The session commences with a
discussion on the order in which witnesses are
to be heard. The McCann family lawyer Isabel
Duarte requests a modification because some
witnesses reside in the UK (the last session on
13th September, was shortened due to the judge's
personal problem). Isabel Duarte had proposed
written statements but defence lawyers Fatima
Esteves and Santos Oliveira objected (all
parties must agree). This protest has to be
written down.
The judge then reminds the
clerk to record the reaction by the plaintiff to
the request of "exclusion of publicity" by the
defender, a request the judge considered without
merit.
All this took an hour because
each request must comply strictly with and be
recorded in accordance with Portugal’s Civil
Procedure Code.
The testimony as it
happened...
(19.09.2013, 10:30am) Alan
Robert Pike is currently a Clinical Partner
& Trauma Consultant at The Centre for Crisis
Psychology (CCP), a private Company which
provides psychological care for traumatised
individuals. He is a Crisis Counsellor and holds
an honours degree in Social Science.
He first met the McCanns on
the 5th May 2007. His first contact was a phone
call from the Mark Warner Group at 4am in the
morning. He says it is quite normal to be woken
up in the middle of the night in a case of
psychological traumatic.
MW requested he take the next
possible flight to the Algarve. He says he
provided professional services to the McCann
family on a regular basis up until September
2007. After they went back to the UK he
continued to counsel them up until about 3 years
ago. He is now in contact with them on a pro
bono (no charge) basis by e-mail and
telephone. From the end of 2007, he was engaged
by the McCanns directly. He says MW did much
more than would have normally been expected of
such a company.
1) McCann family lawyer,
Isabel Duarte, is the first to question the
witness.
ID asks whether she can
question him on his professional relationship
with the McCanns, whether there is a
confidentiality clause.
AP says he anticipated
this question and talked to the McCanns before
coming to Lisbon. He says the confidentiality is
normal but the McCanns authorized him to provide
information.
ID says the issue is the
effect of the Amaral book and the documentary on
the McCann family.
– Do you know of these?
AP says he read the
book and has seen the documentary.
ID – In what circumstances
did you come across them?
AP says it was very
easy. The documentary was on YouTube and Kate
McCann sent him a translated copy of the book.
ID – This book had great
impact on Kate, Gerald, Sean and Amelie McCann.
Why? Can you explain?
AP says that, in order
to understand the effect of the publication of
the book on the McCann family, it is necessary
to understand something about this family.
In the first 12 months after the abduction (note:
he always speaks of "abduction"), the most
dramatic episode of their life, the McCanns were
in recuperation mode. In the first weeks they
had all the symptoms of a family badly hurt,
Kate McCann in particular. It was terrible for
her to leave Portugal where she had been with
Madeleine for the last time, very tough too to
return home, to see Madeleine's bedroom, her
toys, clothes, friends, etc.
The investigation was going
on in Portugal and because they were so far away
it was difficult to keep up with developments.
For someone who experiences an abduction trauma,
the most important aspect is information.
Ultimately, the friends and the family helped
considerably and the McCanns followed the advice
of professionals concerning the twins. The
McCanns worked with the twins' school and taking
the circumstances into account the twins got on
well. The routine after a time had returned and
things had stabilised. Gerald McCann was
involved in a research project while Kate worked
on the search for Madeleine, supported her
husband and took care of the kids, everything
was functioning as best as could be expected
given the circumstances
The publication of the Amaral
book caused a bombshell. It was not so much the
content of the book, but what one could deduce
from it as the book had been published so soon
after the shelving of the case. The famous
secret of the instruction had been broken by the
author of the book. There was a feeling of dire
frustration and helplessness, the McCanns could
speak to nobody, they had been told so.
ID - How did the book speak
whereas they weren't allowed to?
AP – It suggested
Gonçalo Amaral and the PJ had relationships
before the shelving.
AP doesn't understand how the
book could be published, considers that it was a
violation of the secret. The fact the book was
written by a police officer gave credibility to
the book. When, 14 months after the abduction,
the McCanns found out about the content of the
book and its conclusions (a simulated
abduction), their anxiety increased. The McCanns
started to worry about public opinion in
Portugal, if people thought Madeleine was dead,
they wouldn't look for her. Since it was then
accepted that the greatest chance of finding
Madeleine was still in Portugal, that
possibility declined significantly if the public
believed her to be dead.
Then something unexpected
happened. Alan Pike asked if he could use notes
that were on his iPad. The judge said "yes of
course" but when it became clear that Alan Pike
was going to read extracts from the McCann book
"Madeleine", the judge instructed that he
couldn't read the book to the Court.
AP says the activities
and reactions of Gonçalo Amaral were unpleasant
and distressing. At that time it was very
difficult to tolerate his campaign of trashing
the McCann's reputation.
(Note: AP repeats, repeats
what he has already said. It is not clear why he
needed his iPad)
AP says Kate McCann
passed days in a terrible state because of the
injustice of the book. She was hurt and angry.
The judge asks whether he
recorded this information and then repeats them.
AP says these are
things Kate told him when he asked her. When he
had regular contact with them he realised that
the McCanns feared that nobody would now look
for Madeleine in Portugal. They were at that
time also very much concerned with the
translation of the PJ files.
AP says he must read his notes. He reads.
AP – They received
information from Portugal in the summer of 2008
about the Amaral book, the support it had, the
TV shows... That created a great distress.
Nobody in Portugal challenged the conclusions of
the book, whereas the judge (note; he means
the AG) said there was no evidence they were
involved. So how could Gonçalo Amaral arrive at
the conclusion he did? Nobody challenged him.
The McCanns decided to do
nothing at that time and concentrate on the most
important thing which was the search for
Madeleine. They hoped the publicity around the
book would diminish slowly with time. But in
2009 Kate told AP about a documentary based on
that book. A friend in Portugal had told her
about it and said the conclusions were similar.
When Kate watched the film, AP remembers she was
even more devastated. He says this was the
secondary trauma.
The secondary trauma is
sometimes more violent, more rooted and more
extreme than the original trauma. It is more
difficult to cope with. (note: this notion of
"secondary trauma" will be invoked a few times
afterwards by the defence lawyers, likely in
order to understand it better).
The family was disappointed
and angry, in Portugal the people would stop
searching for Madeleine. Kate was in such a bad
state that Gerald had to quit his job for some
time to care for her. In the summer of 2009 Kate
was not well at all as a direct result of
reactions to the documentary. She was helpless;
she said she'd prefer not to be there. She was
anxious (he thinks he's the only one with whom
she shared), that is when the idea of an action
against the book in Portugal first arose. There
was an injunction, the book was banned, but even
so the book was available on the internet in the
UK, there was also much publicity about it
consequently the doubts of their involvement had
spread to the UK.
The book surprised Kate who
lived a normal life of a mother, doing shopping,
driving the kids to school, chatting with other
kids' parents, etc. Most people in Portugal and
an increasing number in the UK were also
convinced by Amaral's theory. Kate feared her
closest friends would be convinced too. This
also contributed to the secondary trauma.
ID – What did you mean when
you spoke of the book and the secrecy of the
instruction?
AP – It was impossible
for Gonçalo Amaral to write the book without
inside knowledge about the process before the
shelving of the investigation. They saw that
Gonçalo Amaral managed to obtain inside
information and that worried them.
2) Defence lawyers.
a) TVI lawyers’ questions.
TVI – When you referred to
notes, did you mean Kate McCann's diary or book?
AP says "both".
TVI – Have you read
"Madeleine"?
AP says he did.
The TVI lawyer wants to
know what "Madeleine" is about. The judge says
the facts to be examined by this court are
listed and this issue isn't part of it.
TVI – Do you know who put the
documentary on YouTube?
The judge overrules again, saying it is off
topic.
b) Guerra & Paz's lawyer's
questions
GP – What exactly is your
profession?
AP answer he is a
Crisis Counsellor.
GP asks whether he is a
psychologist?
AP says he has some
competences in psychology (psychology was one of
the elements in his degree).
GP asks again "are you a
psychologist?"
AP says no.
GP asks which tour operator
contacted him
AP says it was Mark
Warner.
GP – When you were contracted
and came to Portugal, was it because of a trauma
situation? Which situation?
AP – A little girl had
been abducted, the family and friends needed
support.
GP – Are all your actions
around the disappearance of Madeleine?
AP says yes.
GP - Between the 3rd May and
September 2007 you accompanied the McCanns. How?
On the phone, being present?
AP says he saw the
twins; he had contact many times a day (implies
went to and fro).
GP – You said it was Kate who
provided the book for you?
AP – Yes, she sent it
to me.
GP – It was translated by
whom?
AP doesn't know.
GP - asks if AP understands
Portuguese.
The judge overrules
question saying that it's clear AP doesn't speak
Portuguese.
GP asks another question
which is overruled because it is related to
British Justice.
GP - asks if the constitution
of the arguido status created a secondary
trauma.
AP says the McCanns
were confused about not having been made
arguidos sooner, because it was quite normal
in an investigation for people close to the
victim to be investigated first. He says they
expected it.
GP suggests (as her
question wasn't answered) that AP consult
his notes since he saw the McCanns before and
after they were made arguidos. Has he
notes about his sessions with Kate when she was
an arguida?
AP says that being
made an arguido wasn't traumatic, but the
things that were said, the way to interview them
were.
GP – Can it be considered as a secondary trauma?
AP says it is a
continuation.
GP – Do you know if the fact
of being made an arguido was related to
the suspicion of some crime?
AP says he knows some
facts, they weren't surprised.
GP – What is the difference
with the book?
AP doesn't understand.
GP repeats her question.
AP – They were
surprised with the book because the final Report
said they were innocent.
GP – Have you read the final
report?
AP says "no".
GP – How do you know then
what its conclusions are?
AP says the McCanns
told him.
GP says the investigation was
closed because of lack of evidence in respect of
what the actual crime was. How did this affect
the emotional state of people?
AP – They were
disappointed the case was closed. This meant
than the case might never again be investigated.
However, they were relieved that they were no
longer considered to have been involved; they
were no longer official suspects.
GP says that the final Report
states that there is no evidence, neither
positive nor negative. Can you speak about the
speculations concerning the case?
AP says there was much
human interest in this case. Everybody had an
opinion about it. He says it's like when there's
a football match (note: a similar comparison
in Ms Stilwell's statement on 20.09.13)
GP – In what way is the
publication of this book different? What kind of
secondary trauma did it lead to? Did the
opinions of the world favour the book or not?
AP says that the
difference lay in 1) the importance of who wrote
the book and 2) the violation of the secrecy of
the instruction as the book was published very
quickly.
GP – The McCanns said they
didn't believe the book was written in 3 days?
Do you know if the book was
publicised before the final Report was released?
AP says "yes", was
aware the book was going to be published.
c) Gonçalo Amaral lawyer's
questions
SO – About your competences
and professional capacities, what does a
specialist of trauma do?
AP says he works with
groups, families and individuals.
SO – Is a disappearance a
trauma?
AP says "yes".
SO – Did you advise the
McCanns to promote news of the disappearance
using the media?
AP says it wasn't his
advice. The McCanns were advised by an
organisation which specialises in missing
people.
SO – What part does excessive publicity play in
primary trauma? Does it increase the stress and
the anxiety?
AP – Yes it does.
SO – Do you know the
importance of publicity in the case?
AP – says yes, I know,
I was there.
SO – Would you agree it
doesn't favour recuperation in the long term?
AP – The media are
useful in the beginning.
SO – The motivation was to
find the little girl?
AP – Yes, it was to
look for her.
SO – Is it not true that the
principal factor of the secondary trauma was
because the McCanns were considered suspects?
AP – No.
The judge now explains
that "suspect" is different from "arguido".
"Arguido" means there are indications that will
lead a person to have to defend her/himself.
It's a statute created for the defence of the
person. "Suspect" means a hypothesis is formed
about someone.
The judge repeats that
which AP had already indicated and that was if
the McCanns hadn't been investigated as suspects
then they would have thought the investigation
was incomplete.
There is now a long debate
between the judge and SO. SO says he has to
insist because the witness uses too much hearsay
in his responses. The judge points out that
there is no need to repeat the same question
over simply in order to see if the answer will
vary.
SO – Was the fact that they
were considered arguidos the principal
reason for the secondary trauma?
AP says "no".
SO – You said psychology was
one of the elements comprising your degree, does
this allow you to give evaluation of
psychological situations?
AP says "yes". The
Social Science degree he has permits it.
SO – Did you have contact
with the McCanns in the UK by phone e-mail?
AP says yes, between
2011 and 2013.
SO – So what occurred between
2007 and 2011?
AP says he saw the
family regularly in their home or in his office
up to 2009. Thereafter only when they contacted
him.
SO – For support or
psychological evaluation?
AP – Support.
The judge (Maria Emília de
Melo e Castro) is now asking
MC – For how long have you
been in this line of work?
AP – I started in
1993. I have been working for the institution
for 7 years.
MC – In which situations have you worked?
AP – Families with
domestic violence, maltreatment, children taken
from their families (this is a bit like
grieving), families who have lost a child. He
works for the UK organisation called "Missing
People".
MC – Which strong negative
feeling did Kate McCann report to you in the
summer of 2009?
AP – She was afraid,
she wished she wasn't there; she talked of
killing herself as an option.
Continues...
