KATE AND GERRY DENIED RIGHT TO GIVE EVIDENCE AT LIBEL TRIAL - SO IS AMARAL

Madeleine McCann parents cannot give evidence at detective's libel trial, judge rules

KATE and Gerry McCann were "disappointed" today after a judge ruled they cannot give evidence at the £1million libel trial of disgraced detective Goncalo Amaral.

By: Tom Worden Published: Fri, January 3, 2014

The couple wanted to take the stand to give explain how Amaral's book about the Madeleine case had left them devastated.

But judge Maria de Melo e Castro ruled neither the McCanns nor the former police officer can give evidence in the case.

The couple, both 45-year-old doctors from Rothley, Leics, are suing Amaral for £1 million over his book The Truth of the Lie and a related TV documentary.

In the book Amaral, the former chief investigator on the case, claimed Madeleine died in the family's Algarve holiday apartment and accused the parents of faking her abduction.

The McCanns say Amaral became rich by promoting his warped theories after being thrown off the investigation in October 2007, five months after Madeleine went missing.

The judge also ruled Amaral cannot give evidence in the civil case, being heard at the Palace of Justice in Lisbon.

The McCanns' lawyer Isabel Duarte said today: "Obviously Gerry and Kate were disappointed when they were told the news, but that is the judge's decision and they have to accept that.

"We believe they have the right to give evidence in the case. But the judge has made up her mind."

The judge informed the McCanns' legal team of her decision today.

The libel trial began last September and had has heard how Mrs McCann contemplated suicide after Amaral's book was published.

British psychologist Alan Pike, who counselled Madeleine's mother, said she confessed to secret "dark thoughts" about suicide after the book came out.

The book was a best-seller in Portugal, selling 120,000 copies before it was removed from the shelves after the McCanns won an injunction.

The documentary based on the book was broadcast by Portuguese station TVI in April 2009 and was watched by 2.2million viewers.

Mr Amaral, 56, was thrown off the Madeleine investigation after publicly criticising British police involved in the case.

He denies defamation and claims everything in the book is based on police and court files on the case, which have been made public.

Lawyers for the McCanns, Amaral, the book publishers and the documentary producers, also being sued, are due to give their closing statements in the trial next Tuesday.

Madeleine went missing during a family holiday in Praia da Luz, in May 2007.

The case was shelved by Portuguese authorities the following year, but officially reopened last October when Portuguese police said there are "new lines of enquiry."

Speaking of their bid to give evidence against Amaral soon after they applied to testify, Gerry said: "My wife Kate and I know better than anyone else what we have experienced and what we have gone through and the damage that has been caused to the search for Madeleine."

Jerry Lawton ‏@JerryLawton 2h
Gerry and Kate #mccann banned from giving evidence at resumption of ex-cop Goncalo Amaral's libel trial next week

Jerry Lawton ‏@JerryLawton 2h
Gerry & Kate #mccann hoped to tell Portuguese court how Amaral's book's claim they covered up daughter Madeleine's death had devastated them

Jerry Lawton ‏@JerryLawton 2h
Gerry & Kate #mccann applied to give personal statements to the court in Lisbon but have been denied the chance by the judge

Jerry Lawton ‏@JerryLawton 2h
Gerry & Kate #mccann said to be `very disappointed' by the ruling

longjohnsilver ‏@longjoh44309217 2h
#mccann my understanding is if the judges wont allow gerry and kate to speak that means they may think that the mccans have no case?

Panda wrote:
The couple wanted to take the stand to give explain how Amaral's book about the Madeleine case had left them devastated"

See how the Press turns things around? The McCanns applied to be asistentes, not take the stand.!!!! They had no intention of returning to Portugal until they saw how poor their Witnesses performance was. I find this decision by the Judge heartening and if it turns out to be true that SY are investigating the Fund, I will die a happy Woman

Broho wrote:My understanding of chucky is that she is a nasty little waste of space.  

What has now become more important, and why Amaral cannot speak in this case is because there is the possibility that the JIT will bring something to the Judicial table in due course. Amarals powder needs to be kept dry.

Broho wrote:Do they mean his johnson's baby powder to ease his sore rear end after the libel trial?   

http://www.dailystar.co.uk/news/latest-news/358729/Madeleine-McCann-s-parents-left-furious-after-court-gags-them-from-giving-evidence

Madeleine McCann's parents left furious after court gags them from giving evidence

KATE and Gerry McCann were seething yesterday at being gagged from giving evidence against the man who accused them of covering up daughter Madeleine’s death.

By Jerry Lawton/Published 4th January 2014

They wanted to tell a Lisbon libel trial how ex-detective Goncalo Amaral’s claims left them devastated.

But Portuguese Judge Maria de Melo e Castro ruled neither they nor Amaral could give evidence. The doctors, both 45, from Rothley, Leics, are suing Amaral, 56, for £1million over his book The Truth Of The Lie and a television documentary.

Amaral, who led the investigation into three-year-old Madeleine’s disappearance in May 2007, claimed she died in the family’s Praia da Luz holiday apartment and accused the McCanns of faking her abduction. The couple claim Amaral added to their heartache and damaged the search.

Amaral denies defamation and claims everything in the book is based on police and court files, which were made public.

Their lawyer Isabel Duarte said: “Obviously Gerry and Kate were disappointed... We believe they have the right to give evidence in the case.’’

On Tuesday lawyers for the McCanns, Amaral, publishers and the documentary producers will give their closing statements in the five-month long case.

Last night a source close to the couple said: “They are very disappointed by the judge’s ruling. It is yet another blow. They will not be going to court. There is no point now. It would simply turn into a media circus.”

 Re: Madeleine McCann parents cannot give evidence at detective's trial

Posted by Hael » Fri Jan 03, 2014 11:56 pm

It was Amarals job to manage the McCann case. If you've had the chance to read the police files after they were released you will have seen that he formed his own opinion of what happened. He based it largely on misinterpretation of the early forensic findings and the inability to realise the actual purpose of 'cadaver dogs'. For whatever reason only known to him, he allowed his ego and honour to take centre stage and he started concentrating on proving the parents guilt in the disappearance of their daughter. He was way out of his depth. There is no doubt that his failure to run the investigation in a professional manner lead to his removal. He had already acquired a criminal conviction in the case of another missing child and the Portuguese police had to do damage limitation. Instead of allowing the Portuguese police to continue the search for Madeleine, Amaral used his connections to influence people’s opinion.

And in this lies the issue.

He didn't just have an opinion or as is termed 'freedom of opinion', he influenced others to form the same opinion. His influence was so great that it made a real life change to the way the investigation was run. People who didn't know Amaral from a bar of soap prior to the case, now suddenly formed support groups in real life and on the internet. These groups aim was to spread the propaganda. To spread lies and misinformation so that Amarals theory sounded more credible with each passing minute.

People were encouraged not to look for Madeleine, because Amaral said she was dead. People were encouraged to take action against the McCann's whether it being signing a petition to get them prosecuted for child abandonment or having Dr Gerry McCann declared unfit for practice. When Kate McCann was elected Ambassador for Missing People, a huge outcry went out and a campaign was launched to get her removed. Their friends and acquaintances were stalked on the internet and every bit of information that did not make any sense to the outsider, was twisted into some sinister fact about that person. This misinformation, sometimes as bad as openly calling someone a p.a.e.dophile, was intentionally spread to all corners of the internet.

To make matters worse, Amaral participated in online communications with these people and went as far as to write a book in which he implies that Madeleine's parents had something to do with her death. He used every opportunity to manipulate others into believing that his freedom of opinion and right to freedom of speech outweighed the right of the McCann's not to be libelled. Their right to live a life free of defamation. He has influenced people to do the unthinkable. One of his supporters even openly talked of kidnapping the twins for their own protection! Other types of action; posters of missing Madeleine were defaced, Gerry McCann's place of work and the village they live in was pamphletted. These are just a few examples.

It's not just about a police officer who didn't do his job properly; it's about what that police officer did to influence others. He influenced their behaviour in such a way that it DOES hamper the search for Madeleine.

And if you can't see it, then you are blind. And if the Portuguese legal system can't see it, then its proof that it is corrupt.

Sykes wrote:From Myths with thanks to the forum and to Hael for her excellent post re the damage done by Amaral.

 Re: Madeleine McCann parents cannot give evidence at detective's trial

Posted by Hael » Fri Jan 03, 2014 11:56 pm

It was Amarals job to manage the McCann case. If you've had the chance to read the police files after they were released you will have seen that he formed his own opinion of what happened. He based it largely on misinterpretation of the early forensic findings and the inability to realise the actual purpose of 'cadaver dogs'. For whatever reason only known to him, he allowed his ego and honour to take centre stage and he started concentrating on proving the parents guilt in the disappearance of their daughter. He was way out of his depth. There is no doubt that his failure to run the investigation in a professional manner lead to his removal. He had already acquired a criminal conviction in the case of another missing child and the Portuguese police had to do damage limitation. Instead of allowing the Portuguese police to continue the search for Madeleine, Amaral used his connections to influence people’s opinion.

And in this lies the issue.

He didn't just have an opinion or as is termed 'freedom of opinion', he influenced others to form the same opinion. His influence was so great that it made a real life change to the way the investigation was run. People who didn't know Amaral from a bar of soap prior to the case, now suddenly formed support groups in real life and on the internet. These groups aim was to spread the propaganda. To spread lies and misinformation so that Amarals theory sounded more credible with each passing minute.

People were encouraged not to look for Madeleine, because Amaral said she was dead. People were encouraged to take action against the McCann's whether it being signing a petition to get them prosecuted for child abandonment or having Dr Gerry McCann declared unfit for practice. When Kate McCann was elected Ambassador for Missing People, a huge outcry went out and a campaign was launched to get her removed. Their friends and acquaintances were stalked on the internet and every bit of information that did not make any sense to the outsider, was twisted into some sinister fact about that person. This misinformation, sometimes as bad as openly calling someone a p.a.e.dophile, was intentionally spread to all corners of the internet.

To make matters worse, Amaral participated in online communications with these people and went as far as to write a book in which he implies that Madeleine's parents had something to do with her death. He used every opportunity to manipulate others into believing that his freedom of opinion and right to freedom of speech outweighed the right of the McCann's not to be libelled. Their right to live a life free of defamation. He has influenced people to do the unthinkable. One of his supporters even openly talked of kidnapping the twins for their own protection! Other types of action; posters of missing Madeleine were defaced, Gerry McCann's place of work and the village they live in was pamphletted. These are just a few examples.

It's not just about a police officer who didn't do his job properly; it's about what that police officer did to influence others. He influenced their behaviour in such a way that it DOES hamper the search for Madeleine.

And if you can't see it, then you are blind. And if the Portuguese legal system can't see it, then its proof that it is corrupt.

I would add to the last comment .... or they knew what had happened, were possibly involved or were at least complicit in a cover-up of one or more of their own.   Sykes

Rachel Granada wrote:Ditto, a cracking post from Hael.