Judge rules that Kate and Gerry McCann
do not possess the authority to sue
Gonçalo Amaral in their daughter’s name.
The judge at the Civil Court of Lisbon
who is trying the ‘libel’ case which
Kate and Gerry McCann have filed against
Gonçalo Amaral and 3 other parties has
issued a decision concerning the matter
of Madeleine McCann being a Ward of
Court.
On the 3rd of January 2014, Gonçalo
Amaral had argued before the Lisbon
Court that Madeleine’s parents do not
possess the necessary power to represent
their daughter in this action, since the
child had been made a Ward of Court in
the United Kingdom.
The judge decided that Mr Amaral should
present a certificate of the relevant
British judicial ruling. That
certificate was delivered to the Court
on the 2nd of May, after a lengthy,
expensive process.
The judge then had to decide whether or
not Madeleine’s parents were entitled to
represent their daughter in this
lawsuit. In the judge’s recent ruling,
it is mentioned that “within the 'Wardship',
the High Court holds ultimate
responsibility over the child, but it
does not suppress or annul the exercise
of the parental responsibilities”. The
High Court takes control over “the most
important decisions for the life” of the
child. The judge further considers that
“the decision to file a judicial action
in the name of the child” is a decision
“of the magnitude that is demanded for
the agreement or consent of the court”.
The judge’s ruling further notes that
the matters that have been brought
before the High Court that holds the
Wardship have been matters of an
“eminently judiciary nature, like the
revelation of confidential information
and documents, that are related to the
child’s disappearance and were in the
possession of the local police”.
The text continues with the
consideration that because Madeleine was
made a Ward of the Court on the 2nd of
April of 2008, her parents did not
possess, in 2009, “the necessary
capacity of representation of their
daughter to file the present action
without the authorization from the
British court”.
Nevertheless, the judge has decided that
the final court session, which will
include a statement from Gerald McCann
and the presentation of closing
arguments from all sides, should take
place regardless of the matter of the
Wardship.
After that hearing is completed, the
proceedings will be suspended for 30
days. During that period, Madeleine’s
parents “shall arrange for the
collection and documentation in the
records of the British Court’s
authorization for the bringing of this
action on behalf of the minor Madeleine
McCann”. If they fail to do so, the
defendants will be “acquitted of the
proceedings concerning the requests that
have been formulated on behalf of the
latter”.
The judge has proposed the date of 16th
June for the final session, but each of
the lawyers involved have the
possibility of declining said date and
suggesting alternative dates. |
