18 Jan 2013

McCann v Amaral adjourned for 6 months to try and settle case

It has now been 4 years since the McCann couples'  arrogant proclamations about injuncting Goncalo Amaral and taking over a million pounds in damages from him.  They told us he was "harming the search" and therefore this action just had to be taken.  That does not provide any legal cause of action but it gives the impressions their intentions are good.   Not that I have ever accepted they are, or that they have ever seriously instructed any competent investigator to look for Madeleine.

Since I read the Appeal judgment in favour of Amaral dated October 2010 where the Judges plaintively state Amaral did not infringe any of the McCann's claimed rights I have never been able to see how they could proceed any further with it.   The McCanns unsuccessful appeal in Spring 2011 clearly snuffed out that candle completely.

If any couple deserved to face yet another humiliating climb down, after their avarice for both power over others and hard cash got the better  of them, then Kate and Gerry McCann really do take the prize.

Here is the Portuguese report, not translated by me of course, but the gist is clear enough.  For completeness I have also included an original report from 2009 when McCann couple were clearly quite convinced at that point they were going to shut Amaral up for good, and take from him everything he owns.  I notice these days McCann have not instructed their press officer or whatever grandiose title Clarence Mitchell has these days,  to gloat in the press, but who knows, there may be some spin to come. 
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McCann judgment that opposes the Gonçalo Amaral suspendedDecision relates to tentative agreementBy: TVI24 | 18/01/2013 17:43
The trial that pits the McCanns Gonçalo Amaral, in which Madeleine's parents claim compensation of € 1.2 million for allegedly defaming the former PJ inspector, is suspended in an attempt to settlement.
Judicial source told Lusa that the beginning of the trial, scheduled for 24 and 25 of this month, at 1. Civil Court of Lisbon, "was suspended because the parties are seeking an agreement."
The order of the court to defer the suspension was signed at the end of last week, so now follows a period of six months, after which, in the absence of agreement between Gonçalo Amaral and the parents of missing child in 2007, in the Algarve, will be marked audience.
The trial began this process was postponed twice, the first of which the February 9, 2012.
The judge later marked the beginning of the trial in the Palais de Justice for September 13 of that year, with three more scheduled sessions, but did not take place either due to unavailability of attorney Gonçalo Amaral, undergo an examination under anesthesia to the stomach.
In this action, which prompted the request for seizure of goods Gonçalo Amaral as a precautionary measure, Kate and Gerry McCann still complain protection of rights, freedoms and guarantees.
In related case, 7. Th Civil Court of Lisbon decided in January 2010 to maintain a ban on the book 'Maddie - The Truth of the Lie' written by Goncalo Amaral, and video with the same title based on a documentary broadcast on TVI.
The ban of the book and the video, which presents the thesis of Gonçalo Amaral involvement of Kate and Gerry McCann in the disappearance of her daughter with the concealment of the corpse had been provisionally enacted September 9, 2009.
The October 19, 2010, the Lisbon Court of Appeal annulled the decision of 7. Civil Court, after which the McCanns appealed to the Supreme Court of Justice (STJ).
In its judgment of 18 March 2011, the Supreme Court of Appeal upheld the decision.
Madeleine McCann disappeared on May 3, 2007, in an apartment in a holiday village of Praia da Luz, where she was vacationing with her parents and two twin brothers.
At the time of the disappearance, Goncalo Amaral was coordinator of the Criminal Investigation Department of the Judicial Police of Portimão.
Kate and Gerry McCann, who have always claimed that the child was abducted, were made defendants in September 2007.
The case was closed for lack of evidence, in July 2008, although prosecutors admit reopening if new data emerge about the disappearance of Madeleine.

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McCanns To Sue Portuguese Detective Sky News
The parents of Madeleine McCann are to sue former Portuguese police officer Goncalo Amaral for defamation.
BREAKING NEWS
7:25pm UK, Saturday May 16, 2009
More follows...
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Update:
McCanns To Sue Portuguese Cop Over 'Slurs' Sky News
The parents of Madeleine McCann are to sue former Portuguese police officer Goncalo Amaral for defamation.
7:36pm UK, Saturday May 16, 2009
Kate and Gerry McCann are to take action over comments made by the man who previously led the botched inquiry into Madeleine's disappearance.
In a statement, they said: "We - together with our three children Madeleine, Sean and Amelie - are taking this legal action against Goncalo Amaral over his entirely unfounded and grossly defamatory claims - made in all types of media, both within Portugal and beyond - that Madeleine is not only dead, but that we, her parents, were somehow involved in concealing her body."
*
Update:
McCanns To Sue Detective Over 'Slurs' Sky News
7:51pm UK, Saturday May 16, 2009
The parents of Madeleine McCann are to sue former Portuguese police officer Goncalo Amaral for defamation.




Kate and Gerry McCann say ex-cop's claims are hampering the hunt for Madeleine
Kate and Gerry McCann say ex-cop's claims are hampering the hunt for Madeleine



Kate and Gerry McCann are to take action over comments made by the man who previously led the botched inquiry into Madeleine's disappearance.
In a statement, they said: "We - together with our three children Madeleine, Sean and Amelie - are taking this legal action against Goncalo Amaral over his entirely unfounded and grossly defamatory claims - made in all types of media, both within Portugal and beyond - that Madeleine is not only dead, but that we, her parents, were somehow involved in concealing her body."
The couple, from Rothley, Leicestershire, said they are taking action because his claims that Madeleine is dead are hampering the search for their daughter.
The decision was taken in a bid to prevent further publication of Amaral's "deeply offensive" book The Truth of the Lie.
Also his TV documentary, and his "disgraceful thesis" that they were involved in their daughter's disappearance.
The statement continued: "The primary reason for our legal action is simple: to stop any negative effect that these absurd and deeply hurtful claims may be having on the ongoing search for Madeleine.
"We can no longer stand back and watch as Mr Amaral tries to convince the entire world that Madeleine is dead.
"Nor can we allow this blatant injustice to Madeleine, with its obvious risk of hindering our attempts to find her, to continue.
"Mr Amaral's entirely unjustified claims have not only brought indescribable devastation and suffering to our lives, they have hugely compounded the already immense pain and anxiety we have endured since Madeleine's abduction."
Madeleine disappeared two years ago in Praia da Luz, Portugal, while her parents dined in a nearby tapas bar.

2 comments:

KK said...

The case was NOT closed - it was SHELVED!

viv said...

"case was closed for lack of evidence, in July 2008, although prosecutors admit reopening if new data emerge about the disappearance of Madeleine"

Shelved is another way of putting that. Thanks for your very helpful comment - all the McCann couple need to do to get Portuguese Police looking for Madeleine alive (re-opening the case) is provide some cogent evidence she actually was abducted by a stranger. I think they may find that quite impossible.