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The
hearings that were taking place at the
1st Civil Court of Lisbon, at the
Palácio da Justiça, had been on hold
since October last year, so the parents
of the English girl who disappeared in
Praia da Luz, in the Algarve, in May
2007 could reach an out-of-court
settlement with Gonçalo Amaral and the
other three defendants.
Since no agreement was reached between
Gerry and Kate McCann and the four
defendant parties, the judge who
presides this court action - action
which has caused Gonçalo Amaral's assets
to be frozen as a precautionary measure,
decided to re-schedule the restart of
the sessions for yesterday.
The final allegations that were expected
to take place yesterday morning at the
1st civil court in Pálácio da Justiça,
were delayed following the delivery of a
document at the court registry in which
Gonçalo Amaral communicated to have
revoked his lawyer's, Dr. Santos de
Oliveira, mandate to represent him.
Gonçalo Amaral is alleged to have
delivered the document in person at
about 9am, however no journalist was
able to capture the moment when he went
or left the Pálacio da Justiça on film
or on photo. The McCann couple arrived
30 minutes later and stayed most of the
morning, sitting on a bench in the 3rd
floor corridor of the court building.
Gonçalo Amaral's lawyer, Dr. Santos de
Oliveira said before the session that he
didn't know the reasons that led is
client to rescind from his
representation, and inside the courtroom
he informed the judge that he had been
dispensed.
The several defendant and accusation
lawyers were then invited by judge
Emília Melo e Castro to make statements
on whether the trial session should
proceed, or be postponed to a later date
so Mr. Amaral could seek for the
services of a new lawyer. Demissionary
lawyer Santos de Oliveira and the other
defence lawyers representing the other
three parties targeted in the McCann's
lawsuit argued that Mr. Amaral, given
the process complexity, would need legal
representation whilst Dr. Isabel Duarte
argued that the trial should proceed
regardless. |
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Dr.
Santos de Oliveira [Gonçalo Amaral
demissionary lawyer] - He explains
that the notification sent to him by
Gonçalo Amaral implies that his
participation as a lawyer is inhibited:
he can't function as the authorised
representative of Gonçalo Amaral. He
considers that, given the nature of this
process, the instruction of a new lawyer
is required. Therefore he asks for the
suspension of the current session.
Dr. Fátima de Oliveira Esteves [Guerra e
Paz book publishers] - She reminds
the court of the contradictory principle
which is at the core of a civil trial.
If the instruction of a new lawyer is
required, it can happen only after the
notification. Therefore there has to be
a delay in order for GA to instruct a
new lawyer.
Dr Miguel Coroadinha [TVI, Portuguese TV
channel] - He has nothing to add
except to express his solidarity with Dr
Santos de Oliveira.
Dr. Henrique Costa Pinto [Valentim de
Carvalho Productions] - He observes
that now the dismissal of Santos de
Oliveira's mandate has taken effect, it
would not be right to go ahead with the
hearing, and is a compelling reason to
interrupting it.
Dr. Isabel Duarte [McCann couple] -
She observes that the Court was notified
of the dismissal only this morning, when
her clients had already left the UK
(...) and finally states she considers
that the hearing must not be suspended
but go on with Gonçalo Amaral being
asked to constitute a new
representative.
Judge Maria Emília de Melo e Castro -
(...)She considers more equitable to
allow the defendant an adjournment to
instruct a new lawyer, under the proviso
that if he fails, the process will go on
with the proceedings has previously
established. Gonçalo Amaral is therefore
given 10 days to nominate a new lawyer,
reason why the current session cannot
proceed. |
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Adapted from
Anne Guedes' report from inside the
courtroom |
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The
judge decided for the adjournment of the
proceedings foreseen for yesterday,
re-scheduling the closing arguments for
the 8th and 10th of July. On the 8th the
McCann couple's lawyer, Isabel Duarte as
well as the defence lawyers of the other
three parties will deliver their closing
arguments, while the 10th will be
dedicated to Gonçalo Amaral's future
lawyer closing arguments. The judge also
ruled that Gonçalo Amaral has 10 days to
hire a new lawyer.
After the session, outside Pálacio da
Justiça, lawyer Dr. Santos de Oliveira
answered the journalists questions [see
transcript bellow/to follow], expressing
a mix of surprise and disappointment,
and also rejecting that this had been a
concerted strategy between him and his
client to delay the trial.
Kate and Gerry McCann appeared
considerably later outside and gave a
awaited press statement accusing Mr.
Amaral of postponing the trial four
times, causing them distress since they
had "to make arrangements for our
children to be looked after, we have to
book flights, we have to book hotels, we
have to take time off work to come
here".
The couple failed to mention that they
had travelled on four previous
separate occasions to Portugal to
accompany their own witnesses when they
had not been called to testify and had
no compulsory reason to be present at
the Lisbon court at all.
In one of those times, the afternoon
session was postponed due
to a personal impediment of the judge,
the other was Santos de Oliveira's
request for an
adjournment due to a urgent family
matter.
On 7th of January Santos de Oliveira
filed a request for the court to
evaluate the McCann couple's legitimacy
to file a lawsuit in their daughter's
name since the child had been made a
Ward of Court in the United Kingdom.
Dr. Isabel Duarte, on the same session,
filed a document that is related to Mr.
Alan Pike, and asked for a postponement
of that days session.
The fourth postponement was due to the
McCanns themselves since they requested
time
to reach an out-of-court settlement
with the four defending parties and the
fifth, yesterday, and for the first time
directly due to Gonçalo Amaral's
rescission of his lawyer's mandate.
In this action, the McCann couple seeks
compensation of EUR1.2 million from the
former coordinator of the Criminal
Investigation Department of the
Judiciary Police of Portimão who
investigated Madeleine's disappearance
on May 3, 2007, alleging that the
rights, freedoms and guarantees of the
family have been violated.
In the book 'Maddie - The Truth of the
Lie', written by Gonçalo Amaral, the
former PJ inspector defends the
involvement of Kate and Gerry McCann in
the disappearance of their daughter and
in the concealment of her body. |
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Santos de Oliveira
statements to the press |
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Luís Maia [SIC reporter/LM] - Good
afternoon, this was a morning full of
surprises. First we learned that Gonçalo
Amaral had revoked his lawyer's mandate,
the lawyer that had defended him so far,
Dr. Víctor Santos de Oliveira who spoke
with us. Then all lawyers were in a
meeting for several hours with the
judge, to try to figure out what
solution to give to this situation. The
meeting lasted for quite a while, first
there was a short session that lasted
about 10 minutes, then followed another
that lasted well over one hour. It was
decided that today there wouldn't be any
further proceedings. After, upon leaving
the courtroom, Víctor Santos de Oliveira
expressed his surprise for the decision
of his client and said that this was not
a strategy planned by the two of them.
Let's watch the statements of Víctor
Santos de Oliveira.
Luis Garriapa, another reporter from
SIC TV channel [LG] - Was this a
concerted decision?
Víctor Santos de Oliveira [VSO] -
Absolutely not, it was not a concerted
decision. I am not aware of the reasons
that led to his decision but I presume
that it was a decision essentially
intimate from my client, basically a
private matter that I don't know about,
I don't have the slightest idea, however
it's a decision that parties have the
right to make at all times.
LG - Do you believe that it was a
strategy to delay the trial?
VSO - No, I don't believe in that
at all. That would be... A strategy like
that would be a very ill thought
strategy.
LG - Did you fall out with your
client?
VSO - It has nothing to do with
that, whatsoever, it's just a situation
where my client has decided like that,
on his own, it's his problem.
LG - Were you surprised by it?
VSO - Evidently. When a defence
was already done, when there is a work
done on this process, when we have
accomplished milestones in the process
namely the restitution of the book sales
- which was achieved by this defence
[meaning him], and also to successfully
prove that the McCanns at the moment
when they brought this action in their
daughter's name, they could not have
done it. Today that is more than
completely established, it's obvious
that his decision came as a surprise.
One of the important milestones of this
process, in my view, was - it wasn't
one, but two - it was effectively to
restitute the books so they could be
sold, supported in the ruling of the
Court of Appeals, that clearly
states that the McCanns exposed
themselves in the media by their own
free will, thus becoming subject to the
scrutiny of everyone. Thus it wouldn't
make sense to ban the books. And there,
the work of the defence was to put the
books back on sale and that was fully
achieved.
The second is related to a Ward of Court
which means that who ultimately has the
responsibility and the tutelage of the
child is the English High Court. This
fact was already known to the McCanns at
the moment when they filled this
lawsuit. It's a shame that this wasn't
done immediately at start by the
previous defence lawyer but now that is
established and proven, so much so that
there is an official decision which
gives the McCanns 30 days to get the
records of the English Court’s
authorization under penalty of absolving
the defendant Gonçalo Amaral on the
request made on behalf of the missing
child, the unfortunate Maddie McCann,
obviously. But that is done, it's
good...
LM - What is going to happen now?
VSO - ... When one leaves a
process, and leaves things to be done
that's not good ...
LM - [asks the same question
again] What is going to happen now?
Another [unknown] reporter Was it
a delaying strategy?
VSO - I don't believe that it was
a delaying strategy. I really don't. I'm
not even going to answer to a question
formulated in that way, I don't believe
it and I will not comment if it was a
delaying strategy, I simply don't
believe that.
LM - [asks the same question for
the third time] What is going to happen
now?
VSO - What's going to happen now
is that the defendant Gonçalo Amaral has
10 days - following a decision based on
equity and justice by the court - to
appoint a new mandatary [lawyer] to
represent him in the lawsuit, attach
that information to the process records.
Then, his declarations and the McCanns
closing statements will be heard.
Broadcast by SIC, 16th July 2014 |
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