headlines in UK could say he tried to give evidence but look, the Portuguese won't let him. It was all part of their damage control. ID knows the law why else would she let him attend. The only gain is for both GM and K8 for sympathy vote.

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  3. They are losing the case and need to pull something out of the magicians hat ? get ready a lot of breaking news is going to begin through the next part of this libel trial.

    Mark my words they want the case closed, themselves cleared and this will be where it all begins.
    There is no way they did not know about the 5 day requirement for a witness substitution with the legal teams they have in their camp.

    They have been exploring every avenue regarding changes in law for Portugal right from the beginning of the case- here's an example with Susan Healy commenting as such.

    http://www.youtube.com/watch?v=wOkpiJ6DEco
    have a look at 1.20 into the clip.

    I suspect that Gerry was there to catch up with his mates from the MET to discuss the breaking news that's coming.... and how to play it out - something huge is going to happen over the next part of this Libel trial....its all pre planned and in place....Get ready!

    Another question out of interest on my part would be to know - if the new laws can be applied retrospectively ...the case was lodged before the new law had come into been.
    that been said it doesn't really matter when you see what's about to happen.

    I wonder if "something/someone" is going to be Found ? throwing all of the case into chaos?
    They are been made to look fools and at present ...the judge has got no choice but to find in favour of Goncalo Amaral or lose her credibility - so watch closely now folks this is where it begins to turn malicious, corrupt beyond belief.

    Mojo

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  4. It seems to me Gerry McCann hoped to give evidence that day, because the Code you refer states the other side can waive that five day notice period. The five day notice period is obviously in the sense of fairness for lawyers to have chance to properly consider the written evidence of Gerry McCann and formulate proper questions of him. So I don't think this was a publicity stunt, I think it was an attempt to catch the other side, unprepared. So that McCann could just get his evidence in, without being cross examined by Amaral and others' lawyers. In my experience of court proceedings, when one side resorts to those kind of tactics, they are almost invariably the side that finishes up losing. That is why they need to resort to tactics and judges clearly recognise the side that are not playing fair and form the appropriate view of just why they are doing that. IMO Gerry McCann arrived to try and right the wrongs done to their case, by, in particular, Michael Wright who said Amaral book damaged the "investigation". This obviously caused the Judge to comment that was not possible. McCann preferred word is "search" meaning when they instructed Metodo 3, then Halligen. I hope Amaral lawyers get the chance to ask him, was that an appropriate search for your daughter, did you verify their credentials? When you had millions/Kennedy at your disposal why not hire a large American firm for example who specialise in finding missing children, particularly given you visited America in July 07 and we so fond of their procedures for missing children, amber alert etc. This of course is always subject to the judge intervening and saying off topic, lawyers have to be careful how they phrase questions, I know and keep them relevant.

    Thanks very much for posting your relevant civil procedure rules. It is so difficult otherwise to try and figure out what is going on.

    Obrigada !

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  5. @2 Maybe, but that sounds like a costly and ineffective PR exercise, futile even since he will probably testify at a later date. The element of surprise is gone.

    Now, don't you find it odd that sudden change? Calling, Scotland Yard, their trump in all of the McCann latest propaganda, "Metropolitan Police"?! Keep in mind SY are said to be in Portugal at this moment. I specifically direct you to this exchange :

    «Gerry McCann: I think, you know, all the investigation enquiries are being directed to Metropolitan Police at this time.

    João C. Rodrigues: So, you are quite with the hope about what is going to happen in Portugal in a few... in the coming days?

    Gerry McCann: Sorry, I missed that.

    João C. Rodrigues: You have some hope of what is going to develop in the coming days?

    Gerry McCann: I would just direct you to the Metropolitan Police. They're very much dealing with all enquiries regarding the investigation.»

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  6. Since day one of this case it's been all smoke and mirrors and what you see, is not necessarily what you get or got.

    No right minded, well educated person would turn up at a court and expect to be heard, no more than a sick person would turn up at an NHS doctors surgery expecting to been seen without an appointment.

    The spin word was of course HOPE... he had hoped but THEN thwarted by circumstances - adjournment of a urgent family matter of one of the lawyers for GA. But .... that really worked in Mr McCann's favour, since he truly would have appeared somewhat ill informed telling the press the court wouldn't 'hear' (give witness), having traveled all the way from the UK

    So, what really happened. Well let's us think this through. Mrs McCann went to the earlier sessions, it was his turn and things are not particularly overtly optimistic that they had it in the bag! so they are now wanting to participate. We have to acknowledge the law has changed, but it was up to their advisers to tell them whether they came under the old law or the new one, BEFORE he traveled. But even so why do we the public have to know? Why not merely go, whilst your legal team submit the necessary formalities. Media pressure?

    WHAT SORT OF LEGAL ADVICE are the McCanns getting. Don't answer 48 questions, really? Bow out of the reconstruction with good grace since the other participants THEIR FRIENDS, declined. Don't exercise any rights when the case was shelved. Pursue a case of libel when the object of the libel the BOOK have already been through aspects of the justice system. Who's behind this type of advice, sounds very much like a COMMITTEE.

    Who is reading documentation and giving them, what is clearly to be seen the wrong information.

    Meadow

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  7. Reply to @ 3

    If they lose and if they have the guts for it, that is the grounds that appeals are built on.

    Meadow

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  8. Hi Viv ...you make me laugh !

    Tell me about the Met and their actions to date?
    Come on.... lets hear all your legal knowledge regarding their actions and give us some examples in case law where they have acted as they have in this case!

    Can I Just say to people who blog here .....not everyone who claims to be on the side of Goncalo Amaral and justice are, anyone can see with half a brain that He is the one in the right morally, legally and in every which way! period.
    .
    Some of followed this case from the beginning and have seen these so called experts for what they are.

    I am afraid to say I feel that another site that declares to be on the side of Justice is in my view full of BS ..........I like those initials lol.

    mojo

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  9. @3 «Another question out of interest on my part would be to know - if the new laws can be applied retrospectively ...the case was lodged before the new law had come into been.»

    In civil actions such as this one, the current changes of the Civil Procedure Code will be applied.

    @4 «It seems to me Gerry McCann hoped to give evidence that day, because the Code you refer states the other side can waive that five day notice period»

    I very much doubt Mrs. Isabel Duarte was expecting the lawyers defending the 3 other parties to waive the deadline. Unless she was expecting for the defence lawyers to be utterly incompetent, which again I doubt she was.

    «The five day notice period is obviously in the sense of fairness for lawyers to have chance to properly consider the written evidence of Gerry McCann and formulate proper questions of him»

    You seem to have misread the second paragraph of Article 510.º which clearly states no written evidence can be sent by deponents who are replacing witnesses that were previously appointed.

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  10. @8 Mojo, please refrain from verbally attacking/mocking other commentators on this blog. Thanks

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  11. Also, why was Martin Brunt of Sky News. He was not there any previous day?

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  12. Try this one, a man who had emigrated to Spain and murdered his wife, gets prosecuted in Uk for it. You will see she even featured on Missing Persons webpage.

    http://www.coventrytelegraph.net/news/coventry-news/nuneaton-man-charged-murdering-wife-3093180

    Also look up what substitute means, to replace one with another. In this case I believe Duarte is talking about replacing two witnesses who were already in the process with Gerry McCann.

    And finally, I wonder why you feel the need to be so rude, "Mojo"?

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  13. Jo, in UK any person who wishes to give evidence in civil proceedings must firstly serve a witness statement and then attend to be cross examined on that. If they do not attend to be cross examined upon it, a court can either ignore it or give it little weight because it has not been tested by cross examination. Are you saying that in Portugal Gerry McCann could have just given verbal evidence without first serving any written statement?

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  14. @13 As far as I can see there are 3 articles that foresee the case when a witness statement can be presented in writing, Artigo 517.º, Artigo 518.º and Artigo 520.º

    They all seem to refer to exceptional situations when a witness cannot testify in person in the court.

    Then we have Artigo 461.º which states « 2 - The part [the deponent] cannot bring the statement in writing, however it may use documents or notes of dates or of facts in order to answer the questions.»

    So yeah, it seems that reading from a script is not allowed. But I'm not an expert in Portuguese laws, so there's always a possibility that I might be wrong.

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  15. Joana ...I apologise nothing is meant as an attack.. more a frustration at how everything seems so one sided.
    If anybody is offended I apologise to them but they are my observations.

    I will try to phrase my posts better in future.

    Mojo

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  16. Sure Mojo, np :) I totally understand that.

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  17. Thanks JO, that is very different to UK procedure. It looks like in Portugal, as you say the witness simply attends and is then examined by the judge and lawyer for the claimant, then cross examined by the defence lawyer. That does make it very hard for the defence to know in advance what is to be said and to prepare cross examination. In Portugal, as you say statements are reserved for occasions when this procedure is very difficult, so I wonder if Gerry McCann will now say he cannot return for the usual procedure and will try instead to just submit a written statement. We can but wait and see x

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  18. @17 Again I don't think he can submit a written statement, at least not as far as article 510º, para. 2 states regarding witnesses who are substituting witnesses that were initially called. However, Gerry McCann isn't an ordinary witness, he is one of the interested parties, so perhaps he might be allowed to submit his testimonial evidence in that quality. Have to check. But would he pass up the opportunity of being under the spotlight?

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  19. :-)) Take your point Gerry likes to be in the spotlight and of course UK media had a Clarence Mitchell press bulletin (be on it Gerry is going to Portugal) the day before bringing Martin Brunt flying back!

    There is the possibility the same procedure as with the police interviewing is going to take place, I suppose. Kate McCann it would seem, it was decided she will not answer police questions, but Gerry will, although in reality he did not, blank denials etc. No Kate never did suffer from depression. Gerry seems to be so arrogant he thinks he can blag his way out of anything. What is to be avoided, it would seem, is Kate McCann being put on the spot. She seems to have gone and there has been no mention so far of her taking the benefit of this change of law in Portugal and giving evidence herself. Would that be fear of a lawyer saying to her you claim serious psychiatric injury, did you see a doctor or psychiatrist about that? I don't know whether there is some procedure that any medical evidence has not been made public, but on the face of it there does not seem to be any, which is very odd, given that is the main basis of their claim, causing serious psychiatric injury.

    I often think McCann couple may have a very special reason why Kate will not answer questions, that only they are their friends know the absolute truth about. Leaving children alone and one dying is manslaughter, but if you were there, it might be murder.

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  20. I thinks it's a PR stunt and it has backfired on him. What's the chances he will be accepted as a witness and will be unable to make it due to work commitments?
    Could he be worried about SBirch and has been to see people about this situation, using the hearings as a cover? Have the McCanns commented on this situation recently? They normally do, through the press but I haven't seen anything yet which is unusual - I may have just missed it though.

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  21. I am confused but that is nothing new. All I want to know is are things going bad for my beloved Kate and Gerry. Please Please tell me yes. I don't want to pop my clogs with this case unresolved. The way things are going I will.

    Mary Liverpool UK

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  22. @20 http://youtu.be/3hGrB5my67o Kate McCann's answer regarding Birch's claims at 6:58 Birch seems to be a crackpot scammer like the other South African Daniel Krugel and his "Matter Orientation System" machine that sniffed cadavers, invited by Maddie's parents to go to Praia da Luz in 2007.

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  23. hey Gerry old man,(bet you read here)when you get on the stand next week, make sure you tell the true and the whole truth,because you will be under oath. or are you not going to bother to turn up now your in between a rock and a hard place, not even for Madeleine.

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  24. To me it was obvious why Gerry was there.He knew that even if he wasn't heard at the hearing that the British media would let him have a say and it would be headlines in the British media.Just more spin in other words.Surely if Gerry has a chance to speak at the hearing it would be totally biased,he could say anything about how 'stressed' they were, but, in reality,surely medical evidence to prove that GA's book caused this would need to be provided to the hearing? They could smile for the camera's days after they alleged Madeleine was 'taken' ,which was her 4th birthday? Wouldn't that be the most stressful and heartbreaking time of a child's parents? Wouldn't that be the time a parent/parents would have a breakdown/feel like they couldn't carry on but do for their other children? Also,if they felt GA's book hampered the 'search' for Madeleine,which,in fact is untrue,as they employed people to do that,why try and sue him for £million? SY are now 'investigating' at the cost of £10m of British tax payers money,so the £million won't be needed by the fund.So the money is for them,for what?

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  25. Thanks 22, I saw that last year. I was wondering if they (McCann's) had commented recently after Birch's recent announcement that he now has Murat's permission to dig at his property.....?
    Anon 20 :)

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  26. @25 Don't think they have, not recently at least. Mind you, if Birch stolen "investigation" had any credibility, which it doesn't, the McCanns reaction would be at odds with their own choice of calling the Krugel Krackpot .

    «By Mark Harrison MBE
    National Search Adviser Homicide, Missing Persons, Mass Fatality Disasters in National Policing Improvement Agency [NPIA]
    23 July 2007

    - Extract from report, relative to search by Mr Krugel -

    A Mr Krugel, at the McCann's request, attended Praia Da Luz last week from South Africa alleging he could assist in locating Madeleine McCann. I have spoken with the Police officers that accompanied him and viewed the documentation Krugel has supplied to the PJ.

    The limiting factor in coming to a view is that Krugel did not allow anyone to view the handheld device he had with him or observe him using it. He was unable to provide any validating scientific data or documents to support the claims he made or the device he alleged to have with him.

    In short he would appear to claim he has uniquely developed a handheld device that can find a missing person alive or dead in any given terrain over any elapsed time period.

    In debriefing the officers who accompanied Krugel it is possible to hypothesise what he may have been doing and using.

    In consultation with a colleague Dr Wolfram Meier-Augenstein we feel he may have been attempting to give the impression he had developed and was using a "Remote Laser based gas sensing device". However his claims regarding the distance of detection, up to 20km, and the use of a hair sample are highly unlikely and would be a great innovation in the scientific world. Further provenance of this technique could be sought from Prof. Miles Padgett who is a Professor of optics in physics at the University of Glasgow.

    One obvious challenge to the claims of the device capability is that if Krugel claims that by taking 3 separate location readings he is able to triangulate to an area then one would assume that, as an area was identified, further reading and triangulation inside that area could be conducted repeatedly until an "X marked the spot".

    Of most concern is the poor quality of his report which merely shows a google earth image of an area to the east of Praia Da Luz and includes open scrub and beach and sea. As Krugel was not prepared to allow the device to be viewed or provide any specification data of readings or equipment and the fact that no known device currently exists commercially or academically then I can only conclude that the information he has provided is likely to be of low value.» http://themaddiecasefiles.com/topic30.html

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  27. The thing with the McCann's is that I really never trust anything they say. Credible info is 'downed' by them and things that are really bizarre and unclear are 'championed' by them. I have doubts about Birch but because the McCann's are apparently ignoring it (at this moment) makes me wonder why.... Can you see what I mean? They want no attention drawn to it....if it was complete rubbish in their view why would they not have it all over the media so that when Birch fails they can use it to their 'abduction' advantage?

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  28. Now you can make £1 to £100 donations to the McCanns lawyers and PR's, what do you get, nothing but a sense of guaranteed insatisfaction and of being robbed! Or you can buy a tacky yellow wristband for £1 "to keep reminding you and others about Madeleine" or a £5 Find Madeleine T-shirt "Polyester/Cotton T Shirt. These shirts are of a very high quality and have the text and picture printed directly onto the material. The front has the text "Don't You Forget About Me" and the rear has the web site address." with 3 year old Maddie's face on it! Don't forget, high quality polyester T Shirt! http://www.findmadeleine.com/online_store/index.html

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  29. Anybody remember when Martin Grimes with Eddie and Keela were searching 5A? Who couldn't help himself driving around the block to get a glimps at what was happening?

    He can't keep in the second row, it is compulsory, and who knows he might have checked again what police are up to atm.

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  30. @27

    http://www.gerrymccannsblogs.co.uk/press/63july12/MORNING_10_07_2012.htm

    Original Source: ITV THIS MORNING: TUESDAY 10 JULY 2012

    TM blogger Published: Tue, 10 Jul, 2012

    With thanks to A Miller for transcript

    With thanks to BrenR1958 for video


    Phil: It’s one of those things, that you wonder when you read the newspapers, and you think I wonder how helpful this is to the family because at the centre of every big newspaper report there is a family that is going to be reading it and maybe not wanting to see it, and there was the evidence from Stephen Birch who spent £40,000 on a scanner, took scans of the Praia da Luz area and said that he found a void underneath there, are you aware of all of that?

    Kate: Yeh, I mean ya know the Met let us know about it in advance of it hitting the newspaper. I guess ya know there was no credibility to it, I mean, who is this person at the end of the day, ya know so…

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  31. ROAD RUNNER

    When it comes to the crunch, Clarence Mitchell-Burson Marsteller-Conservative Party-Scotland Yard like to believe they know best but... do they?

    If the court refuses to hear The Oracle (as indeed it should) then the manipulated, profit-oriented, interest-vested, carter-rucked, writ-shy Media will portrait "Road Runner" as a victim of the "backward" Portuguese justice system.

    :o Oh! Really?

    Such gambit might serve Team McCann right during their future appeals; firstly in Portugal and later at the European Court of Human Rights - except, I don't see how they can succeed here, there or indeed anywhere.

    The facts are out in the World Wide Web!

    Team McCann might hope Strasbourg will be more sympathetic to them than Lisbon, but the listing of damages alone (see below) already indicate a likely outcome.

    The McCanns "damages" comprise "Road Runner" himself, his jogging wife Kate, plus their two other children "personality rights".

    Amaral's damages comprise:

    (1) His personality rights plus "freedom of expression" which is enshrined in his country's Constitution (article 37).

    (2) His ex- wife personality rights. Separated as a result of the stress and deprivation imposed by the McCanns' prohibitively expensive, legal barrage and associated reputation management, directed by master spinner Clarence "Mickey Mouse" Mitchell, his global reputation management outfits and his political influences within the Labour Party (then) and Conservative Party (now).

    (3) All of his ex- PJ team (and families) personality rights.

    (4) The personality rights of Amaral's three (3) daughters.

    In terms of the sheer number of people affected by the McCanns' blunder - of leaving their children unsupervised, locked alone in a strange flat, night after night, Amaral wins hands down. He has nothing to do with the parents' carelessness and the events that ensued as a result

    Incidentally, central to Team McCann, dry-cleaned version of events is Emma "Cock" Roach's "abduction" mockumentary which was since been brilliantly de-constructed by Textusa's in one of her brain-storm postings. Please check her blog for details if you haven't already done so.

    Further reading:

    https://www9.georgetown.edu/faculty/irvinem/theory/baudrillard-simulacra_and_simulation.pdf

    @

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  32. @30

    Kate MCann 'I mean who is this person at the end of the day, ya know so...'

    Crack pot or not, who knows, but this guy is the guy who said her daughter is buried in the ground and he knows where.

    Does this constitute a stone unturned?


    Duarte/McCann knew Gerry McCann had not officially been included on any witness list, but McCann was prepared to 'chance his arm' risk it, boldly go where no man had gone before him - gatecrash the Court (things were going that bad for his libel case)

    McCann believes he can not only walk on water, but part the waters - that the Court Room doors would like a miracle, open to him paving a path for him straight to the Witness box where the Judge would bow in his presence, and be honoured and humbled at his attendance in her Court.

    He is that damn well arrogant he would have expected no less.

    No he didn't want to be there. But yes he knew he had to be. There was a libel action fast going down the drain.

    Whether he was allowed to appear as a witness or not, he took that risk, either way he could spin the tale to suit his purpose.

    He had nothing to lose by going, and everything to lose by staying away...

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  33. Thank you Joanna for that information- you work so hard-it is appreciated!

    I tend to agree with the poster who claimed that Gerry turned up to be knowingly dismissed, so that he could say "I tried to tell the truth but THEY wouldn't let me". Great PR.
    However, I believe there is another motive for his 'visit' I just sense something isn't quite right...

    Has anyone else noticed the UK press are not using inflammatory language i.e"fat lying corrupt cops"- "garlic munching lazy cops". Hmmm interesting.

    Sorry, for those of you who can't make out who I was talking about, it is hard to comprehend really!.
    1. McCann's brought to the attention of the media about the Portuguese police doing nothing- the MSM went on the slagging rampage.
    2. Scotland Yard were actually accused of corruption within the force and they didn't get the same slagging rampage. So that's ok then.
    Short version :-if you are Corrupt,lying British cop it is not as bad a ACCUSED but not proven, Portuguese cop. subtle hint of racism - anyone?

    My understanding of the SY involvement was they were not INVESTIGATING but merely going over old ground to see if anything or anyone was missed. A luxury the tax payers of both countries may not want: due to the economic climate. They have people of 'interest' Good. Lots of sightings and Gossip.

    Kate and Gerry do not want people searching for a dead body. They needed the fund and they needed her to be alive to extract money from people. That is what this case is really all about! Remember that first picture of quaintness they painted " Maddie could be with a loving couple who can't have children" Hmmm yes we all believed that one. They were trying to reduce the impact of sheer horror of what could have been happening to a defenseless, terrified child, by making it all sound very like a "Little house on Prairie script".- we sat in our garden having a refreshment- when suddenly in the space of a few minutes our daughter was 'snatched' from her bed...before our very eyes! -Seriously come on.

    The witness list so far has been disappointing- where are the rest of the TAPAS CREW? witnesses of the 'abduction'? bring out little Maddie's colouring book. As far as I am aware in UK law- it is only police who have to ask permission to read from their notes only regarding the suspect/accused statement after he/she was read their rights.

    Signed
    Miss Taken Identity
    I wonder if Amaral will read out trhe Gaspars statement?

    What ever happened to little Maddie- I don't ever claim to know, I wasn't there- It must have been or still is terrifying for her- So Kate and Gerry just want to move on, well why not, Maddie would have wanted that...and if IF there is a miracle and Maddie is found alive I just don't know if they will EVER get their little Maddie back- I would go as far as to say Would Maddie want to go back?- she might even bring a civil action against them for neglect...

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  34. He was there so he wouldnt be called and that way he could say it wasnt fair

    Yours

    Brother John Mccann

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  35. http://www.mccannfiles.com/id232.html

    (Scroll down page to see the article)


    Owner agrees that SA man can dig in his garden for missing child's body, 28 September 2013

    Owner agrees that SA man can dig in his garden for missing child's body Rapport

    ­Stephen Birch (48) | Photo: Nasief Manie
    Stephen Birch (48) | Photo: Nasief Manie

    Jacques Steenkamp
    2013-09-28 23:51

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  36. Is this 'dig' agreed by Murat what the Portuguese reporter was referring to when he asked Gerry McCann what he thought of what was going to happen in coming days?

    And McCann replied - that Metropolitan Police deal with everything regarding missing Madeleine.

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  37. Joana.
    Can anyone elaborate on the below quote - who are the two witnesses that have been substituted and why?



    The McCann's lawyer, Isabel Duarte, said it was important that he be heard.

    She added: "I asked because I don't have two witnesses that I have appointed, so I have asked the court to substitute the two witnesses by Gerry, because nowadays he can give evidence."

    mojo

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  38. @31 "He had nothing to lose by going, and everything to lose by staying away..."

    Well said. Excellent comment.

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  39. There are as many faces to Gerry McCann as the town clock. The ones that spring to mind are: The Gerry we see on the steps of Lisbon Court pretending he wants to testify and convincing no one, not even himself (certainly not his lawyer who looks as if she wants to be somewhere far away from him). Another is the Gerry of a few years back who told us he was going to Lisbon to see what more could be done with regards to Madeleine, when he was really there to start the process of silencing Goncalo Amaral. (admission in the book "madeleine" - small "m", courtesy of Kate McCann - thanks Kate a mine of info your bleatings). And, just to throw in this beauty Gerry, plus laughing Kate, the twin narcissists, interviewed Sept 2008 for Expresso (after their arguido status was lifted) and looking like the cats that got the cream. I swear, if you ever feel sorry for the state of their caved-in faces since circa May 2013, take a look at that vid on Youtube. It will set you straight in seconds and shock you all over again.

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  40. @39 In ref. to your comment Expresso video interview http://www.youtube.com/watch?v=7P-z5HJxr0o

    McCanns in Expresso - Interview http://joana-morais.blogspot.com/2008/09/mccanns-in-expresso-interview.html

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  41. @ 37 One could be Marinho Pinto or maybe some McCann relatives 'Due to the judge's unforeseen absence the court was not able to hear the remaining witnesses, relatives of the British couple." http://algarvedailynews.com/news/10862-mccann-vs-amaral-libel-case-judge-takes-the-afternoon-off «The session commences with a discussion on the order in which witnesses are to be heard. The McCann family lawyer Isabel Duarte requests a modification because some witnesses reside in the UK (the last session on 13th September, was shortened due to the judge's personal problem). Isabel Duarte had proposed written statements but defence lawyers Fatima Esteves and Santos Oliveira objected (all parties must agree). This protest has to be written down.» http://miscarriageofjustice.co/index.php?topic=2314.0 Unfortunately neither that forum nor the McCann files have a list of all witnesses that were called and/or that were unable for some reason or another to testify, so it's hard to see who they could be.

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  42. @41

    http://www.mccannfiles.com/id232.html

    Court Reports


    Complete list of witnesses called by the McCanns

    On Day Two, the judge did not return from lunch, due to a personal issue, and the witnesses scheduled for the afternoon session (Susan Healy and Trish Cameron) were not heard.

    On Day Three, Isabel Duarte made a request that those witnesses who had not been heard be allowed to provide written statements (given they were resident in the UK) but defence lawyers Fatima Esteves and Santos Oliveira objected (all parties must agree) so the request was denied.

    Day One

    Witness 1: Susan Hubbard - Wife of Rev Hubbard and friend of the McCanns since May 2007
    Witness 2: Emma Loach - Documentary maker and friend
    Witness 3: Dave Edgar - Former police officer employed as private detective by the McCanns

    Day Two

    Witness 4: David Trickey - Psychologist and specialist in child trauma
    Witness 5: Angus McBride - Lawyer and advisor to McCanns following their return to the UK in Sept 07
    Witness: Susan Healy (not heard)
    Witness: Trish Cameron (not heard)

    Day Three

    Witness 6: Alan Pike - Crisis counsellor [despite UK press reports, Pike admits in his testimony that he is not a psychologist]
    Witness 7: João Melchior Gomes (video conference) - Deputy Attorney General (Ret'd), signed AG Report
    Witness 8: Alípio Ribeiro (video conference) - Former National Director of the PJ, now works as a Ministry Inspector
    Witness 9: Cláudia Nogueira - Lift Consulting, McCann PR in Portugal

    Day Four

    Witness 10: Michael Wright - Married to Kate's cousin/family friend
    Witness 11: Isabel Stilwell - Portuguese writer and journalist

    Also See

    http://l-azzeri-lies-in-the-sun.com/McCann_Flying_Solo.html

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  43. @ 37

    Marihino Pinto - Has the Judge not ordered him to appear at a November date hearing?

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  44. Thank you @42/43 It's possible from that list that «Witness: Susan Healy (not heard)
    Witness: Trish Cameron (not heard) » are the ones Isabel Duarte was referring to in the BBC article. And you're right, Marinho Pinto will probably testify at a later date.

    'The Judge then announced that the 27th witnesses would be heard on the 2nd of October (Henrique Machado (journalist of Correio da Manhã), Eduardo Dâmaso (political analyst) and Mrs Cameron).
    From this I deduce that 1) Mrs Healy will not be heard and 2) Mrs Cameron is the last witness for the accusation, except for the bar association president, Marinho Pinto who eventually will be heard on the 19 of November. » - Anne Guedes report at th UK justice forum

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  45. is there a maximum number of witnesses that can be produced ..a cut off point?

    Mojo

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  46. @45 Maximum 10 it seems, for each party (3 parties for defence and 1 accusation - 40 witnesses?). The judge, according to para.4, can also allow other witnesses to be heard besides the stipulated max 10.

    Artigo 511.º
    Limite do número de testemunhas
    1 - Os autores não podem oferecer mais de 10 testemunhas, para prova dos fundamentos da ação; igual limitação se aplica aos réus que apresentem uma única contestação; nas ações de valor não superior à alçada do tribunal de 1.ª instância, o limite do número de testemunhas é reduzido para metade.
    2 - No caso de reconvenção, cada uma das partes pode oferecer também até 10 testemunhas, para prova dela e da respetiva defesa.
    3 - Consideram-se não escritos os nomes das testemunhas que no rol ultrapassem o número legal.
    4 - Atendendo à natureza e extensão dos temas da prova, pode o juiz, por decisão irrecorrível, admitir a inquirição de testemunhas para além do limite previsto no n.º 1.

    http://www.pgdlisboa.pt/leis/lei_mostra_articulado.php?ficha=501&artigo_id=&nid=1959&pagina=6&tabela=leis&nversao=

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  47. @44 Very welcome!

    Big question remains, as Joana asks -

    Why was Gerry McCann in Portugal?

    And the other biggie now - Will he return, not just return, but return to testify?

    Cheers

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  48. Joana ..thankyou for that information.

    If the quota of 10 is exceeded as allowed by the judge - does a reason have to be given?
    Have the McCann team not already exceeded that number?

    Mojo

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  49. #43 Marinho Pino tried to do with this judge what he did before (successfully) to avoid being cross-examined about those famous "Photoshop" pictures which gave Amaral a criminal record.

    The judge however saw through his manoeuvre. I understand he can now only appear in person, in which case he can be cross-examined by the defence. I doubt he will appear but; let us wait to see.

    :c If he does appear it will be fun! With such an operatic buffoon loud laughter is always guaranteed! Suffice it to say that with the possibility of Pino being cross-examined his statements will now be irrelevant................................................

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  50. McCann seemed to catch himself after saying "file"...and ID started blinking rapidly and looked away. This couple should not win this case with their parade of idiotic bumbling witnesses. Yet we must fear whoever protects them and obliges the msm to treat them like sacred cows.

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  51. Without digressing to much ....should not the witnesses be what they claim to be.

    Alan Pike is been reported in most UK newspapers such as the Daily Mail, The Telegraph, The Sun, Daily Express, Daily Star, Daily Mirror ......as a British Psychologist yet when questioned on this, it becomes apparent he is NOT.

    o dear.

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  52. In the UK I have been told anyone can call themselves a psychologist, apparently it is not a protected title.
    You could advertise yourself as a psychologist and there is nothing anybody can do about it .....set up your own little help centre and it would be legal.

    However if you called yourself a "clinical" psychologist or a "councillor" psychologist or a "forensic" psychologist then you would be committing an offence...there are other examples also ......suffice to say that anybody can call themselves a psychologist I have been told officially.

    Do we have any medical experts here who can confirm that the above is correct ?

    mojo

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  53. We people fed up with Mccanns life story, we are told they have not read M Amarals book, how can they say people have not looked for Madeleine, the whole people have looked for her. Why mccanns want people to look for her when they did not bother. Before Mr Amarals book came out the people knew the little ones were left on their own every night and Maddie cried for one hour. How can they say that people stopped looking for Madeleine? They have no proof that people stopped looking for her. The court should stop wasting time on Mccanns innocence and come to their decision. Portugal is a nice place for holidays and they have spoilt it with all their lies, we hope the court is honest.

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  54. Mr McCann has been on television tonight, he loves to be on television, they have so many witnesses they are worried the truth will come out. We think Mitchell find them all to come to the court Mccanns went to Mr Cameron, he gave lots of taxpayers money for the police to investigate the case and nothing has been found. The British government should not interfere in Portugal case, how can you trust them. Mr Amaral is still fighting because he knows he speaks the truth but they do anything to give him trouble to stop him. We hope the court comes to the right decision and it not put off by the British. The German people wish Mr Amaral good luck.

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