4 Feb 2010

THE INJUNCTION (UNDER APPEAL) AGAINST GONCALO AMARAL FULL DETAILS

  It is interesting to note that at first instance, the McCanns application for an Injunction was not granted and they went to the Appeal Court where they were then successful.  The Judge recognised that Goncalo's right to freedom of expression was equal to the  rights of Madeleine,  Sean, Amelie, Kate and Gerry but in the end determined that given the criminal process against the McCanns had been archived their rights prevailed.   They do have the right to be treated with respect and their family life and personal safety respected whilst there are no criminal charges against them, no one can take the law into their own hands.  Fundamentally, I would say it is a decision for Madeleine.  It has not been proven that she is dead and she has the right to be treated as a missing person and a search for her continued until it can be fully established what happened to her.  The Judge also recognised that dissemination of such information by Goncalo could damage the ongoing investigation into what happened to her.  British Police have confirmed, many times that continues.  This is not a decision declaring they are innocent it is simply upholding their civil rights.  It is not up to a civil court to determine criminality and they have not attempted to do so.  

 

Viv x  

 

 

The Temporary Injunction: Granted on September 9, 2009

4 February 2010 | Posted by astro Leave a Comment


This is a translation of the text of the Civil Court ruling that granted the temporary injunction on Gonçalo Amaral’s book, ‘Maddie – The Truth of the Lie’, and the corresponding DVD. It was issued on the 9th of September, 2009. The numbered notes [x] are from astro, for clarification purposes only. It should also be recalled that this injunction was granted exclusively based on the evidence that was provided by the Applicants. The Defendants were only allowed to oppose the injunction after it had been granted.



CONCLUSION – 09-09-2009

In this process of common injunction that is being handled at this court and section under the number 1143/09.0TVLSB, the Court decides to reply to the factual matter that appears in the initial request, and that has been subject to proof in fulfilment of the Appeals Court Decision [article 13, in the factual segment that appears on page 15 of said decision, articles 58 to 67 and 92 of the corrected initial request] [1], as follows:

Article 13: Not proved;

Article 58: Not proved;

Article 59: Proved that curricular pieces concerning the first Defendant [2] are published on the internet, referring to him as an honest, structured, socially accepted man, namely for the performance of political posts;

Article 60: Proved that the media focus hit the first Defendant;

Article 61: Proved;

Article 62: Proved that the first Defendant knows the meaning and the extent of an archiving dispatch within a criminal process;

Article 63: Proved that the first Defendant knows who holds power over the inquiry, who can open or reopen it, and under which circumstances that can be done;

Article 64: Proved that the first Defendant knows what defamation and injury are;

Article 65: Proved that the first Defendant knows what it means not to be at the service of criminal investigation;

Article 66: Proved that the first Defendant has professional experience and is of adult age;

Article 67: Proved that by divulging his thesis about the events of the 3rd of May, 2007, in Praia da Luz, the first Defendant, with the assistance of the three other Defendants [3], saw his person promoted and earned money.

Also proved that the first Defendant wished to intervene in local political life.

Article 92 – Proved that the Defendants intend to disseminate the book and the DVD all over the world, earning financial, commercial and social profit, deepening the suffering of the two first Applicants [4] and rendering the search for the third Applicant [5] more difficult.

**

For the preceding decision concerning the matter of fact, the Court has pondered the documents that have been appended to the process, as well as the depositions from the questioned witnesses [6], in the segments in which they revealed direct knowledge about the facts that they were questioned upon. The Court has also used judicial presumptions, namely in the answers to articles 60 and 62 to 66.

Concerning the depositions of witnesses 1 to 4, it has to be noted that those have been essentially characterised by the transmission of their opinions, deductions and personal convictions. It was nevertheless revealed that they manifested direct knowledge of the increase in difficulties and obstacles to the ongoing private investigation that searches for the third Applicant, which is being promoted by the first and the second Applicants, each time that new editions or the announcement of future editions of the book, interviews with the first Defendant, or divulgations of the DVD take place.

The depositions, especially from the third and fourth witnesses, were equally considered, concerning the direct knowledge that they demonstrated over the intensification of the suffering of the first and second Applicants, each time de first Defendant’s thesis was newly divulged – whether through the existence or the announcement of a new edition of the book, or a new divulgation of the video or by the occurrence of interviews – mainly due to the repercussions that such events have on the search for the whereabouts of the third Applicant and due to potentiating the knowledge of said thesis by the fourth and the fifth Applicants [7].

Concerning the fifth witness, although her knowledge of the facts that she was questioned about comes from a set of investigative tasks that tend to sustain the allegation that is made in this injunction, what is certain is that, together with the documents that have been appended to the process, it was possible to establish that the book in question has already been subject to a Spanish edition in May 2009, a French one in June 2009, a German one (also for the Swiss and Austrian markets) in June 2009, then an Italian and a Dutch one, and Defendant ‘Guerra e Paz’ has also launched an edition in Brazil [8].

This is, in synthesis, the basis for the previous decision concerning the matter of fact.

**

REPORT

The five Applicants move the present injunction against the duly identified Defendants on page 38 [given the fact that the initial request with the corrected numbering, which has been appended on 20/05/2009, is being attended to], alleging, in synthesis, that the first Defendant’s thesis about the events that took place in Praia da Luz in May 2007 – which relate to the disappearance of the third Applicant, which took place at that time -, which have been put into the book that he authored, that was published by the second Defendant, that sustains the video that was produced and marketed by the third Defendant and was broadcast by the fourth Defendant as a television documentary, have already violated several rights of all of the Applicants and cause them fear of future, serious and hardly repairable damage of the following rights:

a) The rights of Madeleine (the third Applicant) to her moral and physical integrity and to a fair and adequate investigation into her disappearance, in the future;

b) The rights of Sean and Amelie (the fourth and fifth Applicants) to their moral and physical integrity and to a fair and adequate investigation into the disappearance of their elder sister, in the future, as well as their right to the reservation of private and family life and to the good name of the family that they belong to, their right to freedom and to security;

c) The rights of Kate and Gerald McCann (the first and second Applicants) to their image, to their good name, to their good reputation and to the preservation of the integrity of their private and family life, their right to freedom and security, the right to their moral integrity, the right not to be treated in a degrading, cruel or inhumane way, the right to enjoy, like any other citizen, the guarantees of the penal process.

On these fundaments, they conclude by requesting the determination of the following measures:

a) The prohibition of sale and the order to seize, for destruction, the books and the videos that are still left at shops or any other deposits or warehouses;

b) The prohibition to execute new editions of the book or the video, or of other books and/or videos, that defend the same already criticised thesis, and that are destined to be sold or divulged by any means, in Portugal;

c) The prohibition to cede the editing rights or the author rights on the contents of the book or the video, or of any other books and videos on the same subject, for publication in any part of the world;

d) The prohibition to cite, to analyse or to comment, verbally or in writing, on parts of the book or of the video that defend the thesis of death of the third Applicant or of the concealment of her body, by the two first Applicants;

e) The prohibition to reproduce any comment, opinion or interview, where said thesis is defended or can be inferred;

f) The prohibition to publish statements, photographs, or any other documents that are allegedly connected to said book and video or said thesis.


According to what was established by the Appeals Court’s Decision and considering what has resulted from the production of evidence during trial, the following FACTS are proved in an indicative way:

1 – On the 24th of July of 2008, the first Defendant launched in Portugal, under edition of the second Defendant that reserved all rights to itself, the book that he has authored, “Maddie A Verdade da Mentira”;

2 – In that book, the first Defendant defends the thesis of death of the third Applicant and the concealment of her cadaver by the first and second Applicants;

3 – Said book attained 4 editions until the end of July of 2008, 9 editions until the end of August of 2008, and 12 editions until the end of September of 2008;

4 – Each edition was of 10.000 copies;

5 – Presently the book is sold out at practically all points of sale;

6 – When said book was published, the first Defendant gave interviews to all of the media that requested him to, namely to RTP [9], and defended the thesis that he presents in the book, in those interviews;

7 – The first Defendant also gave, among others, an interview to newspaper “Correio da Manhã”, which was published on the 24th of July of 2008, in which he defended the thesis that he presents in the book;

8 – At the beginning ot May of 2009, the same book was published in France, now under the title “Maddie, L’Enquête interdite: Les revelations du commissaire portugais chargé de l’enquête”;

9 – The first Defendant gave countless interviews to several media in France, including the one that was published in the newspaper “Le Parisien” and on the matching internet site;

10 – In those interviews, the first Defendant again mentioned the theses that he presents in the book;

11 – The book’s French edition is systematically and profusely published on the internet, at least on:

http://joana-morais.blogspot.com/2009/05/goncalo-amaral-maddie-lenquete.html

hhtp://sosmaddie.dhblogs.be/archive/2009/05/09/Maddie-1-enquete-interdite-en-belgique1.html

http://www.the3arguidos.net/forum/viewtopic.php?f=35&t=31806&sid=abe61a1c34b42a74ad5a2e50f315c20d&start=0

hhtp://twitturly.com/url/a194ef0f54f1985133b2ff092ddcf75d

http://www.bourin.editeur.fr/livre/maddie-1-enquete-interdite-les-revelations-du-commissaire-portugais-charge-de-1-enquete.html

http://www.amazon.fr/Maddie-lenq%C3%AAte-interdite-Amaral-G/dp/2849411256

http://www.decitre.fr/livres/Maddie-l-enquete-enterdite.aspx/9782849411254;

12 – Between the publication of the Portuguese edition, on 24/07/2008, and the publication of the book’s French edition, in May of 2009, the fourth Defendant broadcast a television programme that was produced by the third Defendant, that reserved the possession of the corresponding rights for itself;

13 – The first broadcast of said television programme took place on the 13th of April of 2009;

14 – The second broadcast of this television contents took place on the 12th of May of 2009;

15 – That programme was broadcast in Portugal at least those two times;

16 – That programme/video is intrinsically based on the contents of the book “Maddie A Verdade da Mentira”;

17 – In that video the first Defendant again sustains his thesis, that the third Applicant is no longer alive, that her death took place inside the “Ocean Club” apartment and that the parents, the first and second Applicants, concealed their daughter’s cadaver;

18 – At least two million and two hundred thousand people watched that programme’s first broadcast;

19 – In late April of 2009, the DVD that corresponds to that programme started being sold, with the title and the subtitle «Maddie A Verdade da Mentira – Um poderoso documentário baseado no best seller “A Verdade da Mentira” de Gonçalo Amaral» [10];

20 – 75.000 copies of that DVD were put on sale;

21 – The DVD is publicised, at least, on the third Defendant’s website;

22 – The first and the second Applicants are married to each other and the parents of the third, the fourth and the fifth Applicants;

23 – In the Criminal Inquiry in which the first and the second Applicants were made arguidos, an archiving dispatch was issued concerning them, as per appended copy, pages 145-173;

24 – Madeleine Beth McCann has been missing since the 3rd of May of 2007;

25 – There are curricular pieces published on the internet, concerning the first Defendant, referring to him as an honest, structured, socially accepted man, namely for the performance of political posts;

26 – The focus of the media has hit the first Defendant;

27 – The abovementioned curricula (item 25) reveal a man who “studied engineering”, obtained a university degree in juridical and criminal sciences and was a PJ agent/inspector for 27 years;

28 – The first Defendant knows the meaning and the extent of an archiving dispatch within a criminal process;

29 – The first Defendant knows who holds power over the inquiry, who can open or reopen it, and under which circumstances that can be done;

30 - The first Defendant knows what defamation and injury are;

31 - The first Defendant knows what it means not to be at the service of criminal investigation;

32 - The first Defendant has professional experience and is of adult age;

33 - By divulging his thesis about the events of the 3rd of May, 2007, in Praia da Luz, the first Defendant, with the assistance of the three other Defendants, saw his person promoted and earned money.

34 - The first Defendant wished to intervene in local political life.

35 - The Defendants intend to disseminate the book and the DVD all over the world, earning financial, commercial and social profit, deepening the suffering of the two first Applicants and rendering the search for the third Applicant more difficult.


OF THE LAW

From the Applicants’ allegation, it becomes clear that they understand that several of their rights – all within the scope of personality rights – have already been violated by the divulgation of the first Defendant’s thesis concerning the events that are related to the third Applicant’s disappearance in May of 2007. A thesis according to which the third Applicant would have passed away on the 3rd of May of 2007 in the Praia da Luz apartment, and her cadaver concealed by the first and second

After the production of evidence, performed in fulfilment of the Decision, it was established that the book that was authored by the first Defendant [and although after the injunction was interposed] was in the meantime the subject of a Spanish edition in May of 2009, a French one in June of 2009, a German one (also for the Swiss and Austrian markets) in June of 2009, and later on, an Italian and a Dutch one, and the Defendant “Guerra e Paz” also launched an edition in Brazil, facts that allow for the conclusion that the Defendants intend to disseminate the book and the DVD over the world, obtaining financial, commercial and social profit (cfr. answer to article 92).

On the other hand, it resulted demonstrated that the dissemination of those materials (book and DVD) deepens the suffering of the two first Applicants and renders the search for the third Applicant more difficult (cfr. answer to article 92): each time the first Defendant’s thesis is newly divulged, the suffering of the first and second Applicants intensifies – whether through the existence or the announcement of a new edition of the book, or a new divulgation of the video or by the occurrence of interviews – mainly due to the repercussions that such events have on the search for the whereabouts of the third Applicant and due to potentiating the knowledge of said thesis by the fourth and the fifth Applicants.

Thus translates the threat of future lesions or the worsening of those already verified to the Applicants’ personality rights.

The protection of personal integrity in its two dimensions, physical and moral, is consecrated by the Constitution (cfr. article 25, number 1 of the CRP [11]), and it should be articulated with other means for the protection of personal rights, such as those foreseen in number 1 of article 26 of the Constitution, that is, the rights to personal identity, to the development of personality, to civil capacity, to citizenship, to the good name and reputation, to image, to word, to the reservation of intimacy of private and family life, and to legal protection against any form of discrimination, constituting the fundamental seat of the designated general personality right, as well as the direct expression of the basic postulate of human dignity as admitted in article 1 of the Constitution, a basic value and the first reference in the matter of fundamental rights.

The ordinary law, on the other hand, generically names, in article 70 number 1 of the Civil Code, the defence of individuals against illicit threats of offences against their physical and moral personality (from that mention and from the precepts that are subsequent to it, one infers the existence of a certain set of rights that are connected to personality, as the right to image, to the reservation of private intimacy, the right to a good name and reputation), with number 2 foreseeing that the person that has been threatened or offended can request the injunctions that are adequate to the case’s circumstances, with the purpose of avoiding the consummation of the threat or to attenuate the effects of the already committed offence.

On the other hand, number 1 of article 381 of the Civil Process Code, and concerning non specified injunctions, establishes that whenever someone shows a based fear that someone else causes a serious and hardly repairable lesion to his or her right, that parson can request the conservatory or anticipatory injunction that is specifically adequate to ensure the effectiveness of the threatened right.

By handling the preceding juridical considerations with the established facts, the objective fulfilment of the conditions for the establishment of the injunction that is destined to safe keep the Applicants’ rights is verified.

Nevertheless, and just as mentioned in the Appeals Court’s Decision, one must pay attention to an eventual conflict of rights.

In fact, both the writing of the book, and its divulgation and that of the thesis that is defended in it, namely through the DVD and through interviews, configure the exercise of freedom of expression, and as far as the third Defendant is concerned, also that of freedom of the press and the media.

Those rights of the Defendants, as well as those of the Applicants that were noted above and that are at stake, have equal constitutional standing, and therefore it is peacefully understood that when there is a conflict in their exercise by different holders, and because there is no relationship of predominance of one towards the other, one must seek within the circumstances of the specific case, the fair measure of contraction of one of them, or even of both, in order to render the adequate exercise of each one of those rights viable. That solution is contained in article 335 number 1 of the Civil Code.

Therefore, taking into account that the thesis that is presented by the first Defendant, through the adequate means that are placed at his disposal by the other Defendants, raises the suspicion of the involvement of the first and second Applicants in the practice of criminal actions, albeit in a negligent way, among the general public, and that they, having been made arguidos at a given point in time, saw the criminal inquiry archived in relation to them, one has to conclude that it must be the rights of the Defendants that cede to the rights of the Applicants.

On the other hand, the divulgation of the thesis that the third Applicant passed away on the 03/05/2007 raises difficulties for the investigation into what happened and the search for her whereabouts. The contrary hypothesis that is defended by the Applicants, that the third Applicant is still alive, must be taken into account, and if it is verified, then her life and her wellbeing may depend on the search for her whereabouts, and these rights of her must also make those of the Defendants cede.

Therefore, and having reached this point, we conclude that the injunction is to be granted, nevertheless, and as far as the requested measures are concerned, it has to be taken into account that those requested under d), e), f) and, partially, under b) are directed against an undetermined universe of addressees, and can therefore only be granted concerning the Defendants.

As for the compulsory pecuniary sanction, taking into account the financial capacity of the Defendants that are companies (to which the requested injunctions of apprehension of books and DVDs are destined), the profits that have already been obtained through the sale and the divulgation at hand, and taking into account the interests that are in conflict, we see it as adequate under article 829-A of the Civil Code.


DECISION

Under these terms and due to the exposed fundaments, the Court grants the present injunction and, as a consequence, decrees as follows:

a) The prohibition for the Defendants to sell the books and the videos that are still in stores or in other deposits or warehouses, and the obligation for the Defendants to collect them and to deliver them to the depositary that is nominated below;

b) The prohibition for the Defendants to perform new editions of the book or the video, or of other books and/or videos, that defend the same thesis, and that are destined to be sold or published by any means whatsoever in Portugal;

c) The prohibition for the Defendants to cede the editing rights or the authorship rights over the contents of the book or the video, or of other books and other videos about the same theme, for publication anywhere in the world;

d) The prohibition for the Defendants to cite, analyse or comment, verbally or in writing, on parts of the book or the video that defend the thesis of death of the third Applicant or of concealment of her body by the first two Applicants;

e) The prohibition for the Defendants to perform the reproduction or comment, opinion or interview, where said thesis is defended or from where it can be inferred;

f) The prohibition for the Defendants to publish statements, photographs, or any other documentation that is allegedly connected to said book and video or said thesis.

Moreover, the Court condemns each one of the Defendant societies to pay a compulsory pecuniary sanction in the amount of 1000 euros for each day that the prohibitions or the order to apprehend the books and the videos are not respected.

The depository of the books and videos, whose collection is ordered, is the lawyer who represents the Applicants.


Expenses by the Applicants to be attended in the main action.


To be registered and notified.


Lisboa, DS



(The Judge of Law, Amélia Puna Loupo)





-----------------------------------------------------------------------------------------------

[1] This reference to an Appeals Court decision is due to the fact that the first request for an injunction that was filed by the McCann couple and their children, was not granted. An appeal was filed, and the present injunction was granted after intervention by the Appeals Court.

[2] The first Defendant is Gonçalo Amaral.

[3] The three other Defendants are Guerra & Paz, Valentim de Carvalho Filmes and TVI.

[4] The two first Applicants are Kate and Gerry McCann.

[5] The third Applicant is Madeleine McCann.

[6] The Applicants’ witnesses are mentioned here.

[7] The forth and fifth Applicants are Sean and Amelie McCann.

[8] The Brazilian edition does not exist, as was later clarified during a hearing on the 13th of January 2010.

[9] Rádio Televisão Portuguesa

[10] «Maddie The Truth of the Lie – A powerful documentary based on best seller “The Truth of the Lie” by Gonçalo Amaral»

[11] Portuguese Republic’s Constitution

33 comments:

viv said...

I just hope the McCanns think it was worth the effort, given what we can read on Sky due to Goncalo's appeal against the above. He is not going to win the appeal IMO, but he will have informed the public.

But for me there is still that inevitable tension. UK like to conduct such investigations in complete confidence so that when they are ready to bring charges there is no option for the defendants to say they have been subjected to adverse media reporting etc pre judging the case against them. Unfortunately, that is what Goncalo has done!

hope4truth said...

I think GA got exactly what he wanted to...

the Gerneral public are not talking about that nasty cop who was mean to the Macs or that nasty cop who drank at lunch time or tortured suspects,,,,

they are talking about just how involved the Macs are in the disapearence of their daughter and how much of the money from her fund they have spent trying to make themselves look good...

No one here cares about Amaral... the star studded bash that simply wasnt if the big names had been there we would have had a real of photos thrown at us....

The lantern launch a 1000 of them well I dont even think 100 people turned up to release them a pro who posts on another forum said he managed to let off 5 of the 10 he was releasing so any that were released were in batches not one per person a few believers left there were more than that in out town centre shaking buckets where are they all now?

The papers are back to hinting BBC news gives it no web space and SKY run with Maddie Dead headline for over a day and the lantern launch and celeb party were a flop...

Amaral achieved what he wanted to and it is not even over yet,,,

How any of them sleep at night I dont know but when the truth is out I hope they still think the lies spin and lack of cooperation was worth Madeleienes pain and they all remain pals behind bars...

Di said...

Hi all

Hope, I agree with you entirely.

At one time I used to have to keep my opinions of what I thought had happened to myself. Now, I am surprised at just how many people have completely changed their minds and believe all of T9 to be involved. I am not sure they are all involved, but we certainly know they are all desperately trying to keep the lid on.

Di said...

Hi Viv

I hope you are wrong. If Goncalo does not win I fear for the future of Portugal. Goncalo has so much support for his fight for freedom of speech, it will not be the end by any means.

viv said...

Hiya both

I think Goncalo has achieved what he set out to, or well at least I hope he has. He wants the public to know and they do. But what is new is the allegation of Kidnapping/Trafficking. The death in apt theories had already got an extensive airing in the British press. So I just wonder if that is what he really wanted to achieve?

The legal issues and the moral ones are two completely separate things!

I still believe there are three main contenders in this, Gerry, Payne and OB, but the women have become complicit to effect a coverup of this "big secret". I would love to have a frank chat with Stalker.

hope4truth said...

Hello Di

It is amusing actually because I kept most of my opinions myself as the behaviour of the pros was so creepy and stalking almost with we know where you live comments...

yet people whoes only comment before was have they found that poor little girl yet? Are now saying have you heard the McCann's killed their daughter and hid her body as bold as brass and not a care about being sued....

If it was not so tragic it would be hysterical...

viv said...

Hiya Di

If I was just putting my legal hat on and looking at the law I would have to say the Judge was spot on.

This case is purely about conflicting human rights, in a civil court, it is not about determining criminal guilt in a serious crime. That is a matter solely for the police to bring before a criminal court.

The McCanns do have the right to be treated fairly, the same as any other citizen and not have such details published clearly stating they are guilty of that particular offence. Madeleine also has the human right to be treated as a missing person given there is no certain evidence she is dead. Law is black and white in that respect, no evidence, you cannot say it, no criminal conviction, you cannot say it!

It is the Bennett effect, if you have people saying they killed Madeleine it actually puts the twins and the McCanns at risk of serious harm, that cannot be lawful or right. Even convicted murderers have to be kept safe!

But when I look at it from a moral and personal point of view, I am pleased he has achieved something from this and I can understand his position entirely. The McCanns main motivation seemed to be a one million pounds damages claim and it is that I feel they should lose.

viv said...

That is what I mean Hope, the McCanns may have scored a technical legal victory by a strict application of the law, but in reality, they have got the hammering they completely deserve.

I remain undecided what they did with Madeleine but have never been undecided about their guilt, except perhaps for the first few days!

viv said...

by Aníbal Ferreira – 22.01.09

“Imagine you had been a police officer for 30 years and that you were investigating the disappearance of a little English girl named Maddie McCann.

Imagine that all the police officers, including you, concluded that the little girl had died and that the parents were suspects of being involved in concealing the body.

Imagine that the little girl’s parents were made official suspects and that the English press started to call you “bungling cop”, “amateur”, “corrupted”, “inept”, “incompetent” and “failure”.

Imagine that the English press started to announce on a daily basis that you had “manufactured the case”, “made stuff up”, “”ditched vital evidence”, “hampered the investigation”, that you were “biased”, “cruel” and “lying”.

Imagine that for month after month, the English press called you “fat”, “drunk”, “torturer”, “stupid”, “imbecile” and “infamous”, repeating 418 times that you were a “disgraced” man and that the mother of your children was a “prostitute”.

Imagine that the police’s political directory did not defend you and that, quite to the contrary, it took the case investigation away from you, allowing for the English press to print the headline “Sacked!” and to renew all previous attacks with increased violence.

Imagine that the Public Ministry declared that the process would wait for the production of better evidence and that said statement was understood in England as an “acquittal” of the little girl’s parents, prompting even more attacks from the press against the “bungling cop”, “amateur” and “corrupt”, who “manufactured the case”, “made stuff up” and “ditched vital evidence”.

Have you imagined all of this? Well, then answer this question: IF YOU COULD WRITE A BOOK TO DEFEND YOUR REPUTATION, WOULD YOU WRITE IT?

Now imagine that the book was taken off the market because it damaged the little girl’s parents’ reputation…”

viv said...

Whoever said the law was fair?

If it was, the McCanns would not keep seeking to use it!

But there is a clear moral victory for Goncalo Amaral here and in the end there will be a criminal conviction for these two!


xxx

Di said...

Hi Viv

I agree with what you are saying, I would never want the twins to be put at risk. However, that does not mean I don't want their parents to face charges.

This is an interesting read.

link

Di said...

Hi Viv

No the law is not fair and as LP told JHLawyer, if it had been upto them Kate & Gerry would have been charged with Madeleine's disappearance!!

Di said...

Off now see you tomorrow.

Di said...

Forgot to say worth a read on mccanfiles- THE HEART OF THE MATTER

viv said...

Hiya Di

Is that really you, as LP said to JHL?? I would be absolutely staggered if they did that!

You cannot just charge someone with "disappearance" there has to be a specific legal charge as to exactly what they did, the eternal problem.

I think I am seeing things very differently to a lot of others. Everything I see says the McCanns are finished and they will be prosecuted in UK.

Have we heard anything about Gerry's lecture to CEOP? I did not think we would be hearing Gerry bragging about that one!

xx

viv said...

let us never forget what evil money grabbing leaches the McCanns aided and abetted by sick Mitchell really are. Foisting themselves and their filthy "campaign" onto the genuine grief of a distaught family. The pictures of the Cortez family and little Mari Luz are just utterly heartbreaking.

viv said...

http://missingmadeleine.forumotion.net/main-maddie-thread-latest-news-f1/clarence-mitchell-what-a-loathsome-creature-you-are-t7821.htm

24 Horas

http://www.24horasnewspaper.com/total.php?numero=2769&link=11

McCanns spokesman regrets the reaction of Juan Cortés and says that the couple only wanted to help

"Is shameful that Mari Luz's father presents complaints"

It is "surprising and shameful that Mari Luz's father presents complaints about us in a press release". This was the reaction of Clarence Mitchell, spokesman for the McCanns when he was informed by the 24 Horas that the father of Juan Cortés does not authorise the distribution of the 18 thousand posters with the images of Maddie and the Spanish girl in Spain and Portugal.

"We regret the confusion. We only wanted to help Mari Luz's family and honestly we thought we had permission from the girl's father to this joint campaign", said Clarence Mitchell. The problem is that the 18 thousand posters were already sent by post, last Thursday to Spain. "Our only hope is that the owners of schools, restaurants and other public places are aware of the reaction of Mr. Juan Cortés and do not display the posters", said the spokesman of Kate and Gerry McCann.

"As I explained to you newspaper last Saturday, we did believe to have the permission of the Cortés family. Few days after the disappearance of Mari Luz, a Kate's friend that speaks Spanish contacted the father of the Spanish girl and told him about the intention of the McCanns in printing a poster of both children.

At that time Mari Luz's father said he would appreciate everything that the McCanns could do". Clarence Mitchell will now talk with Kate and Gerry about the situation and also with the volunteers that cooperated in the poster campaign. "How can someone be furious with another person for wanting to help to find the daughter?", said and outraged Mitchell.
Ambersuz

hope4truth said...

It is shameful that the McCann's were so desprate to link the two cases just to prove Madeleiene was abducted...

I dont blame Juan Cortés for not wanting anything to do with the McCann's publicity stunt either why do they assume everyone is so stupid and cant see through them?

Oh well since their greed got the better of them and they sued Amaral they had better get used to the fact people thanks to them for what they are....

As for bleeting on and on about the fund no one cares the money has been used to protect themselves and that in itself is shameful if their child is really in a Peado hell hole waiting to be rescued in fact it is pure evil....

There are parents out there who dont eat because they have no money and they make sure their children are fed first...

Yet these two tell a tale of abject terror and laugh about it make silly comments about tuppence worth and evil comments like somethig could happen to her eye but it was a good marketing ploy.

Yesterday another pathetic Mother and her ex boyfriend were jailed after she stood back and allowed him to abuse her girls in the most depraved and evil way.... Once again social services had taken them off the at risk list even though they were sent to school filthy...

Lets start putting children first and Madeleine deserves the truth

Di said...

Hi Viv

Yes, it is me.

JHL has said on his See You In Court thread on MM, that he received an e-mail from someone at LP regarding feelings towards the McCanns. When asked by another poster what they thought, his reply was - Frustration at what was perceived as PJ incompetence, and that had it been their investigation from the start the McCanns would have been behind bars.

Sorry Viv, I gave the wrong impression last night by using the word disappearance.

viv said...

Hiya Hope, I do think it is right that we continue to highlight just what it is the McCanns are concerned about, money and publicity. And what it is they are not concerned about, little children and how ordinary people love them and see this situation.

Di, I have emailed you regarding those comments.


xx

viv said...

Di and Hope

I have made you Admin, because I want some new posts whilst I am on me hols about what goes on in Portugal!! and good pics as well please lol, if Gerry is there and he loses it, make sure you get the pic up!!!

Jetting off Sun am whoohooo!!

xx

hope4truth said...

Have a lovely holiday Viv...

Will do my best Admin wise do I get a hat???

Enjoy yourself when do you fly???

xxx

Di said...

Hi Viv

Have a great holiday with your family.

Hope, we can have some fun now that Viv is away LOL

viv said...

Oi you two, I have not gone yet, lol and speaking of laughing, how about this for a poem, from a poster on JM, I think it is simply Splendid xx

RIPM said... 60

People of Portugal what gives you the right
To doubt the McCann version of what happened on that night
Gerry has spoken, abduction is the choice
Who is this Amaral to raise a dissenting voice?

The McCanns are British and will tell you what to read
Using the Portuguese courts to cover up their greed
They are telling the court, its causing them distress
But really they are desperate to keep it from the British press

Then they allege severe mental strain
But in reality they need to cover up Payne
You are not allowed to think for yourself
The McCanns have ordered the book cleared from the shelf

What about looking for Madeleine, we can hear the cry
Its much more important destroying the "Truth of the Lie".......

viv said...

I am flying to Dom Rep Sunday at 9 or 9.30 cannot remember lol! Organised as ever :-)))

Thanks both Luke and I will have a fab time, have not been there for 9 years!

viv said...

Interesting post apart from the absurd suggestion the Judge seems to think archiving of the process makes the McCanns innocent. When are people going to get it, this is not a criminal trial, this is about the McCanns pointing out their human rights have been infringed. The Judge is not allowed to make ANY presumptions about guilt or innocence in a criminal case, but she is allowed to state that even those who were criminal suspects STILL have human rights and more importantly, so do their children!

I think the major point that has lost Goncalo this case is his former role as a police officer. That job involves keeping investigations confidential to serve the interests of justice. The Judge is saying he has not served the interests of justice, she will uphold officials dealing with that, not those on the internet/media. What else to people expect. UK authorities are dealing with this case!

guerra said... 80

"Article 59: Proved that curricular pieces concerning the first Defendant [2] are published on the internet, referring to him as an honest, structured, socially accepted man, namely for the performance of political posts;"

I guess it would have been okay to post Mr. Amaral's thesis on the internet as long as the people doing it did not refer to him as an honest, structured, socially accepted man. The McCanns have "shaped the stories" to depict Mr. Amaral as a man of many vices, a man who is professionally inept, a man who is not respected in his own country, yet in this injunction they are trying to argue that Mr. Amaral's opinions are respected and are therefore detrimental to an ongoing investigation. It appears this couple can have it both ways.

"Also proved that the first Defendant wished to intervene in local political life."

I assume this refers to Mr. Amaral's attempt to run for mayor, to me this is irrelevant.

The person whose image has suffered the most is the first defendant. The first two applicants are the ones who have earned financial, commercial and social profit by disseminating lies worldwide, they are the ones who have deepened the suffering of the first defendant and rendered the search for the third applicant more difficult. I should say the first two applicants have effectively brought the search for the third applicant to a halt.

The court appears to believe that the archival of a case is equivalent to declaring the innocence of all involved.

After reading this the more I am convinced that there were back door dealings to make this injunction possible. Let's hope that the current judge is impartial, perhaps the McCanns thought that this would be settled out of court and that it wouldn't have gone this far.


Oh where oh where can Halligen be oh where oh where did he go? la la la la la

viv said...

I think UK authorities would have been delighted with the capture of Mr Halligen and he will be undergoing a certain "de-briefing" which may not be to his liking.

I hope the McCanns tremble and imagine they would be. Would you trust Halligen to respect your confidential instructions?

hope4truth said...

Di We can redecorate while Viv is away I dont think she knows we are really Pro and will have the place filled with heats flowers and rainbows on her return LOL

Madeleine Who do you Mean Margrate???

Dont worry about a thing VIV you just have a lovely time....

Love the poem much better than The Beacon....

viv said...

Hopey of course I know you are really Pros lighting the way home for Margrit and I love flowers, but don't go too mad on the butterflies and rainbows when redecorating, I have tried to go for more of a minimalist look.

Please don't let Rosie in though, there is a limit to what I can accommodate on here :-))))

viv said...

Could you do me a beautiful picture of Margrit floating back down to earth on a beautiful big white Ku Klux Klan type a lantern, with loads of candles in it, that would be fab:-0)))

viv said...

First a post counter on Missing Madeleine to make sure they were getting sufficient hits and then, revolting teeth adverts and those infuriating popups. Is there anyone who is not going to cashin from this little girl? With a free forum and a number of moderators it does not actually cost anything to run it, does it?

The Bennett bashing thread is found to generate the most hits, hence it gets moved to a top slot, not that it really has anything to do with justice for this little girl, quite the opposite, not that they would be bothered about that!

hope4truth said...

We promise to be good !!!!

Off to bed see you later x

viv said...

Nite Nite Hun and I trust your minimalist decorating skills implicitlyxxx

I have just been looking at this comment from Kate and pondering what was the word she did not want to say here and had to change tack, then it came to me, we know the twins they're they're erm... ALIVE..just to reinforce what she was actually thinking her next words are LIFE CONTINUES, but does it for Madeleine, Kate? Maybe you do not know who your husband handed Maddie over to and death would be such an obvious assumption, or a fate even worse than death? No wonder you look so ill, so how about TELLING THE TRUTH KATE

Of course, the McCanns must not make any suggestions Maddie may be dead, that would signal the death of their Filthy Fighting Fund

GM: "Yeah, I mean, without doubt, they... they help us to continue, you know. This is every parent's worst nightmare and everyone can feel and imagine what we've gone through but, you know, if we'd had discovered all three of the children had gone or if something else had happened, then, you know, we... we'd not have had the same strength and resolution and determination to find Madeleine that Sean and Amelie give us, as well, because we know that they're there, errr... life continues but we need to bring them back... bring Madeleine back as much for them, as for Madeleine, as for us."