Lisbon Court 21st January 2015
With thanks to:
http://themaddiecasefiles.com/post321103.html#p321103
The following is but part of what Kazlux has posted, there is more to come. From a quick glance it would seem that the McCanns have not been as successful as first news from Portugal suggested.
I would suggest that the 1.2m euros they were hoping for has slipped through their fingers. Any award will be based on those items the Court finds in their favour, and then only those items which an award may be allowed under Portuguese Law, then again, how much a Portuguese Court would award them, is quite another matter, if at all.
For sure Dr Amaral has not lost, and still a way to go before any final decisions, and much of what from the little we have gleaned from the news thus far, is that it did not go as McCanns would have wished, indicators are more in favour of Dr Amaral.
I do find it interesting from numbers 11 - 17 below, the Judge has pretty much ruled fairly I would say, she has certainly not believed the nonsense that Kate and Gerry McCann both stated in Court.
Like the rest of the world, she saw through their untruths!
And of course she could not declare anything other than that the book pissed the couple off! As whether innocent or guilty the book will have pissed them off! But she certainly did not allow for the book to be accepted as the CAUSE of their anxiety or whatever else they claimed it had. THEIR CONDITION PRE-EXISTED.
So McCanns have most certainly not got, thus far, what they were hoping for from this case.
Simply my thoughts on today's news!
To be noted also, those points below, claims made by the McCanns, which have been proven, claims they made of pain/suffering or whatever, they were not proven to be wholly attributed to Dr Amaral's book. The book was not the cause of the onset of their 'conditions'
And this will not please them. They were looking for much more from this Judge - for her to declare their claims proven on all counts, and that has far from happened.
I think Dr Amaral will be pretty pleased with today's proceedings.
Here are the points that I have seen so far.
11. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, the Polícia Judiciária stopped collecting information and investigating the disappearance of Madeleine MacCann?
****Not proved.
12. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate MacCann and Gerald MacCann are completely destroyed, from a moral, social, ethical, sentimental, family point of view, much beyond the pain that their daughter’s absence causes them?
****Not proved.
13. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate MacCann and Gerald MacCann suffer permanent anguish, insomnia, lack of appetite, anxiety and irritability, preoccupation and indefinable fear?
***Proved.
The judge adds that this psychological state is pre-existent to the book, the documentary and the interview and was NOT caused by the book.
Nonetheless, it cannot be reasonable to believe that the book, the documentary and the interview had no effect on the couple, i.e. It had an effect but that is perfectly normal.
14. Authors Kate MacCann and Gerald MacCann feel a deep shame and an indescribable ill-being because they are considered, by most people who know the theories of defendant Gonçalo Amaral, as having responsibility in the death of their daughter, being so cowardly that they have hidden her cadaver, simulating abduction, all of this to avoid criminal accusations?
***Proved that the couple felt badly about being considered responsible over the hiding of their daughter's body and simulating her abduction by those who believe in Mr Amaral's thesis.
The judge states that it is not possible to determine what most people who have read or seen Mr Amaral's thesis actually think.
She adds that the plaintiffs failed to prove shame, even with Kate stating it was not shame that she felt.
The judge once more believes it is expectable that the plaintiffs would feel badly about being considered to be responsible for hiding the body and staging an abduction - NOT the judge stresses, about being responsible for their daughter's death, as is commonly, AND MISTAKENLY believed.
15. Authors Kate MacCann and Gerald MacCann live under enormous daily pressure due to the need to keep their younger children away from the knowledge of defendant Gonçalo Amaral’s opinions about their moral integrity?
***Proved that the couple feels the need to keep their younger children from finding out about said thesis.
This fact also derives from common experience and was corroborated by David Trickey's testimony.
16. Namely because of defendant Gonçalo Amaral’s statements in the book, in the documentary and in the interview to Correio da Manhã, author Kate MacCann is immerged in a deep and serious depression, which has already made her state publicly “I wish I was in a coma, to relieve the pain”?
***Not proved.
17. Sean and Amelie MacCann will soon become aware of the conclusions that are mentioned in J), because they will go to school?
****It is proved*** that Sean and Amelie started school in August of 2010 and have NOT learned about Mr Amaral's thesis yet.
To be continued by Kazlux - Maddiecasefiles.
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Number 17 is interesting, as did not Kate McCann state in Court that Sean had told the story of hearing Dr Amaral on radio saying that his parents were responsible for Madeleine's death, and the daft Lorraine Kelly then repeated this in her newspaper column!
Clearly the Court did not believe Kate McCann!
Number 15 Absolutely Kate and Gerry McCann wish to keep their twin children from learning of the thesis of the book. But their reasons for wanting them not to know of it...more than one reason for that, whether McCanns are innocent or guilty of concealing their daughter's death, either way, they would not want their younger kids to hear of any possible involvement for sure.
Will have to read through the above again though to be clear.
l-azzeri-lies-in-the-sun.com
21st January 2015
