McCanns ask for extrajudicial settlement
They were the ones who took him to court for defamation and asked to suspend the judgement in order to negotiate. On the eve of the trial of Gonçalo Amaral, against whom they filed a complaint, the McCanns asked to negotiate.
by Hernâni Carvalho
Not often the accusers ask to negotiate before a trial, but in this case it was so. TVmais found that, on the eve of Gonçalo Amaral's trial, the McCann couple lawyers proposed a meeting in order to reach an extrajudicial settlement [out of court].
In court, Madeleine McCann's parents demanded from Gonçalo Amaral (see box*) a compensation of 1,2 million euro for alleged defamation. Now it's them who propose an extrajudicial settlement. TVmais also learned the lawyers for the defendants have accepted a meeting to take place within the following 20 days.
As all parties have agreed, the start of the trial, scheduled for the 24th of this month at the 1st Civil Court of Lisbon, “has been suspended because the parties are trying to reach an agreement”, said a judicial source to Lusa News agency. All witnesses have already been notified of the suspension of the hearing.
Now follows a period of six months, after which, if there is no agreement, the hearing will be scheduled and the trial will start.
This trial was supposed to have started twice and was postponed as many times.
In this action Kate and Gerry McCann further claim for the protection of rights, liberties and guarantees and in order to secure the amount they claimed, the McCanns asked for the seizure of Gonçalo Amaral’s assets. To understand how he interprets the step taken by the McCanns, we contacted Gonçalo Amaral, who told TVmais “the eve of every negotiation is the most unsuitable moment to speak”. Until the close of this edition we were unable to talk with the McCann couple.
The process is taking place at the 1st circuit of the Civil Court of Lisbon. Madeleine McCann's parents demand 1,2 million euro for alleged defamation. The defendants are Gonçalo Amaral, former coordinator of the Judiciary Police and author of the book “Maddie, The Truth of the Lie”, the book publishers Guerra & Paz, Valentim de Carvalho who produced a documentary based on the book, and TVI, who have broadcast it.
With a legal proceeding made by the McCann couple, the prohibition of the book and documentary “What Lies beneath the Truth”, which present Gonçalo Amaral’s theory of the involvement of Kate and Gerry McCann on their daughter’s disappearance and hiding her cadaver, was provisionally ordered on the 9th of September of 2009.
However, the Appeals court and the Supreme Court of Justice had favourable decisions benefiting Gonçalo Amaral, as it is explained in the ruling of the Appeals Court of Lisbon ( transit in rem judicatam on 22/11/2010), and in the decision of the Supreme Court ( transit in rem judicatam on 13/09/2011) rejecting the appeal made by the McCanns.
As we published at the time the courts decreed for the book trustee [Isabel Duarte] to return the books to Gonçalo Amaral and to the book publisher. And so it happened (26/04/2012).
The Madeleine McCann case
Madeleine McCann disappeared on May 3, 2007, from the apartment 5 of the Ocean Club, a tourist resort in Praia da Luz, in the Algarve, where she was enjoying a holiday with her parents and twin siblings. At that time Gonçalo Amaral was the coordinator of the Department Criminal Investigation of the Judiciary Police of Portimão. Kate and Gerry McCann remained in Portugal until they were made arguidos [official suspects of a crime], in September of that same year. Then, they left for England with the twins. The process was eventually archived for lack of evidence in July 2008, although the Public Ministry admits the reopening of the case if new data (just like the Law states regarding any closed or archived process) about the disappearance of Madeleine McCann emerges.
in: TVmais, 24.01.2013 (paper version)
En Español aquí» Hasta que se sepa la Verdad
Gonçalo Amaral, quoted the following, by the Brazilian philosopher Paulo Freire (author of Pedagogy of the Oppressed) on January 19th: “If our option is progressive, if we are in favour of life and not death, of equity and not injustice, of correctness and not of fatalism, of the coexistence with the other and not of its denial, we do not have another path but live fully with our choice.”
Excerpt from 'Querida Júlia' talk show, broadcast by SIC on 23. 01. 2013
Hênani Carvalho (HC) - The McCanns, Madeleine's parents, as you know, sued Gonçalo Amaral for defamation. On the eve of the trial they asked for an extrajudicial meeting with the various defendants. As you know the defendants are the coordinating inspector Gonçalo Amaral, TVI, Valentim de Carvalho and Guerra & Paz. They asked for an extrajudicial meeting. I wrote about that this week on TVmais.
Júlia Pinheiro (JP) - The issue is today on the news-stands.
HC - Exactly. The extrajudicial meetings close to the trials are common, but usually it's the defendant who proposes...
JP - The defendants, right?
HC - ... a solution out of court.
JP - Not the one that accuses [plaintiff], right?
HC - Let's see if this meeting will end in something, if it doesn't, at least it bought someone time, whomever that someone is.
JP - So, what do you think? Is this a delaying tactic, to win time?
Lower Third - 'McCann couple orders the suspension of the trial against Gonçalo Amaral'
HC - So far... the beginning of this trial has been postponed about two or three times already. The fact that all parties have agreed [on the extrajudicial meeting requested by the McCanns] led the judge to agree with the suspension of the trial, so everything will start in six months time with either an extrajudicial solution or with the trial.
JP - Unfortunately, without knowing anything about Maddie McCann. That's the issue that doesn't move forward, it doesn't progress anymore.
HC - About that, there is something that we do know, she disappeared from Praia da Luz, that night, from that apartment.
JP - And she was never seen again. Let's move to...
HC - She was seen various times.
JP - Recently I haven't seen anything about the sightings.
HC - There was another one, just a few days ago she “appeared” [ref. Brazilian Hoax/Daily Express].
JP - Really?
HC - Yes, but I have had enough of that championship [circus].