Gerry McCann unable to testify for a second time
Gerry McCann arrives to court with sister Trish Cameron, September 27, 2013
Gerry McCann was unable to testify for a second time. Judge will decide until the 10th of the current month if Gerry McCann will be able to testify or not.
Trish Cameron, Gerry McCann's sister, testified.
Mrs. Healy tried to testify but was unable because Isabel Duarte, the McCanns lawyer, had already given up her as witness. Eduardo Dâmaso will testify in the afternoon.
CMTV, 2 October 2013
News anchor, Andreia - Let's now go back to the trial that is taking place in Lisbon. The Civil action that opposes Gerry McCann to the inspector, to the former Judiciary Police inspector [Gonçalo Amaral]. We're watching him exiting. Magali Pinto, we were watching then Gerry McCann exiting.
Magali Pinto - Precisely Andreia, it's an hectic moment. Gerry McCann has just exited Pálacio da Justiça in Lisbon, he is now walking towards the car, and he didn't have a chance to testify today in court. In fact, everything seemed to be scheduled so he could testify today to the judge at Pálacio da Justiça. He, himself had asked to testify in this court session however the judge did not grant that request, stating she has a deadline until the 10th of October [to decide], therefore today it wasn't the moment where Gerry McCann was able to testify. During the morning session it was Gerry McCann's eldest sister who testfied and reported only about the moments when Gonçalo Amaral's book, 'the Truth of The Lie', had been published and spoke about the way Kate and Gerry reacted to that book. She said they were very upset with the fact that book defended a thesis in which Madeleine McCann was already dead and that the parents had tried to conceal her body. Indeed, the McCann couple ask for a compensation of 1,2 million euros for damages, they claim they were defamed in the book 'Maddie, A Verdade da Mentira' [The Truth of the Lie], and it is that that is in question here at Pálacio da Justiça in Lisbon. For the second time Gerry McCann came to testify, the truth is that request wasn't accepted yet by the judge. Gonçalo Amaral's defence lawyer [Vítor Santos Oliveira] reacted to Gerry McCann not being able to testify, according to him Gerry McCann's statements aren't that important to this process, a process for defamation, since the McCann couple guarantees and defends the thesis that their daughter was abducted on the 3rd of May of 2007 opposing what is in the book that states that Madeleine was already dead and that the couple concealed her body.
«Gerry McCann's sister has given evidence in Lisbon against a former police chief accused of making allegations about the disappearance of his daughter, Madeleine.
[Previously- Gerry McCann and his sister have given evidence in Lisbon against a former police chief accused of making allegations about the disappearance of his daughter, Madeleine]
The McCanns say former detective Goncolo Amaral is hindering the search for Madeleine after publishing a book which claimed they hid their daughter's body after faking her abduction.» Sky News, Oct. 2 2013
«Gerry McCann was present at a hearing in Lisbon's Palace of Justice
His family is suing Goncaro Amaral over book The Truth of the Lie (...) Gerry McCann is seeking to testify in the family's libel case against Goncaro Amaral, who published a book about the three-year-old's disappearance. Mr McCann and his wife Kate are seeking £1million in damages from the former detective, claiming his allegations caused them extreme anguish and hindered the search for Madeleine, who vanished from a hotel room in the Algarve in May 2007.» Daily Mail, Oct. 2 2013
«Mrs Cameron, whose voice cracked as she described the effect Mr Amaro's book had had on her family, said: "They were vilified in this book so their distress was multiplied 100 times. (...)
"Kate was in a very low mood, she was not coping with daily things," she said.
"She was doing solitary things, almost like torturing herself, out running long, long distances by herself.
"She was going to church and praying on a daily basis, and she was sleeping for a long time too.
"She wouldn't go out socially at all, she would not go to a shop.
"We had to help with practical things like the shopping and cooking and looking after the children to help her."
She said the effects of the book were worse than when the McCanns were made arguidos, or formal suspects.
"This was a different thing. It was much more conclusive and demonising them, dehumanising them, saying they did not care for their children, that they were responsible.
"It makes it out that they weren't truthful and they have been villified and it's very hard to turn round opinion about them that has been so widely spread."
She told the court the Portuguese people had "turned against" the McCanns, adding: "Maybe people like a solution and an end to things, they were fed up with the McCanns, they wanted them to go away, but they weren't going away. They still had a missing child.
"This perhaps gave people a conclusion, but it's not the right conclusion, it's all lies."
Mrs Cameron said her brother had been jeered at in the street when he returned to Portugal in April 2009, and was advised to hire security.
He and wife Kate only started going out socialising in the last year or two, she said, but are more comfortable in people's houses "where they are not being watched or scrutinised".
And she said the effects of the family's demonisation had continued, taking its toll on twins Sean and Amelie.
Asked if the twins knew about the book and the TV programme, she said: "Last week Amelie came in from school and said some people had been talking about it.
"She said that people were talking about them at school, and that it was not all good things that had been said.
"In the past Sean has come in and said to Gerry, 'Daddy are you famous?'
"Gerry said, 'why are you asking that?', and he said because a boy at school had seen him on the television.
"Gerry continued doing what he was doing and said, 'no I'm not famous, it's because your sister is missing'.» Mirror, Oct. 2 2013
«She told the court: "My brother and sister-in-law live in purgatory because they have no end and they are looking for the truth.
"They would like an end but there is no end because they don't know what's happened."
The McCanns say the former detective's claims in the book The Truth Of The Lie, including suggestions that they hid their daughter's body after she died in an accident and faked an abduction, damaged the hunt for Madeleine and exacerbated her family's anguish.
If successful in the legal action, brought against him, his publisher, and the makers of the documentary, the family stands to gain around £1 million in damages.(...) Kate McCann's mother Susan Healy was also due to give evidence today but it emerged that the McCanns' lawyer Isabel Duarte had dismissed all of her English-speaking witnesses other than Mrs Cameron, but forgotten the request amidst the confusion of the case.
She asked today to call Ms Healy but the request was declined by judge Maria Emilia Melo e Castro. (...) Mr Amaral, the detective who initially led the inquiry into her disappearance, was removed from the Portugese investigation in October 2007 after criticising the British police.
He has also applied to give evidence at the trial and is awaiting a decision. » Independent, Oct. 2 2013
Previous mentions of Purgatory by the McCanns in the media attributed to other causes
thanks to spotters Jeanne d' Arc and bestbefore from the MCF
«They say they almost decided against going to the tapas restaurant opposite their apartment in Praia da Luz, but opted not to take the children to another restaurant, the Millennium, because of the distance.
Gerry says: “I think the worst thing is we kind of almost thought about not going and ... did. We weren’t sure we were going to get into the tapas.”
And Kate adds: “In fact we were all ... going to go up to the Millennium again – that was with the kids – which is what we did the first night.
“It was just, it was just because the walk was so long and we didn’t have a buggy and the kids were tired by that time and I thought we were, you know we did talk about going up to the Millennium that night.”
In the two-hour documentary, which charts the McCanns’ campaign for an EU-wide missing child alert system, Kate repeatedly breaks down in tears, while Gerry describes their current existence as being like “purgatory”.
And at one point, Kate contemplates “the thought of living like this for another 40 years”.
She also hints openly, for the first time, at a deal reportedly offered to her by police if she admitted accidentally killing Madeleine and staging an abduction.» - Madeleine, One Year On: Campaign For Change, directed by Emma Loach for ITV1, April 2008
«As the summer of 2008 approached, the investigation into Madeleine’s abduction remained classified and Gerry and I remained arguidos. It was like trying to lead our lives in purgatory. (...) At the end of June, Gerry and I made the difficult decision to take a break, It did not feel right at all to go on holidays without Maddeine, but fourteen unbelievably harrowing and stressful months had passed since she was taken and we were running on empty.» Kate McCann, in her book 'madeleine', pag.314, 2011
«Late April : In the run-up to the first anniversary of Madeleine's disappearance, the McCanns give a series of television and radio interviews and speak of their year of "purgatory". » BBC, Madeleine McCann inquiry timeline, last updated 4 July 2013
«Kate McCann’s media purgatory. This week, Kate McCann’s book, Madeleine, detailing her terror and prolonged devastation around the mysterious disappearance of her 4-year-old daughter from a holiday resort in Portugal, hits shelves. But McCann herself, Christina Patterson wrote at The Independent, is stuck in a kind of purgatory. “She knows how this ravening beast [the media], with its 24-hour appetite, and need for fresh meat, even when there isn’t any, can chew you up, and spew you up. If she didn’t before, she certainly does now. But she has also held fast to the belief in the media as the path to salvation, and the path to a kind of heaven. And for the possibility of this path to heaven, she has come near to selling her soul.” Says Patterson, McCann seems to believe that reaching out to the media can bring her daughter back; it can’t.» Periscope, May 2011
And then, other media
Gonçalo Amaral and his lawyer Vitor Santos de Oliveira
«According to them [McCann], this book also adapted into a television documentary has hampered the search for Maddie. The family claims 1.25 million euros in compensation for the damages suffered by the accusations contained in this book.
I understand that this book could disrupt the lives of the McCann ... But it contains nothing new, nothing that has not already been published before. Why does the media persist with a single story?, protested to the press Vitor Santos Oliveira, Gonçalo Amaral's lawyer.
Dropping his customary self-restraint, Mr Amaral, with a backpack on his shoulder, briefly answered reporters to tell them he really wants to speak at this process [trial].
I hope that the court will accept. I attend all the hearings, he said.»
AFP [Agence France-Presse] 2 Oct, 2013
On Eduardo Dâmaso, Deputy Editor of Correio da Manhã, statement - witness called by the accusation
Tweets by Daily Star chief crime reporter @JerryLawton
Asked how #McCann libel trial was going Amaral said: "There's a saying in Portugal that you only give forecasts at the end of the game."
After trial adjourned Amaral reveals he, like Gerry #McCann, has applied to the judge to give evidence
Damaso: `I may have too much knowledge of the case but I believe the book doesn't bring any extraordinary revelations'. #McCann
Damaso: work of Amaral's police team was attacked `by everyone while the investigation was ongoing' #McCann
Damaso: "He (Amaral) wants to defend the work he did with seriousness." #McCann
Damaso said Amaral entitled to respond to criticism of the police investigation he ran into Madeleine's disappearance #McCann
Eduardo Damaso, dep ed of newspaper Correio da Manha, tells court Amaral book `legitimate defence' of former detective's reputation #McCann
*At some point in time Anne Guedes report from today's session will appear here
Final note on Law
translation by Astro
The new Civil Procedure Code introduces a new means of evidence - the declarations by a party - in which the party itself [case of Gerry McCann and/or Gonçalo Amaral], on its own initiative, may request, until the start of oral allegations at first instance [closing arguments], to make a statement about facts in which the party intervened personally or of which the party has direct knowledge. The party that makes a statement is subject to the duty of cooperation and truth, which means that it must reply to everything that is asked, to submit to any necessary inspections and to provide everything that is requested from the party. The questioning of the party that makes a statement is led by the Judge, and the lawyers may only ask for clarifications. If, in its statements, the party confesses to any fact, that confession is valued in the files and with due effects, which is to say it is irreversible and has full probative force [it is considered evidence]. In the absence of a confession, the statements by the party are freely valued by the Court. in O “novo” Código de Processo Civil, newsletter by PLMJ lawyers, July 2013