The purpose of this site is for information and a record of Gerry McCann's Blog Archives. As most people will appreciate GM deleted all past blogs from the official website. Hopefully this Archive will be helpful to anyone who is interested in Justice for Madeleine Beth McCann. Many Thanks, Pamalam

Note: This site does not belong to the McCanns. It belongs to Pamalam. If you wish to contact the McCanns directly, please use the contact/email details campaign@findmadeleine.com    

McCanns v. Goncalo Amaral: Libel Trial - Day Five*

MCCANN FILES HOME BACK TO GERRY MCCANNS BLOGS HOME PAGE PHOTOGRAPHS
NEWS REPORTS INDEX MCCANN PJ FILES NEWS MAY 2007
 
 

Gerry McCann and Isabel Duarte speak to the press following the suspension of proceedings
Gerry McCann and Isabel Duarte speak to the press following the suspension of proceedings

 

27 September 2013 - Day Five of the civil complaint that was filed by the McCann family against Gonçalo Amaral and other defendants.

Gerry McCann travels from the UK in the hope of being admitted to the process as a witness, thus allowing him to give evidence.

However, any plans to be heard are thwarted when the proceedings are suspended at the request of Gonçalo Amaral's lawyer, Santos de Oliveira, following concern at the medical condition of his son.

"Kate and Gerry do not have to give evidence so they do not need to be here. I am confident of winning."

- Isabel Duarte, reported in the Sunday Express, 01 September 2013

Message from Gonçalo Amaral, 26 September 2013
Message from Gonçalo Amaral Facebook

Gonçalo De Sousa Amaral

Thursday, 26 September 2013, at 15:38

At this point, it is worth recalling the decision of the Court of Appeal of Lisbon, which upheld the appeal made in 2010, revoking the decision of the Court of 1st instance, considering unfounded, and not proven, the injunction filed by the McCanns against the sale of my book "Maddie – The Truth of the Lie":
"The book "Maddie – The Truth of the Lie" which was written by the defendant Dr. Gonçalo Amaral, has the main motivation of defending his personal and professional honour..."

"The contents of the book does not offend any of the fundamental rights of the applicants [the McCanns]

"The exercise of its writing and publication is included in the constitutional rights that are assured to everyone by the European Convention for Human Rights and by the Portuguese Republic's Constitution..."

Gerry McCann 'hopes' to appear at libel trial, 26 September 2013
Gerry McCann 'hopes' to appear at libel trial Twitter - Jerry Lawton

Jerry Lawton tweet, 26 September 2013

Jerry Lawton@JerryLawton
5:55 PM - 26 Sep 13
Gerry #McCann hopes to appear as witness at libel trial of Portuguese detective Goncalo Amaral tomorrow

Madeleine McCann's dad Gerry to face former Portuguese police chief in court in libel trial, 26 September 2013
Madeleine McCann's dad Gerry to face former Portuguese police chief in court in libel trial Daily Mirror

By Martin Fricker | 26 Sep 2013 20:18

Goncalo Amaral angered the McCanns by claiming they covered up the death of Madeleine, who vanished from their holiday apartment in 2007

Maddy's parents: Kate and Gerry

 

Gerry McCann will tomorrow come face to face with the Portuguese police chief who accused him and wife Kate of covering up their daughter’s death.

The heart specialist is hoping to give evidence in the couple's explosive £1m libel trial against shamed cop Goncalo Amaral.

Amaral angered the McCanns by claiming they covered up the death of missing Madeleine, who vanished from their holiday apartment in 2007.

Gerry, 45, has submitted a request to be heard as a witness to a court in Lisbon hearing the case.

Judge Maria Emilia Melo e Castro must approve the request before the trial restarts tomorrow morning.

Gerry's sister Trish Cameron has been confirmed as a witness.

Kate, 45, attended the start of the case a fortnight ago with relatives including her mum Susan Healy and cousin Michael Corner.

But her plans to give evidence were scuppered when the judge failed to rule on whether she could take the witness stand.

Gerry's decision to apply to give evidence is thought to be related to her frustrated hopes of speaking at the hearing.

It is believed a recent change in the law in Portugal now allow complainants in civil cases to give evidence.

If allowed to give evidence, Gerry is expected to tell the court how Mr Amaral's claims hindered the ongoing search for Madeleine.

The McCanns, from Rothley, Leics, are suing Mr Amaral, 56, over his bombshell July 2008 book 'The Truth of the Lie'.

They have also launched libel proceedings at Lisbon's Palace of Justice against the book publishers and a TV channel.

During last week's hearing it emerged sick internet trolls had discussed kidnapping Madeleine's twin siblings.

The online conspiracy theorists - convinced her parents were behind her disappearance - incited bigots to back the kidnap of Sean and Amelie.

They bizarrely hoped the youngsters could shed light on what happened to missing Madeleine.

Kate and Gerry McCann were so horrified by the comments they contacted police in the UK who launched an investigation.

Mr Amaral's book was published just three days after the McCanns had their status as 'arguidos' - formal suspects - lifted.

Goncalo Amaral

Around 120,000 copies of the book were sold before it was withdrawn when the McCanns won an injection against him.

It formed the basis for a documentary screened on TVI - the Portuguese equivalent of ITV - in April 2009.

Madeleine was just three years old when she vanished from her parents' holiday apartment in Praia da Luz in May 2007.

Kate and Gerry were dining with friends at a nearby tapas restaurant when she disappeared from her bedroom.

In his book he claimed Madeleine had not been abducted but died in an accident and the McCanns hid her body.

He also suggested the couple cashed in £2m of public donations.

Mr Amaral, 56, insists everything in his book is already contained in police and court case files on Madeleine which have been made public.

The case is due to finish hearing evidence in November.

Madeleine's dad, Gerry McCann jets in to 'help find the truth', 27 September 2013
Madeleine's dad, Gerry McCann jets in to 'help find the truth' Daily Star

MADELEINE McCann's heartbroken dad has made an 11th-hour decision to face the Portuguese police chief who accused him and his wife of covering up their daughter's death.

By Jerry Lawton / Published 27th September 2013

Gerry will speak at Goncalo Amaral's libel trial [TIM CLARKE]

Gerry McCann is hoping to give evidence at a £1million libel trial over Goncalo Amaral's book that claimed the missing youngster died in their Algarve holiday apartment in May 2007.

The heart specialist has asked to be heard as a witness at the hearing in Lisbon today but Judge Maria Emilia Melo e Castro must approve it before he can take the stand.

Gerry hopes to the tell the court how the "awful, malicious lies" in Amaral's 2008 book The Truth Of The Lie hindered the worldwide search for her and caused anguish to him and wife Kate, both 45.

The McCanns' spokesman Clarence Mitchell said last night: "I can confirm Gerry McCann is hoping to give evidence."

Gerry McCann to face Portuguese police chief over lies of Madeleine's abduction, 27 September 2013
Gerry McCann to face Portuguese police chief over lies of Madeleine's abduction Daily Express

GERRY MCCANN will today come face to face with the Portuguese police chief who falsely accused him and wife Kate of covering up their daughter Madeleine's death.

By: Mark Reynolds and Gerard
Published: Fri, September 27, 2013

Gerry McCann (right, with wife Kate) will face Goncalo Amaral in a £1million libel case

 

Gerry, 45, is expected to give evidence at a £1million libel trial over Goncalo Amaral's "awful, malicious lies" that the missing youngster died in their Algarve holiday apartment in May 2007.

The consultant cardiologist hopes to take to the witness box in Portugal to accuse Mr Amaral of hindering the search for Madeleine with claims in a book that the McCanns faked her abduction to cover up her death.

Gerry also intends to spell out the pain and anguish the former detective's "awful, malicious lies" have caused his family.

Gerry has submitted a request to be heard as a witness to the court in Lisbon where the case is held.

Judge Maria Emilia Melo e Castro must approve the request before the trial restarts today.

Gerry's sister Trish Cameron has already been confirmed as a witness. Kate McCann attended the start of the case a fortnight ago with her mother Susan Healy and cousin Michael Corner, but she will not be present today.

Mrs Healy was unable to give evidence when the case was held up by a personal emergency for the judge.

Gerry is thought to have made his request after that setback. Previously complainants in civil cases in Portugal were unable to give evidence but the law has now changed.

Former detective Goncalo Amaral wrote a book claiming the McCann couple faked Madeleine's abduction

The McCanns' spokesman Clarence Mitchell said: "Gerry McCann will be attending court and is hoping to give evidence if the court permits it."

A source close to the family added: "Gerry wants to make it quite clear to the judge the absolute damage of what Mr Amaral has written has done in the search for Madeleine, and the pain his lies have caused not only him, Kate and their twins but the wider family.

"They brought the libel action against Mr Amaral way before the change in the law in July and there is some confusion as to whether the new ruling applies to them.

"That is why Gerry is bringing his sister out with him. If he can't give evidence, Trish will speak on behalf of Kate and Gerry."

The McCanns are suing Mr Amaral, 56, over his 2008 book The Truth Of The Lie. They have also launched libel proceedings at Lisbon's Palace of Justice against his publishers and a TV channel which broadcast a documentary based on his claims.

Mr Amaral was in charge of the investigation into the disappearance of three-year-old Madeleine for the vital first months but was removed for criticising British police.

Michael Wright, husband of Kate's cousin Anne-Marie, told the hearing last week that he believed Mr Amaral's "smears" fuelled internet kidnap threats against Madeleine's twin siblings Sean and Amelie, now eight.

Mr Amaral denies defamation and claims everything in his book is in files which the police have made public.

Martin Brunt tweets, 27 September 2013
Martin Brunt tweets Twitter - Martin Brunt

Martin Brunt tweets, 27 September 2013

 

Text version of above:

martinbrunt
@skymartinbrunt
7:41 AM - 27 Sep 13
#madeleine Gerry McCann expected to ask judge to let him give evidence in libel trial against ex-cop Goncalo Amaral in Lisbon today.

martinbrunt@skymartinbrunt
10:28 AM - 27 Sep 13
#madeleine Ex-cop Goncalo Amaral in good mood as he arrives at McCann libel trial in Lisbon

 
Ex-cop Goncalo Amaral in good mood as he arrives at McCann libel trial in Lisbon

martinbrunt@skymartinbrunt
10:33 AM - 27 Sep 13
#madeleine Gerry McCann arrives for libel trial. He said: "I'm here for Madeleine and justice."

 
Gerry McCann arrives for libel trial. He said: "I'm here for Madeleine and justice."


 

martinbrunt@skymartinbrunt
10:54 AM - 27 Sep 13
#madeleine Today's hearing abandoned because Mr Amaral's lawyer's son is ill.

martinbrunt
@skymartinbrunt
11:15 AM - 27 Sep 13
#madeleine Outside court Mr McCann said: "I want to give evidence. Kate and I know better than anyone what we've experienced."

martinbrunt
@skymartinbrunt
11:17 AM - 27 Sep 13
#madeleine Gerry McCann: "Damage has been caused to the search for Madeleine."

Gerry McCann says he wants 'justice for Madeleine', 27 September 2013
Gerry McCann says he wants 'justice for Madeleine' ITV News

10:33am, Fri 27 Sep 2013
Last updated Fri 27 Sep 2013


Gerry McCann has arrived at a court in Lisbon saying that he wants justice for Madeleine.

He said: "I am here for Madeleine, for justice, for the twins and ourselves."

When he was asked whether he would be making statement in court, he replied: "I am not sure."

Today's hearing in McCann libel trial 'is postponed', 27 September 2013
Today's hearing in McCann libel trial 'is postponed' ITV News

11:02am, Fri 27 Sep 2013
Last updated Fri 27 Sep 2013


The hearing for the McCann family's libel case against a former police detective has reportedly been delayed today because the son of the lawyer for Goncalo Amaral is ill.

Sky News crime correspondent Martin Brunt, who is at the court in Lisbon, has reported:

Martin Brunt Twitter avatar

#madeleine Today's hearing abandoned because Mr Amaral's lawyer's son is ill.

-FROM @SKYMARTINBRUNT ON TWITTER

Libel trial adjourned, 27 September 2013
Libel trial adjourned Twitter - Jerry Lawton

Jerry Lawton tweet, 27 September 2013

Text version of above:

Jerry Lawton@JerryLawton
11:47 AM - 27 Sep 13
#McCann libel trial adjourned after Goncalo Amaral's lawyer hurriedly leaves court - Madeleine's dad Gerry flew out for hearing in Lisbon

Gerry McCann: 'Damage caused to search for Madeleine', 27 September 2013
Gerry McCann: 'Damage caused to search for Madeleine' ITV News

12:30am, Fri 27 Sep 2013
Last updated Fri 27 Sep 2013


Gerry McCann said that he was not expecting the hearing to be delayed at a Lisbon court. He was in hoping to give evidence in the family's libel case against a former detective. The hearing was postponed because the defence lawyer had to care for his ill son.

Gerry McCann attended court in Lisbon Credit: ITV News
Gerry McCann attended court in Lisbon Credit: ITV News

Mr McCann said: "The law has changed, and I think that Kate and I know better than anyone else what we have experienced, and what we have gone through, the facts of the file and the damage that has been caused to the search for Madeleine."

Gerry McCann: 'Disappointed' but would return, 27 September 2013
Gerry McCann: 'Disappointed' but would return ITV News (with video)

12:36am, Fri 27 Sep 2013
Last updated Fri 27 Sep 2013


Gerry McCann said that he was "disappointed" after a hearing at a Lisbon court was delayed but added that he "would come back" to give evidence in the family's libel case against a former detective.

Gerry McCann and Isabel Duarte
Gerry McCann and Isabel Duarte

He said: "Obviously we are disappointed.

"If I get the opportunity to be heard, I will certainly come back."

-----------------

Transcript

By Nigel Moore

João C. Rodrigues: I'm sure you was not expecting that?

Gerry McCann: No, errm... but we are where we are, so... we'll look forward to the next date.

João C. Rodrigues: Did you understand what happened?

Gerry McCann: I think, errr... Isabel will be able to explain that better.

Martin Brunt: Are you feeling disappointed?

Gerry McCann: Obviously we're disappointed, yeah, sure.

João C. Rodrigues: Are you coming back?

Gerry McCann: If I get the opportunity to be heard I'll certainly come back

(...)

Gerry McCann: Well, the law's changed and I think, errr... I think Kate and I know better than anyone else, errr... what we've experienced and what we've gone through and the facts of the file and, errm... the damage that's been caused to the search for Madeleine.

Gerry McCann wants to speak in Court, 27 September 2013
Gerry McCann wants to speak in Court Correio da Manhã

Father of Maddie in Portugal

Maddie's dad came to testify in the process made against the former PJ inspector Gonçalo Amaral

Friday, 12h54
By: João C. Rodrigues
With thanks to
Joana Morais for translation

Gerry McCann arrived at the Palace of Justice at 10.30am but did not even enter the courtroom

 

Maddie's father is this Friday in Lisbon. Gerry McCann came to Portugal to testify in the process against the former PJ inspector Gonçalo Amaral, in which, together with his wife, they ask for 1.2 million euros compensation for damages caused by the book 'A Verdade da Mentira' [The Truth of the Lie].

Gerry McCann arrived at the Palácio da Justiça at 10.30am but he didn't even get inside the courtroom. First because he was not enrolled as a witness - the request was only made yesterday and it requires the consent of the lawyers who defend Gonçalo Amaral and the other parties in the process - then because the session was postponed due to the impediment of one of the lawyers.

To Correio da Manhã, Gerry admitted that the reopening of the investigation into the disappearance of Maddie by the Scotland Yard gave "new hope to the family" in solving the case.

His sister Trish was also in court, where she would testify, but in vain.

The new court session was scheduled for the 2nd of October.

------------

Gerry McCann: "I think Kate and I know better than anyone else what we've experienced" CMTV

13:04

The civil trial which sees the McCanns oppose Gonçalo Amaral was postponed. The McCann's lawyer wants Gerry to be enlisted as a witness.

To reporters, Maddie's father said, "I think Kate and I know better than anyone else what we've experienced."

Screenshots from CMTV video, 27 September 2013

Gonçalo Amaral leaves the Palace of Justice following the suspension of proceedings
Gonçalo Amaral leaves the Palace of Justice following the suspension of proceedings

Earlier, Gerry McCann had arrived with his sister, Trish Cameron, hoping to give evidence
Earlier, Gerry McCann had arrived with his sister, Trish Cameron, hoping to give evidence

Gerry McCann stopped on his way into court by Martin Brunt from Sky News
Gerry McCann stopped on his way into court by Martin Brunt from Sky News

Photos from Day Five, 27 September 2013

Trish Cameron with Isabel Duarte's new assistant. Photo: Anne Guedes
Trish Cameron with Isabel Duarte's new assistant. Photo: Anne Guedes

Isabel Duarte, Gerry McCann and Trish Cameron leave the Palace of Justice. Photo: Anne Guedes
Isabel Duarte, Gerry McCann and Trish Cameron leave the Palace of Justice. Photo: Anne Guedes

Gerry McCann, with Isabel Duarte, speaks to the assembled press. Photo: Anne Guedes
Gerry McCann, with Isabel Duarte, speaks to the assembled press. Photo: Anne Guedes

A curious report from the Daily Mail which appears to have been written completely oblivious of the morning's drama:

Gerry McCann flies to Portugal to face police chief who accused him of covering up daughter, 27 September 2013
Gerry McCann flies to Portugal to face police chief who accused him of covering up daughter Madeleine's death Daily Mail
  • Gerry MacCann hopes to give evidence against ex officer Goncalo Amaral
  • Police chief claimed the McCanns hid their daughter's body after her death
  • Lisbon court is hearing evidence for £1million libel case against Amaral
By GERARD COUZENS and DAILY MAIL REPORTER
PUBLISHED: 12:51, 27 September 2013 | UPDATED: 13:01, 27 September 2013


Gerry McCann has flown to join his wife Kate in Portugal in the hope he may give evidence in their libel case brought against a disgraced police chief.

Mr McCann had remained at home looking after the couple's twins while his wife attended the trial against the former policeman Goncalo Amaral, in Lisbon.

The heart specialist is now on his way to join his wife Kate, according to the family's spokesman Clarence Mitchell, and he hopes to give evidence against Amaral who the couple claim engulfed them in a 'massive tidal wave of lies' when he published a book on his thoughts on the Madeleine McCann investigation.

 
Gerry McCann, left, has flown to Portugal to join his wife Kate in the £1million libel case they brought against former police chief Goncalo Amaral, who published a book about Maddie's disappearance

 

Quoted in The Star, Mr Mitchell said last night: 'I can confirm Gerry McCann is hoping to give evidence.'

In his 2008 bombshell book, 'The Truth of Lies', Amaral claimed that Kate and Gerry McCann hid their daughter's body after a fatal accident at the family's Algarve holiday apartment. He said they staged her disappearance to cover up their negligence – accusations the McCanns vehemently deny.

The couple, from Rothley, Leicestershire, launched £1million libel proceedings against Mr Amaral, who was sacked as the head of the investigation after he launched an outspoken attack on British police.

They are also suing his book publishers and a TV station which broadcast an April 2009 documentary repeating Mr Amaral's claims.

The trial, which began earlier this month at Lisbon's civil court, has heard that Mrs McCann told friends she was 'devastated' by Amaral's book.

Their friend Susan Hubbard, the wife of an Anglican minister who counselled the McCanns after Madeleine's disappearance from a holiday resort in Praia da Luz, told the court: 'The thought that most people in Portugal thought Madeleine was dead was devastating for both Kate and Gerry – and the thought that was added, that they had something to do with it.'

 
Defamed? Kate McCann, pictured speaking to press outside Lisbon's civil court last week, has brought a case of libel against the former police chief in the country who she says launched a 'smear campaign' against her

 

Mrs McCann, a GP, cried as the court heard she was unable to eat and constantly wept in the days after Madeleine's disappearance on May 3, 2007.

But Mrs Hubbard, 46, said Mrs McCann's despair turned to 'anger and surprise' after the couple were named as arguidos – or suspects – by the Portuguese police.

Mr Amaral's book, The Truth Of The Lie, was published three days after the Portuguese authorities formally closed the investigation in 2008 and cleared the couple as suspects.

The McCanns' lawyer, Isabel Duarte, said it also contained claims that the family's 'Find Madeleine' fund could be fraudulent.

The fund raised £2million in public donations and was used to pay for the search for Madeleine to continue after the Portuguese case was closed.

A private detective who worked for the fund said he received abuse instead of information after Mr Amaral's book soured public opinion against the McCanns.

Skipton, Yorkshire, said the McCanns viewed Mr Amaral's book as a 'gross breach of confidentiality' because it showed he had been speaking to publishers while he and colleagues claimed laws on secrecy prevented them from discussing the Madeleine case with the couple.

The trial has also heard from Alan Pike, a trauma expert who has been helping the McCanns since Madeleine's May 3 2007 disappearance on the Algarve.

The told the court last week that Mrs McCann 'referred to killing herself as an option to end the trauma she was experiencing' after the publication of the book.

The court also heard yesterday that the book fuelled internet trolls to incite conspiracy-theorists to plot to kidnap the couple's twins Sean and Amelie.

 
Madeleine McCann disappeared on May 3, 2007, from the family villa while they were on holiday in the Algarve, Portugal. Mother Kate McCann has campaigned tirelessly to try raise awareness to help find her daughter

 

Close family friend Michael Wright told the court the theories in Mr Amaral's book gave conspiracy theorists on anti-Mccann Internet forums 'focus' because he had been in charge of the botched investigation into Madeleine's disappearance.

He said: 'There were several examples of them inciting forum members to abduct one of the twins as they felt they would be able to throw some light on what may have happened.

'On one of the Internet forums, called The 3 Arguidos, there was an Internet conversation in great length where a member was suggesting that someone should abduct Sean or Amelie because they may be able to get information out of them that would confirm Mr Amaral's theories.'

Mr Wright, who helped monitor Internet activity on missing Madeleine for the couple, said he felt compelled to tell Gerry and he was interviewed by police from his home county of North Yorkshire after they decided detectives should be alerted.

 
Crime scene: The Ocean Club Resort in Praia da Luz where Madeleine went missing in 2007

 

He said the threats also made Gerry and Kate more vigilant about the use of the Internet by their twins, now eight.

'I know Amelie has Googled her name and discovered sites to do with the conclusions of Mr Amaral's book,' he told the court.

'I do not know if she opened any of the pages and fortunately she told Gerry and Kate.

'But I know they will definitely be in a position where over the coming years they will search on the Internet and they will find people who will be saying their parents killed their sister.'

Amaral, 56, is denying defamation.

He insists everything he published in his book is already contained in police and court case files on Madeleine which have been made public - an argument disputed by the McCanns.

The case, due to finish hearing evidence in November, continues next Friday.

It is believed Kate's mother Susan Healy, cousin Michael Corner and Gerry's sister Bridget Cameron, known as Trish, will be called as witnesses.

We are no longer accepting comments on this article

Madeleine McCann: Gerry's Evidence Stalled, 27 September 2013
Madeleine McCann: Gerry's Evidence Stalled Sky News

2:19pm UK, Friday 27 September 2013

Gerry McCann says he is disappointed he did not get the chance to give evidence because of a lawyer's family problems.

Gerry and Kate McCann hold up a picture of their missing daughter

 

By Martin Brunt, Crime Correspondent, in Lisbon

Gerry McCann's bid to give evidence in his Portuguese libel trial has been scuppered after the hearing was suddenly abandoned for the day.

The judge agreed to an adjournment because a member of one of the lawyers' families had a medical issue.

Mr McCann was told the news as he arrived at the court in Lisbon after an early morning flight from the UK. He headed back to the airport.

He said outside court: "Obviously we are disappointed. If I get another opportunity to be heard I will be back and will answer the questions I'm asked."

Mr McCann and his wife, Kate, are suing ex-detective Goncalo Amaral over his book The Truth of the Lie, in which he claimed their daughter Madeleine died accidentally in their holiday apartment in 2007 and her parents covered up her death.

Madeleine on the day before she vanished
Madeleine on the day before she vanished

The couple insist Madeleine, who was nearly four, was abducted and could still be alive, but say the book poisoned public opinion against them and discouraged people from continuing to search for their daughter.

Until a recent law change, complainants in libel trials were not allowed to give evidence and even now need the judge's permission.

Mr McCann said: "The law has changed and I think Kate and I know better than anyone else what we have experienced and what we have gone through.

"Damage has been caused to the search for Madeleine. We are here for Madeleine and justice."

The McCanns are claiming €1.2m (around £1m) in damages from Mr Amaral, his publishers and the producers of a Portuguese TV documentary based on the book.

Mr McCann, pictured in March, said he was disappointed not to give evidence
Mr McCann, pictured in March, said he was disappointed not to give evidence

Mr Amaral was in charge of the case after Madeleine vanished from her bed in the Algarve resort Praia da Luz in May 2007.

He was taken off the case five months later after criticising British police and he eventually retired.

Portuguese police closed the case after a year without establishing any firm clues to Madeleine's disappearance or evidence of her parents' involvement.

Scotland Yard has spent two years reviewing the Portuguese police files and has identified 38 individuals "of interest" who they believe could be potential suspects.

British detectives are awaiting permission from Lisbon to begin collecting their own evidence.

The libel trial is sitting two days a week and is expected to finish in November after hearing evidence from the defendants.

Gerry McCann vows to 'do what it takes' after Madeleine hearing is postponed, 27 September 2013
Gerry McCann vows to 'do what it takes' after Madeleine hearing is postponed The Telegraph

Gerry McCann, who was hoping to give evidence in the family's libel case against a former police chief in Portugal, says he is "disappointed" after the hearing was postponed.

2:57PM BST 27 Sep 2013

The libel trial of detective Goncalo Amaral over his book on the disappearance of British girl Madeleine McCann in 2007 was postponed at a Lisbon court.

Following the decision Mr McCann said, "if we get the opportunity to be heard, for sure we'll be coming back."

"The laws changed and I think Kate and I know better than anyone else what we've experienced and what we've gone through and the facts of the file and the damage that's been caused in the search for Madeleine."

Prior to the court hearing Mr McCann was forced to contact police after threats were made to kidnap one of their twins by vigilantes, inspired by a detective’s book on the case, in a bid to find out what really happened, a court heard.

----------------

Transcript

By Nigel Moore

João C. Rodrigues: Hello. So, Gerry, I'm sure you was not expecting that?

Gerry McCann: No, errm... but we are where we are, so... we'll look forward to the next date.

João C. Rodrigues: Did you understand what happened?

Gerry McCann: I think, errr... Isabel will be able to explain that better.

Martin Brunt: Are you feeling disappointed?

Gerry McCann: Obviously we're disappointed, yeah, sure.

João C. Rodrigues: Are you coming back?

Gerry McCann: If I get the opportunity to be heard I'll certainly come back.

Martin Brunt: Gerry, why is it important that you give evidence at this trial?

Gerry McCann: Well, the law's changed and I think, errr... I think Kate and I know better than anyone else, errr... what we've experienced and what we've gone through and the facts of the file and, errm... the damage that's been caused to the search for Madeleine.

João C. Rodrigues: This justifies another coming back to Portugal?

Gerry McCann: We'll do what it takes.

Gerry McCann: 'Disappointed' after libel hearing delayed [unedited video], 27 September 2013
Gerry McCann: 'Disappointed' after libel hearing delayed janesnews24 - YouTube

Transcript

By Nigel Moore

João C. Rodrigues: Hello. So, Gerry, I'm sure you was not expecting that?

Gerry McCann: No, errm... but we are where we are, so... we'll look forward to the next date.

João C. Rodrigues: Did you understand what happened?

Gerry McCann: I think, errr... Isabel will be able to explain that better.

Martin Brunt: Are you feeling disappointed?

Gerry McCann: Obviously we're disappointed, yeah, sure.

João C. Rodrigues: Are you coming back?

Gerry McCann: If I get the opportunity to be heard I'll certainly come back.

Martin Brunt: What is it you want to say to the judge who is in these proceedings?

Isabel Duarte: (interrupts) Nothing.

Gerry McCann: I'll answer the questions that I'm asked, Martin.

João C. Rodrigues: But maybe do you have new expectations about finding Madeleine?

Gerry McCann: I think, you know, all the investigation enquiries are being directed to Metropolitan Police at this time.

João C. Rodrigues: So, you are quite with the hope about what is going to happen in Portugal in a few... in the coming days?

Gerry McCann: Sorry, I missed that.

João C. Rodrigues: You have some hope of what is going to develop in the coming days?

Gerry McCann: I would just direct you to the Metropolitan Police. They're very much dealing with all enquiries regarding the investigation.

Martin Brunt: Gerry, why is it important that you give evidence at this trial?

Gerry McCann: Well, the law's changed and I think, errr... I think Kate and I know better than anyone else, errr... what we've experienced and what we've gone through and the facts of the file and, errm... the damage that's been caused to the search for Madeleine.

João C. Rodrigues: That justifies another coming back to Portugal?

Gerry McCann: We'll do what it takes.

Madeleine McCann's father wishes to give evidence in detective's libel trial, 27 September 2013
Madeleine McCann's father wishes to give evidence in detective's libel trial The Guardian

Gerry McCann wants to take stand in trial of Gonçalo Amaral who family are suing over his book

Paul Hamilos in Madrid
Friday 27 September 2013 15.34 BST

Gerry McCann flew into Portugal for the trial of Gonçalo Amaral. Photograph: Joao Relvas/EPA

The father of missing girl Madeleine McCann has said that he wants to give evidence in a libel trial against the Portuguese detective who accused him and his wife of covering up her death.

Gerry McCann flew into Portugal for the trial, saying "I'm here for Madeleine, hopefully for justice," but conceded that he was not sure if he would be allowed to take the stand.

The McCanns are suing Gonçalo Amaral for €1.2m (£1m) in damages over a book he wrote, which their lawyers say was defamatory and helped poison public opinion against the couple. When the trial was abruptly adjourned for the day, Gerry McCann said he was disappointed, but that if he got the opportunity to come back he would take it.

Madeleine's mother, Kate, had previously attended the opening day of the trial against Amaral, who led the initial investigation into Madeleine's disappearance from a holiday resort in Praia da Luz in May 2007, shortly before her fourth birthday.

On the subject of the accusations made against against the family, Gerry McCann said on Friday: "Kate and I know better than anyone what we have experienced and what we have been through."

In his book Maddie: The Truth of the Lie, Amaral wrote that Madeleine died accidentally in her room and that the McCanns deliberately faked her disappearance in order to distract attention from her death. The McCanns strongly deny these claims and were cleared of any involvement in her disappearance when the Portuguese investigation was closed in July 2008.

A month later, Amaral, 56, who was removed from the investigation after criticising British police and has since retired from the force, published the book. In 2010 the McCanns succeeded in getting a court in Lisbon to ban it, but the decision was overruled later that year, and the book remains on sale in Portugal.

The court case has echoes of a previous trial in the UK. In March 2008 the McCanns won £550,000 in damages from Express Newspapers after what were described as "grotesque and grossly defamatory" allegations contained in more than 100 articles about their daughter's disappearance. The Express and Star newspapers ran front-page apologies to the McCanns for publishing the articles, some of which suggested the couple were involved in her death.

The McCanns' lawyer, Isabel Duarte, submitted a request for Gerry McCann to give evidence. The defence now has 10 days to say if they agree.

Gerry McCann ready to testify amid £1m libel case delay, 27 September 2013
Gerry McCann ready to testify amid £1m libel case delay BBC News

By Alison Roberts
BBC News, Lisbon
27 September 2013 Last updated at 16:49

Gerry McCann said he would do "what it takes" to help the search for his daughter Madeleine

Madeleine McCann's father says he remains ready to testify in a £1m libel case against a former Portuguese police chief after a hearing was cancelled.

Madeleine was three when she disappeared from her family's apartment in the Algarve in 2007.

Gerry McCann hopes to tell a Lisbon court that a book by Goncalo Amaral defamed him and his wife Kate.

A judge cancelled the latest hearing because one of the lawyers could not be present.

Mr McCann flew to Portugal with his sister Trish Cameron, who had been due to testify on Friday.

No decision has yet been made on whether Mr McCann will be heard.

Family medical procedure

Under recent legislation, plaintiffs in civil proceedings may now testify in their own case, but it is unclear whether the change applies to this action, which was lodged in 2009, before the new law took effect.

Mr Amaral's lawyer, Vítor Santos Oliveira, made a written submission to the court stating he could not be present because of a medical procedure involving a member of his family.

But the judge waited until the morning of the hearing to cancel it.

The McCanns, who are from Rothley, Leicestershire are suing Mr Amaral for claiming in his 2008 book that Madeleine was dead and her parents concealed what had happened to her.

Mr McCann had hoped to tell the court what the couple have long argued - that the book and accompanying film have made the public less inclined to help them find their daughter.

'I'll do what it takes'

He told journalists after the judge's decision: "Kate and I know better than anyone else what we've experienced and what we've gone through, and the facts of the file, and the damage that's been caused to the search for Madeleine. I'll do what it takes."

The McCanns' lawyer, Isabel Duarte, said it was important that he be heard.

She added: "I asked because I don't have two witnesses that I have appointed, so I have asked the court to substitute the two witnesses by Gerry, because nowadays he can give evidence."

Ms Cameron said she would travel to Portugal again to give evidence "if it's required".

She is now expected to be heard on 2 October.

The trial had already been subject to delays, and extra dates have been scheduled into late November.

As part of the same case, the McCanns are also also suing Mr Amaral's publisher, the producer of a documentary based on his book, and the broadcaster that screened it.

Lawyers for the defence are expected to argue that the book and film are not libellous under Portuguese law, and that they are based on the case files of the original criminal investigation.

Gerry McCann frustrated after libel trial is suddenly postponed, 27 September 2013
Gerry McCann frustrated after libel trial is suddenly postponed The Telegraph

The father of missing Madeleine McCann has expressed his determination to give evidence at the libel trial of the police officer in charge of the case, after the hearing was unexpectedly postponed.

Former police inspector Goncalo Amaral and (inset) Madeleine McCann's mother Kate

 

By Catarina Aleixo, Lisbon
6:34PM BST 27 Sep 2013


Gerry McCann, 45, travelled to Lisbon with his sister Trish Cameron, in the hope of appearing as a witness in the case of Goncalo Amaral, the shamed detective they are suing for £1 million.

But as he arrived at the courthouse in the Portuguese capital, Mr McCann was informed that the hearing had been adjourned because one of the lawyers' grown up children was unwell.

Mr McCann and his wife Kate launched a libel action against Mr Amaral over his book, The Truth of the Lie, in which he alleged they were involved in their daughter's disappearance in May 2007.

Portuguese law used to prevent the plaintiffs or claimants from giving evidence in such hearings, but a recent ruling overturned that ban.

Mr McCann said despite the sudden postponement of the hearing he was determined to return and give evidence in the case.

He said: "If I get the opportunity to be heard I will come back. The law has changed and Kate and I know better than anybody what we have gone through, the facts of the files and the damage that has been caused to the search for Madeleine."

The decision to suddenly postpone the hearing is the latest frustration for the McCann family, who believe Mr Amaral's book badly damaged the international search for their daughter.

Previously Mrs Cameron and Mrs McCann's mother, Susan Healy, had travelled to Portugal in the hope of giving evidence, only to be turned away when the Judge Maria Emilia Melo e Catro called off the trial citing "personal reasons".

Madeleine disappeared from an apartment in Praia da Luz shortly before her fourth birthday in May, 2007

The former police officer's lawyer, Vitor Santos de Oliveira, applied to halt the hearing on Thursday night, telling the court his son was in hospital.

He said: "My son is having an operation. I hope that because of this you won't be making a hullabaloo saying that Gonçalo Amaral is holding things up."

Isabel Duarte, the lawyer who is representing the McCann family said: "It's not surreal, it's Portugal."

"I saw the request to adjourn this morning. The facts are that we have organised the trial and the lawyer was actually here, so I was expecting the trial today. I asked the judge to at least hear my witness."

Mr Amaral's controversial book was published in July 2008 claiming that Madeleine had died in an accident and her parents had hidden her body before faking her abduction.

The couple are suing Mr Amaral, his publishers and associated documentary makers for £1 million.

The trial is scheduled to sit again next Tuesday.

Gerry McCann's anguish as court battle is delayed, 28 September 2013
Gerry McCann's anguish as court battle is delayed Daily Express

THE father of Madeleine McCann spoke of his disappointment yesterday after his family's libel battle against a Portuguese detective was further delayed.

By: John Chapman
Published: Sat, September 28, 2013

Gerry McCann with his sister Trish [JONATHAN BUCKMASTER]

 

Gerry McCann arrived in Lisbon in the hope of giving evidence against Goncalo Amaral. But, amid farcical scenes, the court hearing was cancelled after Amaral's defence lawyer announced he had to attend to an urgent family matter.

Consultant cardiologist Gerry only found out about the postponement as he arrived at the Palace of Justice after taking an early morning flight from the UK.

He tried his best to hide his frustration as he left the court building. "Obviously I'm disappointed," he 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.

"I'm looking forward to the next court date. If I get the opportunity to speak in court I will come back."

His lawyer Isabel Duarte said: "This is Portugal. What do you want me to say?" It later emerged that Amaral's lawyer Vitor Oliveira could not attend court because his grown-up son was having an operation in hospital.

Madeleine McCann has been missing since May 2007 [PA]

The evidence due to be heard yesterday has now been put back to next Wednesday. Gerry's sister Trish Cameron had previously been due to give evidence but that hearing was also delayed when the trial judge had to leave court early.

The McCanns, both 45, from Rothley, Leics, are suing Mr Amaral for £1million over false claims in his July 2008 book The Truth Of The Lie that they faked Madeleine's abduction in May 2007 to cover up her death in their Algarve holiday apartment.

Around 120,000 copies of the book were sold before it was withdrawn when the McCanns won an injunction.

Amaral, 56, denies defamation and insists everything he published in his book is in police files on Madeleine which have been made public.

The judge is due to finish hearing evidence in late November.

Gerry McCann libel case halted against Portuguese police chief over Maddy abduction, 28 September 2013
Gerry McCann libel case halted against Portuguese police chief over Maddy abduction Daily Star

MADELEINE McCANN'S dad was seething last night after his bid to confront a detective who accused him of a cover-up was halted.

By Jerry Lawton / Published 28th September 2013

Portuguese police chief Goncalo Amaral accused Gerry and Kate McCann of faking Madeleine's (above) disappearance

 

Heart doctor Gerry flew to Portugal to give evidence against Goncalo Amaral.

The McCanns are suing the Portuguese former police chief over his claim they faked the three-year-old's abduction to cover up her death in their holiday flat on the Algarve.

But Gerry's showdown was cancelled after Mr Amaral's lawyer Vitor Oliveira told the court in the capital Lisbon he had to leave immediately to deal with a family matter.

The lawyer's grown-up son is in hospital to have surgery.

Gerry McCann (with wife Kate) said he is disappointed that the libel case hearing has been postponed until next Wednesday [GETTY]

Gerry, 45, only found out as he arrived at the Palace of Justice after taking an early-morning flight from the UK.

As he left court the dad, from Rothley, Leics, said: "Obviously I'm disappointed.

"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."

Mr Oliveira told reporters: "I hope you are not going to make a big fuss about it and say it’s Goncalo Amaral's fault."’

The hearing will now take place next Wednesday. Gerry added: "I'm looking forward to the next court date. If I get the opportunity to speak in court I will come back."’

He and Kate, 45, are seeking £1million in damages from Mr Amaral, 56, over his book The Truth Of The Lie about Madeleine's disappearance in 2007.

 
Daily Star, paper edition: 'Maddie dad's anger as law trek ends in farce', 28 September 2013

Daily Star, paper edition: 'Maddie dad's anger as law trek ends in farce', 28 September 2013

[text of article same as that online]

Why was Gerry McCann in Portugal?, 30 September 2013
Why was Gerry McCann in Portugal? Joana Morais

Gerry McCann and Isabel Duarte leave the Palace of Justice

 

By Joana Morais
30 September 2013


«Dra Duarte said she made yesterday [26.9.2013] a request for the complainant G. McCann who is coming from the UK (she insisted twice on this) to be heard.»
- Anna Guedes report, McCann v Gonçalo Amaral Libel Trial in Lisbon - Day 5, 27 September 2013

«The McCanns' spokesman Clarence Mitchell said last night: "I can confirm Gerry McCann is hoping to give evidence."»
- Daily Star, Jerry Lawton, Madeleine's dad, Gerry McCann jets in to 'help find the truth', 27 September 2013

«The McCanns' lawyer, Isabel Duarte, said it was important that he be heard. She added: "I asked because I don't have two witnesses that I have appointed, so I have asked the court to substitute the two witnesses by Gerry, because nowadays he can give evidence."»
- BBC, Alison Roberts, Gerry McCann ready to testify amid £1m libel case delay, 27 September 2013

«The judge agreed to an adjournment because a member of one of the lawyers' families had a medical issue. Mr McCann was told the news as he arrived at the court in Lisbon after an early morning flight from the UK. He headed back to the airport. He said outside court: "Obviously we are disappointed. If I get another opportunity to be heard I will be back and will answer the questions I'm asked."»
- Sky News, Martin Brunt, Madeleine McCann: Gerry's Evidence Stalled, 27 September 2013

Civil Procedure Code (Effective Date: 01-09-2013*)
ANNEX - Civil Procedure Code
BOOK II - Of the process in general
TITLE V - Of the instruction of the process
CHAPTER VI - Testimonial evidence
SECTION II - Production of testimonial evidence

Article 510.º - Substitution of witnesses

1 - In the case of substitution of any of the witnesses, the statement is not allowed without five days having elapsed from the date the opposing party was notified, unless the opposing party waives that deadline; if it is not legally possible the adjournment of the examination, in order to respect that deadline, the substitution shall be of no effect, by requirement of the opposing party.

2 - It is not admissible the examination by letter of witnesses proposed in substitution of the ones originally submitted.
 
3 - The provisions of n.º 1 does not affect the possibility of the judge to order an examination, pursuant to article 526.º.

Article 526.º - Examination at the initiative of the court

1 - When, in the course of the action, there is reason to assume that a particular person, not submitted as a witness, has knowledge of important facts for the good decision of the cause, the judge shall order that it is notified to testify.

2 - The statement can only take place after five days have elapsed, if any of the parties requests the setting of a deadline for the examination.

Articles 510.º and 526.º of the Portuguese Civil Procedure Code, formerly known as articles 631.º and 645.º respectively in the previous CPC. No changes in both articles.

Effective Date: 01-09-2013 * Law nº 41/2013 of 26 of June 2013, published in Diário da República, 1st Series, nº 121, of 26 of June 2013 [PDF]

Gerry McCann could not have testified on the 27 of September according to article 510.º of the CPP, which clearly states that «In the case of substitution of any of the witnesses, the statement is not allowed without five days having elapsed from the date the opposing party was notified, unless the opposing party waives this deadline (...)». According to reports from inside the court said request was only made one day before Gerry McCann arrived in Lisbon. So unless we are to believe Mrs. Isabel Duarte failed to inform her client, which I very much doubt, there was no legal way foreseen in the current, or former for that matter, Civil Procedure Code for Gerry McCann to have testified on the 27. Was this trip just a mere publicity stunt? It seemed a poor one, even if it was echoed and slightly distorted, as usual, in the UK media. The question that remains is: Why was Gerry McCann in Portugal?

 

 

With thanks to Nigel at McCann Files

TO HELP KEEP THIS SITE ON LINE PLEASE CONSIDER

Site Policy Sitemap

Contact details

Website created by © Pamalam