stated that the
appeal court judgement
planted a stick
of dynamite under libel claims against
Amaral by the McCanns both in Portugal and the UK. That was
because, we maintained, the team have based their entire claim on the
notorious prosecutor’s archiving report. Not only does that report have
fatal weaknesses and contradictions in it but it has also been
deliberately misrepresented by the McCanns and their
Under legal scrutiny both the misrepresentations and the contradictions
have been partially exposed, and the process will continue as the
various documents come under further judicial study.
So is there any evidence for those claims of ours and our conclusions?
contradictions & the “exoneration”
details are in a number of our previous posts. Broadly, however, the
conclusions of the report cannot be reconciled with the police evidence
on which it is based and the claim that it exonerated them cannot be
prosecutor states not that they are “exonerated” or “cleared” – only a
judicial body such as a court can do that – but that there is “no
evidence” of their wrong doing. The report itself makes clear, however,
that the McCanns helped ensure
that the evidence was incomplete by refusing, along with the
Tapas 7, to co-operate in clarifying the events of May 3.
Under those circumstances it is impossible to clear them as the report
itself acknowledges by saying that in failing to attend the
clarification and reconstruction exercise they
lost the chance of exoneration.
Come on folks, even supporters of the McCanns – if he says they lost the
chance of exoneration (“proving their innocence” in the English
translation) then they can’t have been exonerated (or “proved their
innocence”), can they?
court in Lisbon earlier this year the prosecutor – who cut a dreadfully
unconvincing and unreliable figure - further weakened the exoneration
claim by stating that the parents had not checked on all the occasions
that they claimed, in other words they had not told the investigators
the truth. The more the the archiving report comes before the courts,
whether via further appeals or in future libel hearings, the more
credibility it will lose, exactly as contradictions in witness testimony
are eventually exposed in court.
claim, by the way, made by supporters of the McCanns that the parents
never actually refused to attend, is based on either ignorance or
dishonesty. The parents made it clear in a BBC radio documentary
broadcast on April 26 2008 – and made while the requests for
co-operation were still being processed – that they would not return
to Portugal in the foreseeable future.
“Interpretations” and misrepresentation
McCanns have form when it comes to dishonest misrepresentation, rather
than misinterpretation, of the Portuguese legal system for their own
purposes. On the day the report was published the McCanns and their
advisors helped their chosen feed, the London
Evening Standard, write a
scandalously dishonest article about it.
well as making the first known claim that the report “cleared” the
parents it claimed equally dishonestly that the same report also
“mocked” and “lambasted” the Portuguese police force for its inadequate
investigation and criticised it for failing to establish proof of what
According to the story a “source close to the McCanns’ legal team” added
that the report established that the police had “blatantly
misrepresented” the evidence and that legal action against them was on
the agenda. Mr Frightwig himself confirmed his own story by saying that
legal action against the police was indeed an option.
the written evidence is there – for use, we hope by Amaral’s lawyers in
any future libel trial – that the selective distortion of this important
document by the McCanns, their spokesman and “sources close to their
legal team” began on Day One and has continued ever since.
Team McCann had, it seems, descended into a dream world, apparently
seduced into the belief by then that spin could accomplish anything:
rather than just kidding the British public with their dishonest and
lying version of the report, they actually came to believe that the same
tactics would work in court – by founding their libel claims on it.
a look and see how total their dependence is.
This is the letter which
Carter-Ruck sent out to the website
GerryMcCannsBlogs and which the site owner – thank you Pamalam – posted
up. It contains virtually their entire case. In the second paragraph
they state the parents have denied all the libellous allegations made
in the media and that – here it comes, folks -
prosecutor confirmed that there was “no evidence whatsoever” to
implicate the McCanns.
Despite this, they say, Goncalo Amaral has made “wholly unsubstantiated”
of the Lie.
“Mr Amaral’s views about our clients
have been discredited by the court
which found no evidence to support
his thesis whatsoever.”
site is given seven days to respond.
even the bluffers at Carter Ruck could see that a claim using the
Prosecutor’s support alone was a bit thin. So what else did they come
out with to support the claim of libel against Amaral?
They couldn’t find a fucking thing.
Not a thing. So they
invented – yes, Carter Ruck invented – the claim that the original
Portuguese gagging injunction against Amaral was a “Court Order” that
Pamalam was breaching!
was a year ago, October 30 2009. Pamalam called their bluff about the
court order but now it doesn’t even apply to Amaral; the claim that the
court has “discredited” Amaral’s allegations cannot now be made; and the
prosecutor’s report which “confirmed there was no evidence” against the
pair has been established as “an interpretation” by three judges.
are said to be in consultation with their lawyers. You bet. The dynamite
has done its job