Gonçalo Amaral dismisses lawyer without paying him the full amount of fees

Gonçalo Amaral dismisses lawyer without paying him the full amount of fees

Process. The trial of the lawsuit that was filed by the McCanns didn’t take place yesterday because the former PJ inspector decided to dismiss his defence

by Rute Coelho
June 17, 2014

“I was caught by surprise. Gonçalo Amaral called me at 22h00 on Sunday warning me that he was going to dismiss my services in the McCann process. He didn’t say why”, lawyer Santos de Oliveira, who had prepared closing arguments to be presented on Monday, told DN yesterday. Due to Amaral’s decision, yesterday’s session was only used to schedule closing arguments for July.

“What happened was more than bizarre. My fees have not been paid in full yet. I have only received part of it”, Santos de Oliveira mentioned, refusing to comment if Gonçalo Amaral’s eventual financial difficulties lie behind the former Judiciary Police inspector’s decision to dismiss his defence.

In the defamation trial, the McCanns claim the payment of 1.2 million euro from Gonçalo Amaral, the author of Maddie: A Verdade da Mentira.

Gerry and Kate McCann, who traveled from England in vain, and their lawyer, Isabel Duarte, said, upon leaving Lisbon’s Civil Court, that Gonçalo Amaral used a “delay strategy”. This was “the fourth time that the trial was delayed”, Kate McCann stressed. “Every time that he manages to delay the trial, it brings more pain and anguish for our family. We have to ask for a leave from work, to book hotels, to arrange for someone to take care of the twins”, Kate McCann stated outside the courthouse. The English couple’s lawyer, Isabel Duarte, was peremptory: “For me and for everyone else it is obvious that this was a delay strategy.” Isabel Duarte also said that Amaral’s book, which has been returned to sale, “is sold out and continues to cause my clients severe damages.”

Gonçalo Amaral, former coordinator of the investigation into the disappearance of Madeleine McCann, in 2007, appeared at the Lisbon Civil Court in the morning only to deliver, by his own hand, the request to dismiss his lawyer’s services.

Santos de Oliveira recalled the two victories that he obtained in the process. “We managed to get the book back on sale and we demonstrated that the McCann couple didn’t have the powers to represent their daughter” when they filed the lawsuit against Amaral, five years ago. The missing child’s rights are represented by the British High Court, upon her parents’ request. According to a judicial source, the fact may have consequences on the payment of an eventual compensation to the McCanns. Gonçalo Amaral would not have to pay Maddie’s part of the “cake” of 1.2 million in damages.

Closing arguments

Amaral needs to find a lawyer until the 8th of July

The judge at the Civil Court determined that Gonçalo Amaral has 10 days to find a new lawyer, in time for the latter to be present at the two sessions that were scheduled for closing arguments, July 8 and 10. The judge understood that this specific case demands legal representation. Amaral has ten days to do so “under penalty of the actions proceeding with the use of the previously performed actions”, which means making use of the defence line that was laid out by the dismissed lawyer, Santos de Oliveira. Yesterday’s session was postponed because “actions with a severe juridical repercussion” were going to be carried out. Thus the defendant was given a time frame of 10 days.  

fakelily: aka faithlily

I think the difference with the funds is we can physically see where the donations to Amaral's fund is being spent. He has no money yet he has a defence team who must be being paid therefore the money must be coming from donations made to his fund.

And what is this drivel from another hounder?

What, if mr and mrs McCann are absent at the Courthouse in Lisbon on july 8th 2014?

Would that not look strange and invite questions about the reason for their absence?

As in: are they in any danger of becoming arguidos again, now the game has progressed this far, and they cannot (?) be certain what sort of information has come out of the other arguidos, especially Murat-linked Malinka?

So would not an absence be a clear sign of something very wrong in the TM-camp?

If innocent, they would surely be banging at the courthouse' doors again, clamoring to be heard. Innit?

So I'm waiting with baited breath

GA must have had inside information, and his move to have the hearing delayed appears to me to have been fiendishly clever

IMO, of course

  But a source close to Kate and Gerry said: “They wouldn’t be surprised if Mr Amaral pulls another stunt to try and stall the case yet again.

"Kate and Gerry have been told Mr Amaral has appointed a new lawyer but he doesn’t use email or phone. How he can operate like this in the modern era is beyond belief.”

If it is in fact true that Amarals new lawyer does not use email or telephone, this will be a serious handicap.

My view is that the Judge will know exactly what Amaral is up to. And indeed I would not be surprised is the judge allows him to get away with it once more, with a further extension of 10 days - but with a warning that unless he is appropriately represented then the defence case will be that which has already been presented.

The reason for this is to prevent the lack of representation to be used as a reason for a future round of appeals. (a defendant consistently delaying a trial is deemed by the court to be denying justice to the plaintiff)

The alternative is that the court will appoint a lawyer to represent him - again with a suitable delay - and the lawyer will be of the courts choosing rather than Amarals. I suspect that a court appointed one may have a slightly different agenda - and will be the equivalent of a legal aid solicitor. Nothing wrong with that, of course, and many do an excellent job. Just slightly less inclined to play silly games (if they want more work from the court).

PeterMac Yesterday at 10:18 pm

aquila wrote:
Snipped from the Mirror/People article

But a source close to Kate and Gerry said: “They wouldn’t be surprised if Mr Amaral pulls another stunt to try and stall the case yet again.
"Kate and Gerry have been told Mr Amaral has appointed a new lawyer but he doesn’t use email or phone. How he can operate like this in the modern era is beyond belief.”

Which suggests that Mitchell and his spies have so far been unable to hack the new lawyers phones or decrypt his emails !
Otherwise how would they know know that ?

And by the way Mitchell - it should read "again" not "Yet again" since Dr Amaral's actions have only caused ONE delay.

http://www.express.co.uk/news/uk/487167/Kate-and-Gerry-McCann-are-braced-to-speak-at-1m-detective-libel-trial

Kate and Gerry McCann are braced to speak at £1m detective libel trial

KATE and Gerry McCann are expected to make ­emotional speeches tomorrow to end the £1million libel trial of disgraced former Portuguese detective Goncalo Amaral.



The libel trial has already lasted five years[GETTY]

It is the second time they have flown to Lisbon to voice their anger at claims the ex-policeman made in a book about their daughter Madeleine’s disappearance in the Algarve in 2007.

Last month, Amaral, 57, left the McCanns “exasperated” by delaying the trial – which has already lasted five years – by sacking his team just minutes before the hearing was due to start.

Gerry, 45, called the move a “cynical” attempt to wear them down. Kate, 46, said every time Amaral postponed the case, it brought her family “more pain”.

Although the trial will end tomorrow, a final ruling on a settlement is not expected until later this year.

British police recently searched parts of Praia da Luz and questioned suspects but are not thought to have made any breakthroughs.

http://www.dailystar.co.uk/news/latest-news/387603/McCann-libel-case-resumes

The McCanns to face fresh agony in Portugal as libel case resumes
MADELEINE McCann’s parents fly back to Portugal today as their £1million libel battle resumes.

By Jerry Lawton /Published 7th July 2014

Kate and Gerry are fighting claims by ex detective Goncalo Amaral that they covered up their daughter’s death.

The couple had hoped to give evidence last month.

But they faced fresh agony as the case was adjourned after they arrived in Portugal when Mr Amaral sacked his lawyer. He has now appointed a new one and the hearing resumes tomorrow.

Former GP Kate, 46, and heart doctor Gerry, 45, from Rothley, Leics, have been granted permission to give personal statements in the closing phase of their five-year civil battle over the detective’s book.

Met Police have publicly stated they are satisfied the McCanns were not involved in Madeleine’s disappearance in Praia da Luz, Portugal, on May 3, 2007.

The family’s spokesman Clarence Mitchell said: “Kate and Gerry believe they have a very strong case and expect to win their claim.

“They will describe the impact that Mr Amaral’s comments had on them and the wider family.”