|
|
|
|
Palácio de
Justiça, 8th of
July 2014
Intervenient
parts
Judge Maria
Emília de Melo e
Castro presiding
the trial
Dr. Miguel
Rodrigues for
Gonçalo Amaral,
the book author
Dr. Fátima de
Oliveira Esteves
for Guerra e
Paz, the book
publishers of ‘Maddie,
A Verdade da
Mentira’
Dr. Miguel
Coroadinha for
TVI, the
Portuguese TV
channel that
broadcast the
documentary ‘Maddie,
What lies
beneath the
Truth’
Dr. Henrique
Costa Pinto for
Valentim de
Carvalho [VC]
Filmes who
produced the
documentary and
DVD copies with
the same
documentary that
were never sold
Dr. Isabel
Duarte for the
McCann couple
and their
children, the
claimants
What
follows is the
recount of what
happened
yesterday at
court, to the
best of my
knowledge and
short
handwritten
notes.
The Judge at the
beginning of
hearing sessions
spoke and
instructed the
scribe about the
request that had
been made by
Gonçalo Amaral’s
previous lawyer
so the defendant
could be heard
in court. That
request was
opposed by the
McCann couple’s
lawyer, Isabel
Duarte, and had
been previously
denied by the
Judge in 2013.
The McCann
couple, who had
also requested
to be heard in
court, saw their
application
being refused as
well. Yet they
pleaded against
that decision to
the Appeals
court and their
request was
granted,
therefore they
were now
authorized to be
heard in court,
which is what
takes place
after this
“introductory”
instruction by
the lady Judge,
Maria Emília de
Melo e Castro.
The Judge then
added that since
Gonçalo Amaral’s
former lawyer
did not oppose
to the ruling -
which refused
his request to
be heard - a new
appeal opposing
it [the Judge's
ruling] could no
longer be
accepted, and
therefore that
decision had now
become final.
The Judge
continues
instructing the
scribe and
states that the
authors of the
lawsuit - the
McCann couple -
have requested
the court to
solicit an
official
application to
ATA [Autoridade
Tributária
Aduaneira] i.e.
the Portuguese
equivalent to
the IRS, in
order to obtain
confidential
fiscal
information.
The Judge Maria
Emília de Melo e
Castro
authorized and
ordered for the
dispatch to be
prepared “since
it is essential
to know, within
the scope of the
case being
analysed here at
the court, what
are the eventual
earnings” of the
defendant
Gonçalo Amaral
regarding the
sales of the
book ‘Maddie,
A Verdade da
Mentira’.
The Judge then
added that the
court dismissed
the need to
observe the
confidentiality
of that fiscal
information in
view of the fact
that “the
acquirement of
that evidence”
is crucial and
ruled that the
other defendant
parties have 10
days to oppose
the McCann’s
lawyer request.
That meant that
the hearing
session of
yesterday's
afternoon, where
Isabel Duarte
was supposed to
make her final
allegations for
a period of
three hours was
adjourned
sine die
[without a
definite date
scheduled] and
so was the
hearing session
of the 10th of
July. Due to the
judicial
holidays it's
very likely that
the trial will
only continue in
or after
September. The
Judge also
mentions that in
September
alterations will
be made to the
Penal Code
Process but
those changes
will not affect
in any way the
ongoing trial.
Earlier on this
year, the only
defendant party
opposing the
McCann’s fiscal
request was the
lawyer for the
Guerra e Paz
book publishers
who argued that
this new
application
would cause an
unnecessary
lengthening of
the trial.
Follows Kate
Healy and Gerry
McCann
declarations to
court in strict
compliance to
Portuguese law.
A declaration is
a series of
answers to
questions put by
the Judge, and
of questions
from the
accusation
or/and defendant
lawyers.
The couple
decided to ask
if they could
make a further
statement at the
end of each
declaration,
these statements
will not be
considered and
will have no
reflection on
the trial
outcome even
though they were
recorded by the
scribe. |
| |
|
 |
|
Court
outline |
|
|
|
Kate Healy
enters the court
room, stands at
a chair directly
in front of the
Judge Maria
Emília de Melo e
Castro, standing
at her right
side is a lady
interpreter that
will translate
the questions
put to Kate and
her answers back
in Portuguese
Brazilian to the
Judge and
lawyers, on
Kate's left side
is the scribe.
On the left side
of Kate McCann,
sits the lawyer
Dr. Miguel
Coroadinha,
Isabel Duarte's
assistant Dr.
Ricardo Afonso
and Dr. Isabel
Duarte. Opposite
to the McCann
couple's lawyer
is the lawyer
for VC Filmes,
Dr. Henrique
Costa Pinto,
then Dr. Fátima
de Oliveira
Esteves, Gonçalo
Amaral's new
lawyer Dr.
Miguel Rodrigues
and Mr. Amaral.
In the gallery
there was a wide
range of people,
from British
journalists, to
Mr. Amaral
supporters, to
the McCanns'
entourage.
The Judge tells
Kate McCann that
she is obliged
to speak with
truth during her
declaration.
Kate then
promises under
oath to tell the
truth and the
whole truth. The
Judge questions
her about her
name. Kate
replies that it
is "Kate Healy".
The Judge
wonders why she
doesn't have the
name McCann as
her last name,
she states that
she still uses
her maiden name.
Kate is then
asked about her
home address,
and her
employment
status to which
she replies that
she is a
"general
practitioner"
and that she has
stopped working
since Madeleine
was "abducted".
The Judge orders
Kate Healy to
sit down so the
declaration can
proceed.
Judge - Do you
recall when the
book was first
published and
when you first
heard about it?
Kate Healy - A
few months after
it was
published.
Judge - Did you
read the book
and when?
Kate Healy - I
first read
extracts from
the book in
media reports
and then on the
internet around
the end of 2008.
Judge - How and
what did you
feel?
Kate Healy -
Devastated, I
already had an
idea but it made
me feel
desperate
because of the
injustice done
to my family, to
Madeleine. I
felt anxious. It
damaged our
family.
Judge - What
sort of damages?
Kate Healy - Mr.
Amaral's book
stated as fact
that we were
involved in the
disappearance of
our daughter and
faked an
abduction, it
attacked us
systematically.
Judge - What
were the damages
in Portugal?
Kate Healy - The
book was read by
thousands of
people, people
would believe,
due to the
author's
credibility,
that Madeleine
was dead and
that we were
involved.
People,
neighbours on
the street, in
coffee shops
believed Mr.
Amaral. And for
us Portugal was
the most
important place.
It was here that
Madeleine was
taken from us.
Judge - Do you
remember a
documentary?
Kate Healy - I
learned about it
through
Portuguese
friends who
watched it on
TVI, they texted
me saying the
documentary was
horrible. On the
following day
they sent me
detailed
annotations.
Judge - Did you
watch the
documentary?
Kate Healy - I
watched some
parts of the
documentary on
the media and
then the full
documentary on
the net.
Judge - What did
you feel about
the documentary
when compared to
the book?
Kate Healy - It
was worst in
terms of
damages, because
it was more
definitive, Mr.
Amaral's
assumptions were
more
unequivocal, it
led the audience
in a journey of
certainties. It
compounded to
the anxiety and
feeling of
injustice at a
time when we
were the only
ones making
efforts to find
Madeleine. There
was no police
force
investigating
and it damaged
the searches.
Judge - Do you
recall an
interview that
Mr. Amaral gave
to Correio da
Manhã? [You can
read it here,
from
July 24, 2008]
Kate Healy - He
gave several
interviews but I
do recall one in
particular which
was exaggerated.
Where he said
that Madeleine's
body had been
kept frozen and
then taken
inside the boot
of the car we
had rented seven
weeks later
[sic, car was
rented 23 days
later].
Judge - How did
you learn about
that interview?
Kate Healy -
Some friends in
Portugal sent us
the
translations,
they made
summaries of
what was
published by the
Portuguese
media.
Judge - When did
you learn about
that interview?
Kate Healy -
Right after the
documentary was
broadcast.
Judge - What is
your impression
about what the
Portuguese
people think of
you and your
husband
regarding this
case?
Kate Healy -
Most people are
against us. The
damages were
more extensive
because Mr.
Amaral published
his book in
various
languages and
gave interviews.
Judge - What do
were your
feelings
regarding that?
Kate Healy - We
needed the help
and support of
the Portuguese.
We felt
distressed with
the negative
opinion people
had of us. It
was stressful.
Judge - You felt
ashamed by it?
Kate Healy -
That is not the
right word for
it. People
thought that we
were bad
parents.
Judge - In the
thesis presented
on the book it
is claimed that
you hid the
body, do you
think people
thought that you
were cowards?
Kate Healy - It
was worst than
that.
Judge - Do you
suffer from
insomnia?
Kate Healy - No,
not as much as I
did in 2008,
2009, because
then the efforts
that we did were
boycotted by Mr.
Amaral's book.
We were
desperate to
find Madeleine.
I felt that he
destroyed our
hypotheses.
Judge - Do the
twins know about
the book and
about the
documentary?
Kate Healy -
They know about
them but they
don't know the
details. They
understand why
we are here
today.
Judge - So they
have an idea?
Kate Healy - In
October last
year my son Sean
asked me why did
Mr. Amaral said
that we had hid
Madeleine's
body. I told him
that Mr. Amaral
says many silly
things.
Judge - How did
he know about
that?
Kate Healy - I
think he heard
it in the radio,
in the school
bus.
Judge - What
have you done to
protect the
twins?
Kate Healy - We
arranged for
them to have
psychological
support, David
Trickey told us
that we should
answer the twins
questions with
honesty and let
them speak about
it if they
wished to. We
also had to make
arrangements
with their
school and
supervise the
twins access to
the internet in
school and at
home. The book
is already very
distressing for
an adult and
it's even worse
for a child.
Judge - Were you
diagnosed with a
clinical
depression?
Kate Healy - No.
Depression is a
over-diagnosed
term. |
|
|
|
Anne
Guedes
full report -Gerry McCann |
|
|
Judge - Did this
article have to
do with the
pressure from
the media that
you allege?
Gerald McCann -
Yes.
Judge - Did you
suffer from
insomnia?
Gerald McCann -
Yes, we didn't
sleep for many
nights because
of the anxiety
caused by the
book.
Judge - Do you
have any idea
about what
people thought
after reading
the book?
Gerald McCann -
I can't answer
that, only if I
knew what people
thought before
hand.
Judge - Allow me
to rephrase
that. Do you
think that
people believed
that the thesis
in the book was
true?
Gerald McCann -
When the process
was archived
there was no
evidence to
prove that
Madeleine was
dead, and there
was no evidence
to prove that we
were responsible
for the
concealment of
Madeleine's
body. The
Portuguese were
bombarded with
information that
we hid the body
in the car and
that we had
staged an
abduction,
mainly after the
book
publication.
Judge - What
about the
English?
Gerald McCann -
The book was
never published
in England
because of the
legal actions
that we took. It
wasn't published
on the main
stream media
either. There is
however a small
minority, a
small group who
have launched an
harassment
campaign who use
quotes from the
book.
Judge - Who are
they?
Gerald McCann -
They are called
the 'Madeleine
Foundation' and
we were forced,
as the last
resort, to take
legal action
against them,
specifically
against a man
named Anthony
Bennett.
Judge - What is
the connection
between the book
and the
'Madeleine
Foundation?
Gerald McCann -
The book was
quoted by the
'Madeleine
Foundation' on a
forum and they
have inclusively
distributed a
leaflet in
Rothley titled
'60 reasons
which suggest
that Madeleine
McCann was not
abducted'. [see
article -
Accusatory
leaflets scare
McCanns, August
16, 2009]
They have
interviewed Mr.
Amaral and
invited him to
meet them in
England. This
was what led us,
after our
lawyers had warn
him several
times, to seek
legal action
against Anthony
Bennett, as a
last resort.
Judge - Do you
know if the
group existed
before the book
was published?
Gerald McCann -
I'm not sure if
the book was
published before
or after.
Judge - Do the
twins know about
the thesis?
Gerald McCann -
We try to be
open about it
but it worries
us that they
make questions
about Mr.
Amaral's
allegations
since he was the
coordinator of
the case. Kate
told me that
Sean had asked
her about us
hiding
Madeleine's
body. It worries
us that they
might hear
things from
other people.
Judge - What
measures have
you taken to
protect the
twins in that
instance?
Gerald McCann -
We had
professional
advice by a
child
psychologist who
still advises us
today if needed.
He gave us a key
piece of advice
which was to
answer the twins
questions as
honestly as
possible, at
their age level
of
understanding.
However I am
afraid that they
might read the
horrible things
people say about
us on the
internet.
Judge - How is
the coordination
with the school?
Gerald McCann -
The school has
been very
supportive, Kate
has handled that
with them. As
far as I know
there were no
incidents
specifically
related with the
book.
Judge - Have you
ever heard about
a book written
by Paulo Pereira
Cristovão? ['A
Estrela de
Madeleine'
(Madeleine's
Star) pub. 2008]
Gerald McCann -
Vaguely...
Judge - Have you
ever heard about
a book written
by Manuel
Catarino? ['A
Culpa dos
McCann' (The
McCann's Guilt)
pub. 2007]
Gerald McCann -
I can't say I
have no. I don't
remember that
name.
Judge - Have you
ever heard about
a book written
by Hernâni
Carvalho? ['Maddie
129' pub.
2007]
Gerald McCann -
I know about Mr.
Carvalho's
comments in the
press about Mr.
Amaral's book.
Judge - But you
never read the
book?
Gerald McCann -
No I haven't.
The Judge Maria
Emília de Melo e
Castro asks each
lawyer if they
have any
questions to put
to Gerry McCann,
only Dr. Miguel
Rodrigues has a
question,
replicating the
one he had
previously asked
Kate Healy.
Miguel Rodrigues
- What caused
you to feel more
distressed - a)
The
disappearance of
your daughter?
b) to be
constituted as
an arguido? c)
or the book and
the documentary?
|
Gerald McCann - They all happened at
different times, the abduction of a
child is devastating but the book
intensified that feeling.
Judge - Very well. [prepares to
conclude the hearing session]
Gerald McCann - Can I make a statement?
Judge - The statements in the
Portuguese court system, unlike in
England were people can give
extemporaneous statements [see
VPS], are the declarations, which
consist on a series of questions put by
the lawyers and judge and by the answers
of the deponent, which you just gave.
You can say something but it won't have
any legal validity, nevertheless it will
still be recorded.
Gerald McCann - I want to speak about
the sniffer dogs. They never alerted to
any blood in the car and they never
alerted to cadaver odour...
Judge - [interrupts] We are not here to
ascertain that, our perspective here in
this court is to analyse your claim.
Gerald McCann - But the book states
that as a fact!
Judge - To decide that there are
already forensic experts. We are not
here to prove if the contents of the
book are truthful or not. Here we are
only trying to establish if the freedom
of expression of the defendants has
affected the rights of the claimants.
This court cannot be a substitute of the
criminal investigation. [Turns to the
interpreter] Tell the gentleman that he
is excused. |
|
 |
|
