Court Case( Injunction) in Lisbon 14th January 2010
We are currently in Lisbon for the trial to determine whether the injunction against Mr Amaral's book and DVD should remain in place. This trial is about whether the book is a true reflection of the official judicial process in to Madeleine's disappearance and whether its contents damage the ongoing search for Madeleine, her siblings and our reputations.
Mr Amaral's book and DVD contains some information from the PJ files but there is a lot in the files which is not in Mr Amaral's book. Hence it is highly selective and therefore biased. Mr Amaral's book contains his opinions rather than fact. His opinions differ from the findings in the PJ file. The conclusions of the latter are: 1.there is no evidence that Madeleine is dead and 2. there is no evidence that Gerry or I are involved in Madeleine's disappearance. This is very different to the theories and conclusions of Mr Amaral. It is logical and common sense that spreading these theories as Mr Amaral did (and continues todo) damages the search to find our little girl. If the general public (and the Portuguese people in particular) are bombarded day in and day out with such theories, this will eventually 'colour' their understanding and judgement -lies and inaccuracies become fact. If people subsequently believe that Madeleineis dead and that we are involved in her disappearance then they will not look for Madeleine, will not consider any suspicions about others which they may have and will not come forward with information. We consider this highly detrimental to the search for Madeleine.
There are few points which have been raised in the last few days which I would like to address specifically:
Abduction theory:For us, there is only the abduction theory possible because we were not involved in Madeleine's disappearance and we know Madeleine did not wander off by herself. It is obvious and right that the police should consider other theories initially.
There may be only one theory for you and Gerry, Kate, I suppose those with a criminal intent have to stick to a theory otherwise people might laugh at them. But given you left your children alone how do you KNOW Madeleine did not wander off by herself? She could easily have got through the patio door that you say you left open, right by that large swimming pool. You know a normal mom could not have sat there and left her children alone in those circumstances. I suspect British Police actually do believe in the kidnapper theory but they tag a bit more on to that, child trafficking, you know what you are being investigated for. It was very helpful of the Portuguese senior police officers and prosecutor to confirm at the hearing the investigation of you considers three incredibly serious offences against Maddie, MURDER KIDNAPPING CHILD TRAFFICKING. They are not theories, they are what they think you and your husband are capable of! Why do you say the police should only consider these theories initially? Because you and your husband think you can tell the police what to do? Did you fall out with all of them because they would not? Have you considered suing Leicester Police for failing to find Madeleine also? After all, they were there too and to this day they say they are still looking for her. What happened to your plan to sue the PJ for One Million for failing to find Madeleine and why did it become a personal issue just picking on the one police officer? Is it helpful in terms of securing ONE MILLION that you can also pursue his publishers and the TV Company. Why did you refuse to allow the same TV company to put your own documentary on for a fee of £35,000 so that your own side of the story could be told in Portugal as well as Goncalo Amaral's ? Is that because you thought it would spoil your planned claim for damages in the sum of ONE MILLION. In Uk we have a name for that sort of behaviour, it is called "abusing the process of the court". There is another applicable maxim, he who comes to equity must come with clean hands". Getting damages for libel is an equitable remedy that IMO you are most certainly not entitled to. You briefed the press far more than anyone during secrecy of justice and even put your star witness, Tanner on Panorama!
The window: I described to the police officers exactly what I found that night, as it was and is highly relevant and I knew that every little detail could be helpful in finding my daughter which is our only aim. 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'
"My" daughter Kate? Is there a parting of the ways here, or are you telling us Maddie is not Gerry's daughter also? Have you now become a qualified lawyer or a qualified police investigator now Kate? Who are you to say what is and is not "highly relevant"? I think what is highly relevant in relation to the supposed open windows is the fact that the only forensic evidence found on them was your fingerprint, on the inside! You said on Panorama that someone "broke into the apartment and stole Madeleine". But there were no broken shutters, no forced window. That was just a lie wasn't it Kate? Now you tell us they may have opened it from the inside, yes the fingerprints confirm that, don't they Kate. Oh and well done for only taking best part of three years to think of that one, oh those hard hours at the computer poring over the files. In three minutes your fantasy abductor came through the patio door that you apparently handily left open for him, drugged all three of your children, opened the window from the inside and the shutters and then ran out with the silent Madeleine. Miraculous, lol! Oh, I forgot, he waved to Gerry, Jane and Je\ Wilkins as he passed by. As Gerry said on Panorama these evil predators had been stalking and staking out for days but on the night forgot their car, lol. And these fantasy bafoons even have time to think of "red herrings", funny you mention that one Kate!
The dogs: We realise that the behaviour of the dogs was the turning point in the investigation for the PJ. The use of dogs has proved to be problematic and unreliable in previous cases
(please refer to the Jersey ‘Haut de La Garenne' case and other research published about their use and reliability). It is vital to note that alerts by such dogs are classified as intelligence rather than evidence, as police officers familiar with their use will verify. These alerts must be supported by forensics in order to be used as evidence. The results of the forensic examinations did not identify any blood or Madeleine's DNA. To suggestor use the dogs´ reactions as evidence is simply wrong and abusive.
If the findings of the dogs are so trivial and cannot possibly incriminate you Kate, why have you made such a fuss about the claims of Goncalo Amaral, could it be money you can make out of it?
The proposed reconstruction: The suggestion of a reconstruction of our movements and other key witnesses at the crime scene and/or surrounding area in the early days following Madeleine's abduction was declined by the PJ as 'not usual' for Portugal. When the PJ finally requested a reconstruction to take place in 2008, Gerry and I were still arguidos and as such would have attended for a reconstruction. Some key witnesses (including some of our friends)declined to attend the planned reconstruction as they were not convinced of the aims and usefulness of it. In particular, as the reconstruction was not to be shown to the media (and hence the general public), they did not feel it would help to find Madeleine. Had the intention been to show it to the general public, it may have 'jogged' memories and encouraged people to come forward with information. It should be added that other key witnesses were not invited to attend.
The Police deal with investigations into missing children in confidence. The police wanted to bring back to Portugal those witnesses who THEY had assessed were key to the disappearance of Madeleine McCann, the two prime suspects, Kate and Gerry McCann and their friends who, having consulted lawyers decided they would not go for fear of incriminating themselves. Of course innocent people have nothing to fear and would be only too happy to fully co-operate with the police in seeking to find a missing child. The Police have said that a media circus which Gerry McCann laughingly accepted on Paxman he organised is most unhelpful to a police investigation. That and making lots of money are the key reasons the McCanns persist with their media circus and vile campaign against Portugal and their police which they commenced in the early hours of 4 May 2007 demonstrating their cold and calculating intent to discredit those they KNEW would be investigating them.
Our team is confident that the injunction will remain in place because none of thewitnesses thus far have been able to prove in court that Mr. Amaral's right to express his opinion is superior to the rights of our family to peace, respect and protection of reputation, and above all, the right to continue the search for our daughter Madeleine effectively and without hindrance. As has been made clear this week, Mr Amaral's ‘thesis' is not supported by any evidence. The search for Madeleine must go on until we find her and bring her abductor(s) to justice.
I would say it is the job of the Police to find Madeleine and, as Leicester Police recently put it "those behind the disappearance of Madeleine McCann" who they make clear they intend to bring to justice, of course if it was Portuguese people or any other nationality, Leicester Police would not have jurisdiction. But as we have seen, Kate and Gerry McCann do not wish to work with the Police in either Portugal or even their local force. That is because Police in both UK and Portugal know exactly who is "behind the disappearance of Madeleine McCann", her own parents, with the assistance of their "friends" who refused to attend a police reconstruction.
The above is Kate's personal message on their webpage Find Madeleine, in red my own thoughts.
You know what Kate, I think I am just too nice to you. How come you are laughing and happy just days after Maddie went in PDL but when you are after a million quid nearly three years later always look so agonised, oh well guess I just answered my own question. Do you think that when you instruct your lawyer to make vicious and pointless criminal complaints against Goncalo Amaral people will feel sorry for you and think you are such a sweety? What a warped lady you are! You and your delightful hubby have been ripping into the Portuguese police and getting it put into the British press from the first night you reported Maddie erm "abducted". What a cynical couple of money grabbing liars you are! Keep screwing your face up but the thick war paint never runs, does it?
Go on sue me!
On day 3, Gerry having run home to UK, it does not seem to me that Fiona Payne is doing much to support Kate in what must clearly be a very distressing and intimidating situation with the throng of press. How can she feel it is worth the personal sacrifice to do this? She looked very ill last December and I feel has been ill for a very long time..now she is instructing Duarte to take criminal proceedings against Goncalo Amaral? Why Kate? If your husband wants to pursue this vindictive war, let him come and take the strain, you ought to get back to your children!
Kate leaving the aborted hearing on 11 December 2009 and below, Gerry leaving the same hearing with his bunch of red roses and that sickening smirk. Then we have Gerry McCann and Kate McCann arriving for yesterday's hearing. Pictures really do tell stories, I think, and Gerry thinks it is OK to just swan off and leave her to it? Did he not notice how distressed she was, first time around? Of course what we see from Gerry second time around is not distress, it is the dawn of reality and just pure unadulterated fury. How different they are.
13.1.10 Gerry and Kate arrive for the second day in court knowing things are most definitely not going their way. As Gerry furiously and repeatedly lunges at Sandra Filgueiras, Portuguese Reporter, shouts her down and raises his hand to her, Kate closes her eyes in horror. I am sure she has been there many times before, it really is time to call it a day you know Kate. Just watch this evil man in action on BBC video here with his mask well and truly removed as he arrived for court this morning already in a rage after a terrible day for them on Sky News reporting all the factual findings against them from senior police and the senior prosecutor in the case. They lied from day one. Of all the horrible displays of rage from Gerry in front of the press even, this just has to be the worst I think. He really looks like he is having to fight with himself to stop himself from attacking her. Stop the video a few times and look at the horrific facial expressions and violent body language. He only manages to calm himself when a mail reporter saves the situation by chiming in with a calming comment. Sandra, you are one very brave lady even though surrounded by male reporters and right outside the court! http://news.bbc.co.uk/1/hi/uk/8457314.stm
It is unexpectedly announced on the second afternoon of the trial that Gerry has to rush home for urgent work committments. As we can see above, the arrogant smile before the proceedings started got replaced with complete fury. Now if I was his lawyer, I would have sent him home too! This picture, compliments of the Daily Express and here is their article, whoops Gerry I think you upset them with that payout! Anyway before you get Carter Ruck to pull it, here it is:
GERRY MCCANN ANGRILY DISMISSES MADDY DEATH CLAIMS OUTSIDE COURT IN PORTUGAL
ANGRY: Gerry McCann outside court in Portugal
Wednesday January 13,2010
GERRY McCann angrily dismissed Portuguese detectives’ claims that his daughter Madeleine is dead as he arrived at court today.
|MADELEINE DISAPPEARANCE: Gerry and Kate McCann are in Portugal to attend a libel trial|
erm Gerry, this is what the prosecutor actually said and I have to see I see absolutely no evidence that he said there is absolutely no evidence you are involved in the disappearance of your daughter:
12/1/10 More formally dressed the McCanns arrive at court, I am sure quite blissfully unaware of just how bad it was going to be in there for them, what a couple of fools! Dispose of your daughter and then sue someone for ONE MILLION FOR SAYING SO??
The McCanns arrive at Lisbon Airport hoping to grab a cool £1M from Goncalo Amaral on top of the several other millions they have conned and defrauded of others, that is. Kate has a new hairdo which kind of looks like a rolled under bob I had about 30 years ago (Purdie) and has the blasted nerve to be wearing a smaller size of my Marks and Sparks cardy.
Remember the above Gerry when you are demanding another Million which I note you want to use to pay private investigators, what like Mr Halligen and Mr Marco (funny the way your investigators finish up in the nick) ? Oh please! Come on Leicester Police, arrest the Fund Masters too !!
JUSTICE FOR MADDIE AND THE TWINS XXX
GOOD LUCK GONCALO !!!
McCanns 'Want Justice' At £1m Libel Trial
6:01am UK, Tuesday January 12, 2010
Kate and Gerry McCann arrived in Lisbon for the start of their £1m libel trial against a former police chief saying they want to see justice done for their missing daughter.
The McCanns arrive at Lisbon Airport
The couple are in the Portuguese capital for a three-day hearing at which they will seek £1m in compensation and a final ruling preventing Goncalo Amaral from repeating claims he made about them.
The lawsuit had originally been due to be heard in December, but had to be postponed after Mr Amaral's lawyer was taken ill.
Mr Amaral was in charge of the investigation launched when Madeleine McCann disappeared shortly before her fourth birthday during a family holiday in Praia da Luz in May 2007.
He was taken off the case the following October after criticising British police in a newspaper interview.
Mr and Mrs McCann were named by police as "arguidos", or suspects, but that status was lifted when the investigation was shelved in July 2008.
The same month, Mr Amaral published a book called Maddie: The Truth Of The Lie, in which he claimed the youngster was dead and called into question the McCanns' account that she had been abducted.
No-one can be allowed to say that our daughter can't be found without very good evidence.
A Portuguese judge granted an injunction in September last year banning its further sale or publication.
The former policeman was also prohibited from repeating his claims about Madeleine or her parents.
Arriving at Lisbon Airport, Mr McCann said: "We're just here to continue the search for Madeleine, and to protect our own family, and their human rights.
"No-one can be allowed to say that our daughter can't be found without very good evidence. That's what this court case is about."
Mrs McCann said: "We're looking for justice."
The couple, both 41, from Rothley, Leicestershire, are not expected to give evidence during the hearings, although they are thought to be planning to attend them all.
They have previously said any money awarded in damages by the courts would go towards paying for private investigators to look for their daughter.
This would seem to indicate that the camera belonging to the McCanns and the video, I assume belonging to David Payne as we can see he was recording them on the holiday bus, were immediately seised by police and by 8 May in UK being analysed. The date and time had never been set, stuck in 2002. So, come on Gerry, I would like to know how you produced that last image of Madeleine with the time and date on it. Presumably unaware of the mounting evidence police were gathering against you, even at that stage.
It would also be interesting to know what the contents of the 73 deleted pictures are that the police managed to recover.
The police extensively researched how Gerry could have immediately had available two 6 x 4 prints of Madeleine on Kodak xtralife paper. It would seem they concluded that the only way he could have had them available was to bring them from home. This is a specially laminated picture that prevents it from staining even if drinks spill on it and prevents fading etc, not available in PDL, which is hardly surprising given these pics were handed over in the small hours when no photo shops would be open in PDL (about 3 hours after they " reported her missing" erm perverting the course of justice there). But there are a number of outlets around his home in Leicster that will produce this nice long lasting and durable pics for you. Again, demonstrating that Gerry McCann is not really so smart as he thinks he is and no wonder LP announce they will keep on investigating this case until they bring to justice "those behind the disappearance of Madeleine McCann). No surprises who they are alluding to there!
See also article from the Guardian dated 25 May 2007 where they emphasis in the opening lines it was THREE WEEKS TO THE DAY before the McCanns released this apparent last photo of Madeleine. Given it was supposedly taken by Kate, is this a bit of blame allocation/self protection by the scheming Gerry McCann, who, oddly enough had just popped back home to the UK, then he triumphuntantly returns with his handiwork. I would say, a picture of Madeleine from the previous year.
They know it is you Gerry, and one day you will get what you deserve, ARREST!
Witness statement of Detective Constable Stuart William Martin 2007.05.09 and his analysis of film taken in PdL
08 03 Outros Apensos VIII vol III Pages 543 to 548
Statement of: Stuart William Martin
Occupation: Detective Constable 1755
Date: 9th May 2007
1. I am employed by Hampshire Constabulary as a Detective Constable and am currently stationed in the Hi-Tech Crime Unit. I hold a Batchelor of Mechanical Engineering and Management degree from Liverpool university. My duties include the retrieval and examination of evidence from computers and other digital media and the investigation of computer crime. I have successfully completed two courses held by Guidance Software Inc in relation to their forensic software tools.
I have also successfully completed one course held by Access data Corp in relation to their forensic data tools.
2. On 8th May at 21.00 hours, the following was delivered to my home address by PC 178 Barham, requesting they be examined to establish if they contained pictures and video footage of a hotel complex in Praia da Luz.
ID ref Description
NALF/1 Video tape from Sony Handicam Video Camera Re Praia da Luz holiday 28/4/07 – 5/5/07 (I ASSUME BELONGING TO DAVID PAYNE)
NALF/2 64 MB camera memory card from Olympus C50 camera Re Praia da Luz holiday 28/4/07 – 5/5/07 (I ASSUME BELONGING TO KATE AND GERRY MCCANN)
NALF/3 32 MB camera memory card from Olympus C50 camera Re Praia da Luz holiday 28/4/07 – 5/5/07(I ASSUME BELONGING TO KATE AND GERRY MCCANN)
3. Video tape from Sony Handicam Video Camera Re Praia da Luz holiday 28/4/07 – 5/5/07 (NALF 1)
On 9th May 2007 at 08.30 I delivered this video camera in the sealed bag number CD 48113 to the imaging unit at Hampshire Police Support headquarters, Netley for examination. I conducted no examination of this bag and contents.
4. 64 MB camera memory card from Olympus C50 camera Re Praia da Luz holiday 28/4/07 – 5/5/07 (NALF 2) and 32 MB camera memory card from Olympus C50 camera Re Praia da Luz holiday 28/4/07 – 5/5/07 (NALF 3).
On 9th May 2007 I commenced my examination of a sealed plastic bag seal number CD48115 with two exhibit labels attached marked 64 MB camera memory card from Olympus C50 camera Re Praia da Luz holiday 28/4/07 – 5/5/07 (NALF 2) and 32 MB camera memory card from Olympus C50 camera Re Praia da Luz holiday 28/4/07 – 5/5/07 (NALF 3).
5. This bag contained a power lead and cable, a black camera case which contained an Olympus C50 camera and a memory cad holder which contained one card.
6. I identified NALF/2 as the memory card which was installed in the camera and NALF/3 as the card in the memory card holder.
7. NALF/2 is an Olympus XD 64 MB memory card number MXD64P3L922905RN9 0223 MAD.
8. NALF/3 is an Olympus XD 32 MB memory card number MXD32P3RO34505RN20235 MAD.
9. I imaged NALF/2 using Guidance Software Inc computer forensic software called Encase version 5.
10. I imaged NALF/2 using Guidance Software Inc computer forensic software called Encase version 5
11. I examined the data from the two cards and located 43 pictures in the live area of the two cards.
12. I produced these pictures as identification references SWM/3019/01 to SWM/3019/43.
13. On checking the camera I found that the time and date was not set on the camera and it was recording the time and date as 0000 hours on 01/01/02. This did not change during the examination. None of the pictures SWM/3019/01 to SWM/3019/43 have any created dates recorded. The last written time and date for each of them is recorded as 0000 01/01/02.
14. Last Accessed represents the date the file as last examined. Whether the Last Accessed Date is triggered depends on the nature of the examination. Opening a file will trigger the Last Accessed Date, as will looking at the file properties and browsing the file structure with Windows Explorer. Examining a file on “write protected media” such as a floppy disk will not trigger this date, neither will examining a file on a compact disk or DVD.
15. Last Written represents the time and date that the contents of the file was last changed. The Last Written date and time is unchanged by the process of copying a file from one drive to another.
16. The creation date and time of the file is usually when it is written to the surface of the disk, subject to the accuracy of the computer clock that was used to perform this task. When this date and time is seen to be after the last written date and time it shows that the files has been transferred from another media.
17. Starting Extent represents the physical location of the starting cluster of the file.
18. Using my forensic software I was able to locate 73 pictures files in the unallocated clusters which had been deleted and were no longer accessible to the camera user.
19. I produce a report containing each of these picture identification reference SWM/3019/01 to SWM/3019/43. (THESE DO NOT APPEAR TO HAVE BEEN DISCLOSED!!)
20. I produce a compact disk SWM/3019/44 containing pictures SWM/3019/01 to SWM/3019/43 and report SWM3019/45. I have also copied the pictures and the folders as they appear on the cards, to this disk.
21. Unallocated clusters
22. Unallocated clusters are clusters on a drive that are not currently assigned to a file. Also called free space. A file may either occupy one or more clusters. The clusters that a file occupies are not necessarily contiguous. Some of these clusters may still contain data from files that have been deleted but not yet overwritten by other files.
23. When the data is extracted from the unallocated clusters there are not imes and dates or file names attributed to the data. My forensic software therefore saved the data in file format and named the files according to the location of the data within the unallocated clusters.
Statement taken by: Self
McCanns release last picture of Madeleine before she vanishedBuzz up!
Giles Tremlett in Praia da Luz The Guardian, Friday 25 May 2007 Article historyThree weeks to the day after she went missing, the family of four-year-old Madeleine McCann released the last known picture of her yesterday, taken just eight hours before she disappeared from a holiday flat in Praia da Luz, southern Portugal.
Madeleine, then aged three, appears giggling as she dangles her feet into a swimming pool beside her younger sister Amelie and her father, Gerry.
The photograph was taken by her mother, Kate, as the family of five enjoyed their holiday at the Ocean Club complex in the tranquil Algarve resort.
Later that evening, the McCanns left the three children sleeping in their apartment while they ate at a tapas bar a few metres away.
On one of their half-hourly checks they discovered that Madeleine had disappeared, while two-year-old twins Amelie and Sean remained in their beds.
Despite reports of sightings from as far afield as Marrakesh in Morocco, and Crete, police admit that they have no idea where she may be. Believing that she may have been driven across the border into Spain and, from there, to anywhere in Europe, the McCanns are preparing to travel across the continent to spread the hunt for her, starting in Spain.
A British billionaire has offered the McCanns the use of a private jet, although the family are said to be wary of doing anything that makes them look like celebrities.
"We need to start finalising our plans for interviews in areas of Europe where the coverage of Madeleine's disappearance has been limited," Gerry McCann wrote yesterday on the website dedicated to finding his daughter.
As the family's ordeal enters its fourth week today, there have been suggestions from people close to the McCanns that they are concerned about the flow of information from the police to them.
"While they remain content with the overall thrust of the investigation they do at times hope that their questions and concerns are addressed more quickly," a source close to the McCanns told the Press Association news agency.
"They fully comprehend the restrictions that the Portuguese legal system places on everyone involved in this, but naturally as parents who want their little girl back some of the delays that are occurring are frustrating," he added.
Madeleine's uncle, John McCann, said the family remained determined to explore "all ways" of getting Madeleine back. "That will focus on the criminal investigation but we have to - as a family - be open to other ways."