Lisbon - Tuesday 19 Nov 2013
All lawyers are present.
VCFilmes/Multimedia's lawyer is substituted by a
lawyer who states that she took part in the
Providência Cautelar (Injunction hearing).
Witnesses due to testify today are dismissed by
defendants TVI, VC and Gonçalo Amaral and will
no longer be required to give evidence.
The Judge starts the session by
raising the issue of documents requested by the
plaintiffs evidencing the value of royalties
paid to Gonçalo Amaral.
She reminds the Court that G&P's position is
that the request is extemporaneous and illegal
and that no other payment was received beyond
that previously declared to the Court. One such
document relates to a request to Gonçalo Amaral
to provide receipts X and Y specific to the
period from 17 - 30 October 2008 and from 6 - 30
The Judge adds that any others are of no
consequence since G&P has proven that no other
royalties were paid to Gonçalo Amaral.
The Judge reminds the Court of
the principle that when a Party declares to
another Party that a requested document does not
exist or is not in their possession, the legal
remedy is not for the pursuer to make a further
request but to prove through whatever means that
the respondent is being untruthful. The Judge
therefore grants a request by the plaintiffs
that receipts be provided as previously
requested since the defender has failed to
produce the information sought.
TVI must provide an extract of
accounts for the fiscal years 2008, 2009 and
2010 related to VCFilmes and VCMultimédia. They
are given 10 days to produce the relevant
The Judge omits partially a
request concerning the accounts of VCFilmes,
which are limited to the the period from the 7
February 2012 onwards. VC Filmes is also given
10 days to produce the documents.
The Judge reminds the Court that
the request by the plaintiffs is related to the
search of material facts in order that justice
is done. However, she adds that the lawyer
representing G&P should consider that if any of
the documents requested in the process contain
information unrelated to Gonçalo Amaral then
that should be maintained apart for commercial
and/or fiscal reasons.
The defence is therefore authorised to present
said documents in the judicial section in order
to protect any commercially sensitive
information, making only available that which
relates to the process concerning the
relationship between G&P and Gonçalo Amaral. G&P
is given 10 days to respond to the request.
The Judge adds that G&P has
already provided indications about the financial
aspect of the publication of the book and about
the number of books that have been sold.
The Judge finally confirms that
the date of the next hearing will be on
Wednesday 27 November 2013. The date for the
final allegations will then be fixed.
End of session.