The trial of the PJ inspectors comes to court.
Leonor Cipriano's lawyer continues to focus attention
on Goncalo Amaral, as it is revealed that he wanted to close a secret deal with the other PJ inspectors to betray him.
The ACED and Marcos Aragao Correia's reports, on Leonor Cipriano,
which were sent to the highest Portuguese authorities, 08 April 2008
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The ACED and Marcos Aragao Correia's reports, on Leonor Cipriano, which were sent to
the highest Portuguese authorities SOS PRISÕES (pdf)
08 April 2008
To: Ex.mos.
Ladies President of the Republic; President of the Assembly of the Republic; Chairman of the Committee for
Constitutional Affairs, Rights, freedoms and guarantees of AR; Attorney-General of the Republic Minister of Justice;
Ombudsman; Inspector-General of Bureau of Justice; President's Commission on Human Rights of the Bar
Lisbon, 8-04-2008 N. Ref No 16/apd/08
Subject: Report on police torture of Leonor Cipriano
As a lawyer of the ACED, Dr. Marcos Aragao Correia asked for the Policia Judiciaria to be prosecuted in connection
with the allegations of the torture of Leonor Cipriano.
It was concluded, as it is in the public domain, that
the existence of several signs and lines of evidence and the number of witnesses to the brutality and irrationality of the
police's methods of investigation meant that this complaint should be admitted and go forward.
We remember
the defence of the accused person at her trial, Leonor Cipriano, who said she had been threatened and tortured by members
of the police.
Some of the key players involved in this case have been mobilised to work in cases of high national
and political delicacy, and have been speaking out without any sort of restraint.
In addition to what our lawyer,
Dr Marcos Aragao Correia, said, it also could be a possibility in Portugal that certain public health institutions
are able to cover up, or not report, practices of torture against patients by themselves. It may be that there are members
of our state security system who are organising themselves to cover up the routine practice of torture to extract confessions.
This may be happening in other prisons, but there have been no complaints in similar situations in other prisons.
The ACED is not, it is good to see, meaning itself to confirm or disprove what is inferred to be the situation
in Portugal regarding the current practice of police torture. But the Portuguese state is signatory to international conventions
that we are sure it will want to abide by.
So this report must be sent to the highest Portuguese authorities,
hoping that the name of Portugal can no longer be linked to such shameful conduct by the police.
The
Directorate REPORT ON TORTURE IN LEONOR CIPRIANO CASE PERPETRATED BY THE PORTUGUESE
JUDICIAL POLICEEntity investigator: ACED - Association Against Exclusion for Development; Researcher/Reporter:
Marcos Aragao Correia, Lawyer; Date: 08 April 2008 INTRODUCTION Following the public
allegations by Leonor Cipriano that she was tortured by the Policia Judiciara back in September 2004, she is now currently
in prison while serving a sentence of 16 years and 8 months in the Prison of Odemira. The ACED (Association Against
Exclusion for Development) decided to investigate in more detail the claims of Leonor Cipriano and others, especially when
the situation had become urgent, to clarify the extent to which the Policia Judiciara routinely engage in torture. It seems that these medieval methods of criminal investigation apply both in the most recent case of the girl Madeleine
Beth McCann, and in the case of Leonor Cipriano.The social position of these two sets of parents could not be more opposite. Thus, after obtaining the kind and generous permission of the representative of Leonor Cipriano, the Portuguese
Dr. John Grade dos Santos, I visited Leonor Cipriano in Odemira Prison, in Alentejo, arriving shortly after 9 o'clock
in the morning today (April 8, 2008). No. 1 Leonor Cipriano was summoned, and agreed to talk with
me in the room reserved for lawyers at the prison for the purpose. Leonor Cipriano maintained, with sincere conviction,
that she had no involvement whatsoever in the death of her daughter Joana, who had gone missing on 12 September 2004, last
being seen around 8.00pm. Residents in the village of Figueira in Mexilhoeira Grande, near Portimao, remember
seeing Joana walking towards a grocery store named 'Pastry Celia', around a quarter of a mile away from Leonor
Cipriano's home. The grocery store is owned by Mrs. Alfelia. She went there to buy some food, as she often did.
After about 10 minutes, when Joana did not return, Leonor Cipriano said she went to the grocery store to find
her. The owner said she had been there, but left soon after making a few purchases that had been requested by her mother.
Leonor still tried to look for her daughter nearby, but in vain. As a result, the grocery owner Ms. Alfelia
telephoned the GNR to ask for help. Immediately the National Republican Guard arived at the grocery store and the mother’s
residence by 9.00pm that very evening. Joana Cipriano was then 8 years old, born on May 31, 1996, and attending
her 2nd year of schooling. No. 2 Leonor Cipriano says she has 6 children, including Joana. The oldest
is Dina Maria, now 18 years. Next is Mark Anthony, 12 years, Joana would now be 11, Andre Filipe is now 8, Ruben 6,
and Lara Sofia who is 4. Despite all the public defamation of Leonor Cipriano, the older children by and large
support their mother. They are the offspring of different relationships. Leonor's former partner, David Anthony
Leandro Silva, has now separated from her due to all the stresses of the situation. He is the father of her two youngest children.
He says he always treated Joana as his own daughter, with five of them living in the same house. Leandro Silva has always
claimed that Leonor Cipriano was utterly incapable of hurting any of her six children. No. 3 It was
on September 25, 2004 that Leonor Cipriano was received at the Prison of Odemira and detained there. There she was immediately
taken for interrogation by several detective inspectors of the Policia Judiciara to the premises of the Faro police. This
is the place where Leonor Cipriano suffered hell. Her tears just ran and ran; I saw copious tears in my presence. I practise mainly in criminal law. I think I can say with great conviction that her tears were genuine. Leonor cried when
she recalled what those Policia Judiciara did to her during her interrogation. They accused her of directly causing her death
and then cutting up her body and feeding it to the pigs. Leonor refused to admit to such accusations. These police
officers had no evidence. They had no evidence of the material used for the alleged cutting of Joana's body. They had
no evidence of bones left by the pigs. The inspectors themselves were pigs, about five of them, screaming and trying to get
her to confess what they wanted her to confess. Leonor refused to confess. So the torture began. First the inspectors put
two glass ashtrays on the floor and forced Leonor to kneel on them. They did not allow her to get up from her
knees throughout this torture. Leonor has described to me how she was in pain for hours during this procedure. She had scars
on her knees. Almost 4 years later, these scars are still visible, and will probably remain with her for the rest of her life.
There are white lines on both her knees that show that she has fallen victim to such abuse, or at least something very similar.
When they realised that this procedure of forcing her to kneel on ashtrays was getting them nowhere, the detective
inspectors, sitting on their chairs, then put Leonor's head in a green, plastic supermarket bag. As they screamed, trying
to force a false confession from her, the inspectors began to attack Leonor on the head with a hard cardboard tube, normally
used for sending documents by mail. This very hard pipe, used with extreme force on Leonor's head, caused bleeding
to her eyes. On occasions when Leonor tried to get the bag off her head, she was immediately assaulted further on her hands.
She pleaded with them not to kill her. These serious assaults were interwoven with other forms of torture. Sometimes
Eleanor was able to stand once in a while, sometimes holding the bag, sometimes not holding the bag. On the occasions she
was standing, the inspectors punched her violently with strong punches, especially on her sides. This procedure
was repeated many times. The torture lasted 2 days. Leonor says she was afraid of dying there. So after 2 days of continuous
torture, she signed the confession that was put in front of her, without even reading it, because otherwise she feared she
might die. No. 4 In possession of Leonor's false confession, the inspectors then returned her to
the prison. But on admission, it was noted that her state of health was so serious that the prison authorities decided to
move her to the Medical Centre in Odemira Prison. In fact, Faro Hospital had the most comprehensive health care, with input
from Californian health care experts, but she was still sent to Odemira Prison by the detectives. Leonor Cipriano had been
warned before going back to Odemira Prison to tell the doctor and the prison authorities that she had thrown herself down
the stairs of the offices of the Faro Police Station in order to try to commit suicide. She had been threatened
that if she revealed any details of the 2-day assault on her, they would bring her back for a further assault. She had been
told by the Faro detectives that if she had to return to Faro Police Station they would beat her until she was no longer alive. Leonor confirmed to the prison authorities, in the presence of them, exactly what they had been told by the insepctors
to say. But scarcely had they left the prison, than Leonor decided to tell the whole truth to the guards and to
the Director of Odemira Prison. She - the Prison Governor - was alarmed by the precarious state of health and the pain of
Leonor Cipriano. She therefore arranged for her to be photographed and sent back to the Odemira Prison Medical Centre, this
time to be seen by a top Consultant Doctor. No. 5 I talked for almost 2 hours to Leonor Cipriano.
I had been careful to also arrange for a meeting immediately afterwards with the Director of Odemira Prison, in order to confirm
this information. I promptly received this confirmation. I talked with the Director of Odemira Prison for about one hour.
Her name is Ana Maria Calado. She has a degree in Sociology and also attended a course of Medicine. She has been
the Director of Odemira Prison for 7 years. She confirmed to me the courage with which Leonor Cipriano had reported her torture. She is clearly a person who puts great emphasis on the value of corporate interests. Dr. Ana Maria told me she was
shocked by the state in which Leonor Cipriano entered the prison. She told me that the black marks, contusions
and bruises were visible abundantly in the face, especially around the eyes, on the head and on her back, mainly to the sides.
These findings were confirmed by medical experts in the prison. The physical marks on her, the doctors concluded,
clearly indicated violent attacks, and not a by a simple falling down the stairs. These physical marks were numerous and quite
pronounced. During our meeting, Dr Ana Maria surprised me with several new facts. She told me that the Portuguese
Judiciara had not even bothered to convey her to a hospital in Faro. Another strange fact was that the Portuguese
police had chosen Tuesday as the day to question her, coinciding with its week of vacation. If I were the head
of the police, I would never have allowed the behaviour of the Policia Judiciara. They got Leonor Cipriano at 6 o'clock
in the morning, and then returned for her in the middle of the night. There was no formal request for this form of interrogation
from the Director of the Policia Judiciara. It was even stranger that, when enquiries began with an internal investigation
into the interrogation and torture of Leonor Cipriano by the PJ, a team of two inspectors from Lisbon held a private meeting
with her in prison. Their mission was to try to negotiate a sharing of blame between the PJ and the Odemira Prison in relation
to the attacks on, and torture of, Leonor. As a person of integrity, Dr. Ana Calado obviously refused to come
to any compromise regarding something for which the establishment for which she was responsible at the time - Odemira prison
- had no responsibility for whatsoever. The Chief Prison Medical Officer said that Leonor Cipriano's health
had got even worse a week after she had been tortured. The blood had accumulated around the eyebrows and became highly inflamed
and swollen, making her nearly blind for nearly a month. My only regret today, said Dr Ana Calado, was that at
the time I did not order more photographs to be taken to illustrate Leonor's poor state of health on admission and immediately
afterwards. Dr Ana Maria's statement added: "I must say that in terms of her attitude and behaviour, Leonor Cipriano
is one of the best prisoners that I have had for many years. She has not tried to commit suicide although she had many opportunities
to do so after the fateful interrogation. Leonor has always had an excellent relationship with all the prison guards and the
other prisoners, which has gone from strength to strength." With a touch of humor, Dr Ana Calado added that:
"If your car had exploded this morning, I already know who would have been responsible!". Our meeting
ended and it confirmed for me all the details of the excellent statement that Dr Ana Calado had already made in this case. No 6 John Cipriano, aged 38 years, the brother of Leonor and older by one year, says that he was tortured
separately, according to the same report, but the prison to which her brother was sent should now carry out the same steps
to gather evidence of assault as did the authorities at Odemira prison. John Cipriano wrote to Leonor, after
the two of them had been sentenced. He begged her to forgive him for all the lies he had told in court, which he had been
forced to come up with because of the torture of him. He asked his sister to forgive him for all these lies. No.
7 Leonor Cipriano tried to identify, at the request of prosecutors, the four or five detective inspectors that
had tortured her. Accordingly, she was transported to
Evora in 2006 to try to recognise some of the torturers. She
was invited to see if she could identify up to six inspectors. Unfortunately, given the lapse of time, and the
fact that she had often had a bag over her head when attacked, she was unable to be certain of recognising any of the aggressors.
The only thing that Leonor was able to say with absolute certainty was that Goncalo Amaral, then coordinator
of the CID of Portimao, was present throughout the interrogation, watching complacently while all the torture took
place. Every time she was able to open her eyes and every time she was beaten, Amaral was there, walking from one side to
another without ever trying to prevent any of the torture carried out by his subordinates. CONCLUSION Given the high degree of credibility of the testimony of Leonor Cipriano, which is now not only supported by her brother
John Cipriano, but also by Anthony David Leandro Silva, her partner and father of her two youngest children, and above all
by the absolutely credible testimony of the Director of Odemira Prison, Dr. Ana Maria Calado, and in fact supported by medical
expertise, I believe this is a case where there is clear prima facie evidence of a crime of torture perpetrated by officials
of the Portuguese Judicial Police on Leonor Cipriano. It is completely unacceptable that officials of the Policia
Judiciara continue to use medieval methods to obtain confessions at all costs, even if they are false. Remember that during
the Spanish Inquisition 600 years ago, you would have been tortured to death if you refused to admit that you were guilty
of witchcraft. This behaviour from one of the key organs of the state - from police officers of the national Judiciary
Police - is highly detrimental to the image of Portugal, which is now completely under the rule of law, is now an active a
member of the European Union, and a defender of human rights under the European Convention on Human Rights. Such
medieval conduct should be thoroughly dealt with in case it deals a further blow to the trust of Portuguese and foreign citizens
in the Portuguese legal system. In fact an authority such as the Policia Judiciara, given that it is responsible
for ensuring that people comply with the law, has a much increased duty, compared with the ordinary citizen, to set an example
of complying with the law. The crime of these inspectors has special moral and legal considerations. We need to
re-establish and maintain the parameters of the rule of law that constitutionally enshrine democratic Portugal. Unless this
Cipriano case is dealt with properly, there is a risk that our country could once again be ranked, nationally and internationally,
as a fascist country, as has already been insinuated in some foreign newspapers. We can not fail to highlight
the parallels between the cases of the disappearance of Joana Cipriano and that of Madeleine McCann. Both disappeared a few
miles away from each other, and both cases were investigated by the same Department of Criminal Investigation of Portimao's
Judicial Police. In the first case, no valid evidence was collected against Leonor Cipriano. In the second case,
there has been a succession of unpunished leakages of information arising from the PJ's investigation. There have been
repeated stories leaked to the national press where it refers to 'a PJ source' or 'a source close to the investigation',
and so forth. In the second case, that of Madeleine, there is, despite the scattergun release of so-called 'information',
absolutely no evidence against Kate and Gerry McCann. This was implicitly admitted by the Director of the PJ himself, Alipio
Ribero, when he declared that making the McCanns 'arguidos' was 'hasty'. By contrast, the suspects,
Kate and Gerry McCann, are prohibited from discussing the case to the press, preventing them from exercising their legitimate
right to defend themselves against slander promoted all the time by so-called 'sources close to the investigation'. Read for example the appalling article written by the Fondation Princesse de Croÿ, with the very direct title:
"Madeleine McCann possibly eaten by Portuguese pigs" – (see http://fondationprincessedecroy.over-blog.org/article-12736754.html) This article reveals how in Canada the international image of the Portuguese judicial authorities and
of Portugal itself is being tarnished. It is therefore necessary that the Portuguese state eliminates once and
for all the persistent attacks on human rights that are still raging with impunity, especially in the Portguese police and
amongst those who claim to be agents of law and defenders of those rights at a national level. This should lead
not only to the punishment of the offenders, because that only indirectly prevents further abuse by the state authorities,
but also to our taking direct preventive action. We need to make a strong and pro-active effort to eliminate any
development within all the organs of the police authorities that are not the result of a genuine training in all the technical,
disciplinary, legal and moral components of modern policing, both in theory and practice. I therefore submit to
this court this new complaint about the case to all the relevant national authorities. I am also submitting this complaint
to the human rights organisations Human Rights Watch and Amnesty International. I conclude my report today by disseminating
this vehement and emotional message of Leonor Cipriano, which was personally written and signed by herself just today: "I want my daughter Joana found, not only so that I can be with her once again, but also to show the world that
it is you - Goncalo Amaral and the inspectors of the Policia Judiciaria - who tortured me and who are the real monsters
in this case". 8-4-2008. Leonor Cipriano. No. 34. It is better for there to be some guilty people in freedom,
than for there to be one innocent in prison. Portimao, 08 April 2008 The Reporter, Marcos Aragao Correia, Attorney (Professional lawyer identity document No.427M), and ACED lawyer (Association
Against Exclusion for Development). PDF Download:
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The Trial of the PJ Inspectors: The head of the Lawyer's Bar Marinho Pinto cannot use the Lawyer's
Order for his personal wars, 29 October 2008
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Rogerio Alves, McCanns legal representative and Marinho Pinto, head of the Lawyer's Bar |
The Trial of the PJ Inspectors: The head of the Lawyer's Bar Marinho Pinto cannot use the Lawyer's Order for
his personal wars Dr. Jose Maria Martins
By Lawyer Jose Maria Martins
29 October 2008
Thanks to Joana Morais for translation
The Lawyer's Order has made the
wrong decision in becoming assistant in the Process of Leonor Cipriano.
Those who have a minimum of experience regarding
the actions of the Judicial Police do not believe that the inspectors would ever attack Leonor Cipriano causing her the
bruises shown in the photographs.
This process seems to be deliberately staged to attack the Portuguese Police, to
attack Portuguese Justice.
If the Inspectors were to be convicted, Portugal would be denigrated at all levels.
Greater
evilness is only that done by US troops in Iraq and in Guantanamo.
Greater evilness is only that practised by
Napoleon's troops, who in Portugal, killed, raped, stole, going to the point of, in just one afternoon, killing more than
2 thousand people in the City of
Evora alone!
The Lawyer's Order should maintain the impartiality necessary in order
to avoid jeopardising the Portuguese lawyers, in this venture to provide a lawyer to help the defence of Leonor Cipriano.
Nevertheless,
I would accept that the Lawyer's Order collaborated in the investigation regarding the destiny of the small child, Joana,
who disappeared and is dead.
The head of the bar does not have my support in this matter. Quite the opposite, it is
my belief that Dr. Marinho Pinto has done a disservice to Law - another one, another service - using the Lawyer's Order.
I
am sure, since a long time, that the PJ inspectors will be absolved and that the Order will emerge weakened.
The Masonry
and the United Kingdom would definitely enjoy the conviction of the Inspectors.
What a present for Gordon Brown!
There the
news would run throughout the world that the investigators of the Portuguese PJ, those who "upset" Maddie's parents, weren't
cops after all but TORTURERS!!!
Not even in Burundi would this be acceptable!
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Cipriano Case: Amaral suing Leonor's lawyer, 29 October 2008
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Marcos Aragao Pinto responds with judicial action
29 October 2008 - 15h30
Thanks to Joana Morais for translation
Goncalo Amaral's lawyer is going to move ahead with a counter suit against the defense for Leonor Cipriano for having
confirmed that Joana's stepfather, Leandro Silva, knew a week beforehand that the ex-inspector of PJ was going to be fired.
In
the second day of court in Faro, António Cabrita claimed he wanted to understand if Leandro Silva had access to this information,
allegedly put forth by the British Police.
In response, Leonor Cipriano's lawyer, Marcos Aragao Pinto, announced that
he was going to sue Goncalo Amaral for false declarations, because he affirmed in the first hearings that he didn't know of
any other process against him. According to the lawyer, the ex-inspector for PJ "is lying" because Leandro Silva had served
a process against him for statements made to the press.
Wednesday's session was marked by the presentation of various
requests by the attorneys which filled the entire morning and delayed the hearing.
NEW
WITNESSES REFUSED
The court decided to deny a request from Marcos Aragao Pinto to call 12 new witnesses,
including the ex-national PJ director, Alípio Ribeiro, a specialist from Legal Medicine, Jose Pinto da Costa and the criminologist
Jose Barra da Costa.
The collective judges eventually accepted just one witness, Ana Maria Calado, Prison Director in Odemira where Leonor
Cipriano is jailed, but this was at the request of the attorney in defense of four of the five inspectors.
António
Pragal Colaco also asked that the photographs wherein are displayed the alleged marks from the aggressions suffered by Leonor
Cipriano would be sealed and subject to skilled computer inspection, but the court denied that request.
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Joana Case: Crime of rape ignored to save money, 29 October 2008
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29 October 2009
Joana Cipriano was eight years old when she was last seen, on the 12th of September 2004, around 20h30. The little
girl went on an errand on her mother's behalf to a nearby coffee shop in the Algarve village of Figueira, and never returned.
Joana's stepfather refused to participate in an analysis of the sperm found on the little girl's knickers
to prove whether or not there was a crime of rape. The PJ gave up undertaking the examination in the US to save
10 thousand Euros.
After Joana Cipriano's stepfather, Leandro Silva, refused to give a sample of his semen for the analysis, the National
Institute of Forensic Medicine suggested to the Polícia Judiciária (PJ) the making of a DNA test in the US.
However, the 'indication was not followed' by the Judiciary due to the amounts involved,
10 thousand Euros, as advanced by Correio da Manha today. The PJ explained to the newspaper that the archival was made 'because even if it is proved that the sperm belongs to the suspect he can still allege that he cleaned his
penis on the child's knickers'.
We recall that the police found in Leonor Cipriano's daughter's knickers, semen. Only an analysis would shed light regarding
the crime of rape of the Figueira's child.
Joana's mother was convicted to 16 years in jail for the crime of homicide of her daughter, jointly done with her
brother, uncle of the little girl who disappeared in September 2004 from the village of Figueira, in Portimao.
This week follows in court the trial of five elements of the Polícia Judiciária accused of acts of torture to Leonor
Cipriano, in October 2004, which happened during the interrogations of Joana's mother with the objective of getting a
confession.
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Integrity of G. Amaral questioned in police brutality case, 30 October 2008
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Updated: 30 0ctober 2008
They believe it to be
an integral part of the trial to demonstrate the character of the former lead detective in the subsequent case of the disappearance
of Madeleine McCann.
Leonor Cipriano is accusing police of torture and beatings
during interrogations into the case surrounding her daughter Joana.
She was later sentenced to 16 years imprisonment for
the murder of her daughter, although no body has ever been found in the case.
Five members of the police have been accused by Leonor
Cipriano, including Goncalo Amaral.
The former head of the PJ, Alípio Ribeiro, is also
to be questioned by Cipriano's lawyers surrounding the resignation of Goncalo Amaral.
This is set to include questioning surrounding claims
of Goncalo Amaral allegedly attacking his wife in 2007 while under the influence of alcohol.
Comments made about Goncalo Amaral have been described
as "unreasonable" by his lawyer.
António Cabrita told Portuguese news agency Lusa: "These
accusations do not produce anything relevant to the trial. This debate should take place with dignity and these types of statement
do nothing to ensure that."
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'O Crime' front cover, 30 October 2008
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'O Crime' front cover, 30 October 2008
Leonor's lawyer denounces:
"The English police discovered Goncalo Amaral's
rotten secrets"
"I'm going to reveal them in court!"
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Leonor's lawyer received money from the McCanns, 30 October 2008
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Leonor's lawyer received money from the McCanns 24horas
Aragao Correia confirms that he was supported with money from Maddie's parents
by Luís Maneta
30 October 2008
Thanks to 'Joana Morais' for translation
The lawyer says that he defends Joana's
mother for free and that the McCanns paid him to "investigate" Goncalo Amaral
"Was Dr Goncalo Amaral in charge"; "Was Dr Goncalo Amaral present?"; "Did Dr Goncalo Amaral hit
you?". Goncalo Amaral, Goncalo Amaral, Goncalo Amaral – this seems to be the obsession of Leonor Cipriano's defence
lawyer during the trial that opposes Joana's mother to five Judiciária inspectors.
Three policemen stand accused of torture: Pereira
Cristóvao, Leonel Marques and Paulo Marques Bom. But Leonor's lawyer, Marcos Aragao Correia, has pointed his guns at Goncalo
Amaral, who in this process stands accused of false testimony and omission of denunciation.
"This doesn't look like a trial in the Joana
case but rather one in the Maddie case", says a source that is connected to the defence of the former coordinator of the PJ
in Portimao, who headed the investigations into the disappearance of both children and became a sort of "public enemy #1"
for the McCann couple.
"A possible condemnation of Goncalo Amaral in
this process may make it easier for the English to prosecute the Portuguese state", the source says.
They have paid the expenses
When confronted by 24horas with the
suspicions about his connection to the Maddie case, Marcos Aragao confirmed that he was already paid by persons that are connected
to the McCanns. "They haven't paid me honoraries but rather expenses due to transportation, lodging and food, in order to
interview Joao Cipriano in prison", the lawyer explained, adding that the purpose of the conversation was to "analyse" the
procedures of Amaral as a PJ investigator.
Following the investigation – which originated
a report from the Association Against Exclusion through Development (ACED) – Aragao Correia says that he accepted the
representation of Leonor Cipriano without charging one cent.
"I accepted this case for humanitarian reasons
only. I am not receiving any honoraries", the lawyer asserted, referring that the "attacks" against Goncalo Amaral are linked
to Leonor Cipriano's strategy in this case: "It's not an obsession. I can't insist on the other arguidos because she has not
identified them".
Yesterday's session at the Court in Faro was
marked by a new contradiction from the plaintiff. On Monday, Leonor Cipriano had guaranteed that Goncalo Amaral did not watch
the questioning during which she allegedly suffered abuse in order to make her confess to her daughter's death. Yesterday,
Joana's mother corrected her version: "Goncalo Amaral beat me". When questioned by the judge, she said she had recovered her
memory after watching a report on television.
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Joana Case: Aragao denies he is being paid just to frame Goncalo
Amaral, 31 October 2008
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Marcos Aragao Correia |
Joana Case - Aragao denies he is being paid just
to frame Goncalo Amaral
Rui Pando Gomes
31 October 2008 - 00h30
Thanks to Joana Morais for translation
The private detectives agency hired by the McCann couple asked Marcos Aragao Correia "to enter in the Joana Case". It
is the lawyer, himself, who admits that Metodo3 ordered him to do "an investigation" into the outlines of the accusation
of torture to Joana's mother, by the PJ - and the target, between the 5 inspectors, was evident: Goncalo Amaral. Anyway, the
lawyer now guarantees that no one is paying him.
The private detective agency, contacted yesterday by CM, denied any connection whatsoever to the lawyer. The payment
was also denied, even though Aragao Correia has already admitted that he received money to pay the "expenses" when he made
searches to find Maddie's corpse in the dam of Bravura, in Lagos.
The lawyer from Madeira, told he had a supernatural indication to the whereabouts of the body of the British child and
that he had gone to the Algarve at his own expense. He entered into contact with the McCann detectives, who made him a request:
"They have asked me to try to get involved in the Joana Case to obtain statements from Leonor and her brother and to try to
understand if there was torture, nothing else", he guarantees.
This at a time where suspicions have been raised that by defending Leonor, he is being paid by someone who is interested
that Goncalo Amaral is convicted, precisely because he was the Coordinator of the investigation to the Maddie Case, which
pointed towards the involvement of the parents in the crime. "I don't get paid in pounds or in euros. I am here for principles,
and my objective is to set free Leonor."
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Duarte Levy and Paulo Sargento on the Cipriano/McCann cases, 31 October 2008
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Duarte Levy and Paulo Sargento on the Cipriano/McCann cases TVI
Broadcast on TVI on 31.10.2008
Thanks to 'Debk' for transcription/translation, with minor edits by 'astro'
Thanks to Joana Morais for video
Júlia Pinheiro afternoon Talk Show, with guests Journalist Duarte Levy and Forensic Psychologist Paulo Sargento
TRANSCRIPT
Júlia Pinheiro (J), Duarte Levy (DL), Paulo Sargento (PS)
Júlia
Pinheiro: And now, something that is confusing us all. Happening in the courthouse in Faro, the trial of a group of inspectors
and ex-inspectors of the Polícia Judiciária accused of torturing Leonor Cipriano, who was condemned for murdering her daughter,
Joana, as we all remember.
What should have lasted two days has become a marathon. All because of an accusation against
Goncalo Amaral, the number one enemy of the McCanns, who was, step-by-step, coordinating the [Maddie] case. It’s a story
that deserves our attention and reflection and, perhaps, shows a connection between the two processes.
Because of
this, we've invited two specialists, known to all of us here at "Afternoons with Júlia", the journalist, Duarte Levy, and
the criminal-psychologist, Paulo Sargento. Applause for them, please.
OK, let's try to understand: What does one case
have to do with the other? The Joana Case, in which her mother, Leonor Cipriano, was condemned, happened before the Maddie
Case.
Duarte Levy: Obviously.
J: Obviously. So what do they have to do with each other?
DL:
The connection is Goncalo Amaral. He continues to be, even though he has now left the PJ, a person who "inconveniences" many
people. Not just the McCanns, but he also inconveniences many people in Portugal. And in this process, which appears to be
connected to [police] brutality, he is the one who is – please excuse the expression - the man to take down. He is the
visible target.
J: Let's review some facts so that everyone remembers. What's happening in Faro is a process
against inspectors and ex-inspectors who interrogated Leonor Cipriano, back when she eventually confessed, right?
DL:
She confessed before this interrogation in which she was allegedly beaten. In this current trial, there are three inspectors
accused of torture, or aggression, a fourth who is accused of falsifying documents, and Goncalo Amaral, accused because he
was the coordinating inspector, responsible…
J: He is the one that had the ultimate responsibility, right?
But, Duarte, how do you read all these facts and all this . . .
DL: To summarise quickly and with a good Portuguese
expression, it's a joke.
J: It’s a joke. Do you agree, Paulo?
Paulo Sargento: I completely
agree. The recent history of this Joana Case is very strange. The connections that are made, and the way it appears…
there are two connections that I'd like to highlight in terms of the defence for the Joana Case. Two things are strange: first,
Dr Marcos Aragao who appears on the scene, we’re not sure how…
J: OK, let's talk about Marcos Aragao.
Who is he?
PS: Marco Aragao is a lawyer…
J: We spoke to him by phone, right, when he was
looking for Maddie's body in the lake.
DL: Near the dam, correct.
PS: He is probably best known
for the time when, based on information he received from a psychic or that he received from "out there"… and which is
now showing up again in the British newspapers, something which happens there as, every once in a while, the [British press]
re-visits stories… but he received this information and with the support of Mr. Clarence Mitchell, he was looking for
the girl's body in the lake of the Arade dam. Which was very interesting because the theory was abduction and not homicide.
However, if he was looking for a body, someone left the body there and someone killed the girl.
And now, he's connected
to this case…
J: But how did he end up connected to this [Leonor Cipriano] case?
PS: Because
he volunteered to represent her.
J: Sorry, help me here. The original attorney for Leonor Cipriano wasn’t
Marco Aragao, correct?
DL: No, no. That was Joao Grade. Who, for some unknown reason, was removed from the case
and this Marcos Aragao – who is from Madeira and has several very curious stories behind him – he appears first
in the Madeleine McCann story and then, via an organization in defence of human rights, on the Leonor Cipriano case. But I,
after having heard everything happening in the Faro court, don't believe he is there to defend the interests of Leonor Cipriano,
much less the Public Ministry which is driving this process… something we should not forget… He is there, specifically,
to go after Goncalo Amaral. Because Goncalo Amaral makes many people uncomfortable. Whether related to this case, or the McCann
case, or several other cases…
J: So this is a manoeuvre from the past? Because to the public, this can
be quite confusing.
PS: That's the objective.
J: That's the objective?
DL: That
is the main objective.
J: To further discredit the investigation Goncalo Amaral led into the Maddie Case? This
is all coming from the Maddie Case and the McCanns, is that what you are saying?
DL: Not just the Madeleine
Case but also other cases which do not have a direct connection, but which have served to, um, protect certain interests…
I'm referring specifically to the Freeport Case…
J: What does the Freeport Case have to do with this?
You blindsided me with this one!
DL: One of the things we published a short while ago, is that there was a meeting
between those responsible for the British and Portuguese authorities involved in the Freeport Case. For now, we haven't gotten
very far in this – but for now, we will talk about – excuse the expression – a circumstance in which two
individuals go to a brothel and unexpectedly meet. One says to the other, "You don't say anything to my wife, and I won't
say anything to yours."
The same thing is happening in the Freeport Case. The British authorities wanted to come to
Portugal; they wanted to work with the Portuguese authorities, in order to investigate money transfers…
J:
So the Freeport Case is also connected to England…
DL: Right. And the British authorities asked for authorisation
from the Attorney General to come to Portugal, to create a joint team and investigate money transfers from the UK to some
"personalities" in Portugal. Which was refused…
J: [Transfers] to whom?
DL: This…
um… [more about this] later… later.
JL: Later. (laughter) OK. Let's go back to Leonor Cipriano.
PS:
Beyond the question of Dr Marcos Aragao, who is currently representing Leonor Cipriano, there’s another question which
is strange and has never been well explained, and which, given the institution which is under discussion, deserves a public
explanation, which is the role of the National Bar Association in this case.
J: Why?
PS: Because
the scenario of Dr Marinho Pinto [head of the Bar Association], a person who deserves respect, decided in support of human
rights and, as a bit of justification, to treat this specific crime as a crime against humanity. Of course, every crime in
which people are physically mistreated without provocation by the authorities is a crime against humanity. But it's not understood
why, specifically, this crime is a crime against humanity. So that, within this scenario, the Bar Association is, from my
point of view, an institution which needs to continue to deserve the respect and credibility of the citizens and, naturally,
needs to explain why this is a crime against humanity, why is the National Bar Association partnering and has constituted
itself an assistant in this case…
J: It's not common, then?
PS: No, I've never – I
don't know if Duarte has…
DL: No.
PS: I've never seen this and, more importantly, the inconsistency
between the representative of the Bar Association of this country and his time which appears in the journals with some incongruence…
These things need to be explained. What happens? It could be that nothing happens. It could be that everything was done here
in total legitimacy, in accordance with the most honest of principals. But they have to be explicit about…
J:
Clarify, right?
PS: Yes, it should be clarified. That is, there are always interpretations that leave questions.
And the process is already the way it is. The National Bar Association has the superior responsibility…
J:
It has to be transparent.
PS: It has to be transparent.
J: Duarte, what do you think? Leonor Cipriano
was really beaten or not? That woman contradicts herself a lot, doesn't she?
DL: I know that just a few days
ago we completed an interview with ex-prisoners from the same prison complex, and I know that she was beaten inside the prison.
I say this with absolute certainty. And, well, I'm not going to say this is normal but it happens a lot…
PS:
It's frequent…
J: I heard Paulo perhaps say, it's frequent?
PS: Yes, there is a kind of
honour code, that is, we have laws, and within prisons there is another law in which crimes, certain crimes…
J:
against children…
PS: against children that involve the death…
J: or rape…
PS:
or rape, committed especially by those close to the children, again, they often are… are crimes which the other prisoners
don't …
J: so they met out their own punishment…
PS: They take justice into their
own hands. Using a code, not a code from a legal point of view, but it’s quite common.
J: It's a kind
of condemnation.
PS: It's a custom. A custom.
DL: It's a custom because, for example, any criminal
who is in prison, or I should say that the majority of criminals, are parents and they have families. Just because they stole
a car from A, B or C, doesn't mean …
J: That they don't have relationships…
DL: Generally,
the child murderers and paedophiles are...
J: They are poorly treated in prison.
DL: They are
poorly treated in prison.
J: But these prisoners that were incarcerated at the same time as Leonor Cipriano
were witnesses, they saw this…?
DL: They did it!
J: Ah! (laughter) I'm sorry. So it was
this woman who hit her… who gave her a slap…
DL: Personally, personally, I wouldn't be at all surprised
if, and I say this with all sincerity, if one of the inspectors had not given her a slap, that is, I wouldn't be surprised.
However, one thing is certain: after the interrogation in which she confessed…
J: It wouldn't surprise
us, but it can't happen…
DL: OK.
J: Even though, considering the woman's confession, I think
she deserves to be run over. (laughter) She killed her daughter in a barbaric way. But this is just what we think, in an emotional
way. What justice decides could be something else. She has rights just like everyone else.
DL: She, when she
returned from the interrogation, the interrogation in which she was allegedly beaten, on this day, she had already confessed
to the crime. There was no justification for being tortured, to confess something which she had already confessed. In fact,
there is a guard, the chief guard, who was a witness in this trial who says that, in fact, she did return to prison with some
red marks and that she said she had fallen on the stairs. That she was dizzy, she hadn’t eaten…
J:
But isn't there…? There is a document that says the woman was seen in a hospital before returning to the Odemira Prison
and there is a document that says that woman had fallen down the stairs.
DL: Yes. That document exists.
J:
So why is this being doubted now?
DL: Because, since then, she changed her statements. There exist some concerns
about the actions of the Prison Director. In fact, the head of the guards said in court a few days ago that the Director asked
him to change the reports…
J: But what was the goal?
DL: That's a question the court has
to put to the Director. Now, when I say this is a circus act, it's because, if, for example, we have to take Goncalo Amaral
to court for being responsible for this team of inspectors then we also have to sue Alípio Ribeiro, who was responsible for
the PJ, we have…
J: The [Public] Minister
DL: The Minister. And so forth. We are wasting
time, money, when this country has other more important cases to investigate, principally, the case of Madeleine McCann which
is stopped. It's stopped. Voluntarily stopped.
J: It seems like it's not. Right, Paulo? Something is happening.
PS:
Yes, things are happening every day. That is, things are happening every day which is much due to our Duarte Levy who, thankfully,
thankfully, has been very attentive and in a very interesting way, which is mostly via the blogosphere, and things are moving
and very well. And new clues have been uncovered. A bit ago I was going to show Julia a British journal advertisement which
Duarte says is normal and which is made for those still looking for Madeleine…
J: Do you have a copy?
I don't think we have this picture; it's so big I think we can see it… Give it to me, Paulo. (takes paper) So here is
a British newspaper, from yesterday, and here is Maddie.
PS: This type of poster, one fourth of a page…
[shows Daily Mail with the PLEASE HELP FIND MADELEINE poster]
J: Two million pounds, right?
PS:
Two million pound reward. The more time that goes by, the larger the reward we can say we will offer. That is, this type of
reward, this type of announcement is part of a strategy that we can call relational marketing. Which attempts, at specific
times, to respond to attacks. That is, this media…
J: Excuse me for interrupting, but with what frequency
does this announcement appear?
DL: Every day.
J: Ah, it comes out every day. That costs a lot
of money, doesn't it?
DL: Normally, yes. A quarter of a page in a British journal costs an immense amount of
money. The question is, I don’t know whether this announcement is paid or not. Or if there is an exchange…
J:
An exchange of those indemnifications.
PS: An exchange of indemnifications. Or could be it goes to the Madeleine
Fund. But the case is not stopped. It's not and it will not be. Because there are many unanswered questions. In these circumstances,
it serves… there is a kind of connection between this Portuguese case and the Joana case (which I'll mention happened
more than two years prior to the Madeleine Case) and the personalities of two people who are serving a sentence, in order
to make a bridge to this case. And this is clearly being…
J: But that's perverse.
PS: It's
completely perverse.
J: It's completely perverse. We haven't yet discussed a fact that arises here which is
Metodo3… the famous… tell us…
DL: Picking up on what is happening in the Leonor Cipriano Case,
it was via Julia Pinheiro, it was here on this show, "Afternoons with Julia", that the fact that Goncalo Amaral was being
investigated by Metodo3 was discussed for the first time. At that time, when Julia put forth this question, a bit surprised,
was not expecting the question, and didn't know. Now, it's been confirmed.
J: It was true, wasn't it?
DL:
It's not only true, but also the report that Metodo3 wrote about Goncalo Amaral is false. The are many facts that came from
people such as Leandro [Leonor Cipriano's partner] and other individuals connected to the Leonor Case and the Joana Case,
all done to undermine the credibility of Goncalo Amaral.
PS: It's counter indicative.
J: What
do you mean, Paulo? Counter indicative.
PS: The human memory doesn't improve with time. The human memory is
a function, from a psychological standpoint, that deteriorates over time. Amongst the witnesses contacted, who are highly
unbelievable, for Leonor Cipriano, there are some that are particularly captivated by the thesis that there is "a cat hidden
with his tail sticking out," as the expression goes. Moreover, there is a fact out there that leaves me completely astounded.
How can someone say that they didn't even recognise the inspector Goncalo Amaral, and later say, "Oh, now that I think about
it, he also hit me. I remembered this after the interview that my husband gave." This is completely impossible within the
functioning of human memory. This type of thing doesn't happen. This is a lie.
J: Didn't Leonor Cipriano say
that she couldn't identify the people who beat her? Which is a strange thing…
DL: Ah, but now she can!
J:
Ah, today she knows them…?
PS: It was Goncalo.
J: Ah, Goncalo! Ah!
PS: She
didn't know at first …
J: But if someone beat me, I think I would never ever forget them. Someone who
had slapped me in the face, you know?
PS: Right. But Duarte has hit upon something important. Which is that
there's a fact that can not be excused in any way. That Goncalo Amaral has been a man who has been consistently persecuted.
[Close-up of Sun with photo of Amaral and the headline: "Did Cop Eat Maddie!"] It began with things like alcohol consumption,
long lunches, sardines, etc. Which, curiously, you found also in a part of the Portuguese press, I don't know if it was done
on purpose, perhaps to follow a line of investigation that was a bit different, some journals like to do that, fine, it's
an option. However, it's vital to understand the complete insistence upon denigrating his image and questioning everything
Goncalo Amaral has done in this country… it was investigated, this and everything in his private life. This is something
that can't be set aside by those who are interpreting these facts. And even for those who don’t have major paranoia,
nor grand conspiracy theories, even to someone who is utterly uninterested in these things, this stinks. It smells bad. And
I return to the idea that when the National Bar Association is involved in these things, it smells even worse. And, so, these
things need to be put in their place. They need to be reviewed calmly. And they need to be honestly discussed much more than
they have been up until now. And an honest plan relates to principals [ethics], and has to clarify why they are involved in
this. And suddenly, this Leonor Cipriano Case arises without anyone understanding why? Without anyone understanding why. Even
more than that …
J: It was expected to last two days, right? And Paulo Sargento is participating right?
As a witness?
PS: Right. But I can't talk about that. Nonetheless, it's strange. And it's important to understand
how this started. How did those photographs appear in the Expresso two years ago? There are things that need to be said. There
are relationships that have to be explained. And when things reach this point, people can't close their eyes and say, "well,
this is weird, whatever."
J: Some say the photographs of Leonor Cipriano's bruises were manipulated. Were…
DL:
It's a possibility.
J: It's possible?
DL: They are photographs from the digital era. They could
have been manipulated. This is a fact. But I think what Paulo highlighted is very important. It would perhaps be good…
In order to have some tranquillity surrounding this case and the Madeleine McCann case, too, for everyone involved, beginning
perhaps with Dr Marcos Aragao [Cipriano's new lawyer] , to clarify …
J: Dr Marcos Aragao said that he
volunteered, right? He's not receiving anything, correct? That's what I read in the paper.
DL: He's like a volunteer.
PS:
He's free to do that. I don't have…
J: Obviously…
PS: I don't have, I don't have anything
to say against that.
J: [laughing] Duarte has such a sceptical air…
DL: Yes, I'm not convinced.
I'm not convinced. It could be that he is not receiving any money from Leonor Cipriano…
J: The lady probably
doesn't have …
DL: Right.
J: Could he be getting money from someplace else?
DL:
It's possible. I think there's something here that needs to be further investigated, further verified. Just as, in the same
way, I would like to see the National Bar Association clarify, in a more explicit way, its presence in this process. As well
as the Public Minister.
PS: Definitely.
DL: There exists… If, in the beginning, the woman
said then that she didn't recognise any of the people who beat her, if the woman said at first that she was not beaten and
then said that she was, how did those five men end up in court? And why Goncalo Amaral? If she has said from the beginning
that he did not touch her, did not beat her, was not even present, why is he there today? I'm not defending Goncalo Amaral.
I think that Goncalo Amaral, whether a police officer or not, has become an unavoidable figure in these two processes…
more so in the Madeleine McCann case. Because from the point at which he left, and is substituted by Paulo Rebelo, who might
be an excellent inspector, I do not doubt that, by coincidence it was he [Rebelo] who was also involved in the Freeport Case…
PS:
uh-huh, uh-huh…
DL: I think that Goncalo Amaral is unavoidable. He was badly treated by the British press
without the Portuguese authorities even trying to stop the damage. He is removed from the case because of an article which
was false. For an article without veracity. I ended up talking to one of the authors of this article by phone, for on that
day I was in London and wanted to talk to this person, and that article was an excuse created in order to remove Goncalo Amaral.
J: And these are the facts.
DL: These are the facts.
J: And a case that wasn't
going to be very important, wasn't going to take long to resolve, is now going to take how long to resolve, this case of Leonor
Cipriano versus the ex-inspectors that she didn't recognise that she now recognises and tomorrow who knows?
PS:
I hope that this will very quickly be resolved. Now, it will have consequences… in this there is no doubt.
DL:
There will have to be. [consequences]
PS: There will have to be. There are many players in this gigantic soap
opera that are going to have to be identified in a much more precise way. Because this puts at risk a very fundamental thing:
Portuguese justice. And the impression that people are left with concerning what is Portuguese justice. Such that there is
here an inversion of values. Look. We have here the notion that it is possibly our defenders, our judicial police that are
becoming the culprits. This is an extremely bizarre thing! It's absolutely bizarre. It confuses people. Naturally…
J:
[It should] not place in doubt, because the case is objective.
DL: Wait. These are not investigators that started
two years ago. These are men with 20-30 years in their careers. Who worked on the FP-25 case and others even more important.
And who never, until today, had their professional capacities placed in doubt.
PS: It's obvious, it's obvious…
J:
Your last words, Paulo.
PS: It's obvious that no one is above the law.
J: Obviously not. No.
PS:
No one is above the law. A police officer shouldn't be on trial? No. He should.
J: If you hit someone, you
have to respond to that.
PS: That's obvious. No one disagrees with that. But this entire case has been bizarre.
The players in this theatre, in this great novel, have appeared without anyone understanding how. And this is where we need
to start.
J: It is.
PS: People, citizens have the right to understand; those in the process have
the responsibility to clearly explain why they are doing this. All the institutions need to do this.
J: We all
understand, Paulo Sargento. Applause for Paulo Sargento and Duarte Levy.
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The Joana Case, 03 November 2008
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Fingerprint
by Dr. Francisco Moita Flores, University Professor
03 November 2008
Thanks to 'Debk' for translation
The case involving the alleged torture of Joana's mother is revealing perverse episodes that do not cease to amaze us. Each
witness falls like a bomb. Then, the boot doesn't match with the splutter [Portuguese Proverb that means 'we know
something is not quite right'].
I know the police are not angels, nor sent by Christ to Earth. The profession makes
them hard, obstinate, untrusting, determined and the world is full of examples of enormous atrocities committed by those who
are obligated to adhere to and to make [others] adhere to a respect for the law and defence of citizen's rights. Having said
that, I admit that when I read the first reports about the beatings and, later, saw the published photographs, it was not
difficult for me to believe that what happened was as claimed. Such a heinous crime such as that which was committed could
cause a man to lose his head and commit unpardonable actions.
However, now that the trial has begun and the evidence
is being rolled out, things are changing. The woman confessed that she helped kill her child on one day and the beating occurred
on the following day. This is absurd. I have heard the confessions of many homicides and other violent crimes. I know well
how the tense environment which surrounds interrogations can reach almost insupportable limits. And it is there, for various
reasons, that an act of brutality can occur. When everything is over, the decompression is quick. Both for the criminal and
for the investigators. Everything returns to normal. It does not make sense, after everything is over, on the following day,
to go get the prisoner and give them a scourging. No matter how macabre the deposition may have been. For the police that
is no longer of interest. It's over.
Nonetheless, the perplexities increase when you know that the report about the
attacks upon this lady were altered at the order of superiors in a way as to incriminate the police and that the woman couldn't
even identify which of the police officers beat her. She had to recognize them. Even if she didn't know their names, an investigation
brings together the investigators, arguidos, witnesses and it is not difficult to recognize them. These are moments that will
remain for many years given the strong emotional investment that emerges in these types of situations. And it all becomes
even more perverse when you know that one of the attorneys was entwined in the case in order to pursue one of the arguidos.
Goncalo Amaral was pursued, not because of this case, but by the agents of the private detectives contracted by Maddie's parents.
Confirming all of this, we are not looking at a case of justice. It's a loathsome farce which abuses the court. For
the ugliest of reasons which also represent our human condition.
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"Goncalo Amaral is the target", 04 November 2008
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Joana Case: Carlos Anjos, president
of ASFIC/PJ, denounces
By Henrique Machado
04 November 2008
Thanks to 'astro' for translation
Five Polícia Judiciária inspectors
are on trial over torture on Leonor Cipriano, but the plaintiff's lawyer, who got involved in this case under orders of the
McCanns' detectives, has already tried a deal. "He proposed to our lawyer that we let Goncalo Amaral 'fall' and in exchange
he would redraw the torture accusations against the other four inspectors", denounces Carlos Anjos, the president of the PJ's
union. And Aragao Correia also confirms: "If the other four want to confess that it was him who gave the order to assault…"
First,
"the strange lawyer swap" of Leonor at the beginning of the trial. Then, "the new lawyer, who even admits to having already
been paid by the McCann couple's detectives, attacks exclusively Goncalo Amaral. When what is the issue is the supposed torture
of the plaintiff by other PJ inspectors". And finally, Carlos Anjos lost his doubts with the "dishonest attempt at a deal".
Aragao
Correia, according to the president of ASFIC, "allows for the conclusion that Goncalo Amaral is the target. He is only worried
about trying the inspector who participated in the investigation into the McCann couple, within the Maddie case, instead of
trying the supposed assault on his present client…"
Carlos Anjos advances that ASFIC’s reply was 'no'.
"The five are innocent, and we are either saved together, or we fall as one. This lawyer has worked for Metodo 3. Then, he
tells that the McCanns, or someone on their behalf, asked for him to get interested in the supposed assault on Leonor. That
he should discover what Goncalo Amaral's role in the entire case was. And now this proposition…"
"Photos of Leonor may have been taken after the 15th"
Apart from the fact that it is
"clear" to Carlos Anjos that Goncalo Amaral "is the target to shoot down in this trial", the president of ASFIC/PJ recalls
that "the only persons who have always maintained the same version, because they speak the truth, are the inspectors. Just
listen to the constant contradictions from Leonor – as well as the indications that were given by the director of the
prison in Odemira for a service information from the chief of the guards about Leonor's health condition to be altered. But
the stupefying fact is that the person who is on trial for falsifying a service information is an inspector [António Cardoso].
It is already proved that Leonor's confession [over the death of her daughter Joana] is dated the 13th of October 2004, not
the 14th, like the Accusation says, and there is nothing to sustain that the photographs [of the violence marks on the body]
were taken on the 15th. They may have been taken days later. The PJ delivered Leonor back to prison only with a few scratches."
"If the others say that he gave the order…"
Aragao Correia, the present lawyer
for Leonor Cipriano who had already admitted to getting involved in the case at the request of the McCanns' detectives, also
recognizes to CM that he tried "to reach a deal" with the five policemen's defence for the other four to incriminate Goncalo
Amaral. "I confronted the lawyer of the other four inspectors [three of which stand accused of torture and one of falsifying
the service information] and I told them that if they wanted to confess that it was Goncalo Amaral who gave the order to torture
Leonor Cipriano, we could try to reach a deal…" Aragao Correia says that "this is normal in any process" – and
he refuses to admit that the persecution of Goncalo Amaral is related to the McCanns. He approached the case on request of
the couple's detectives, but now he guarantees that nobody is paying him.
Details
Employees heard – The trial of the inspectors who stand accused of torture over Leonor
Cipriano continues today at the Court of Faro, at 9 a.m., and the testimonies of a prison guard, of the doctors who observed
the victim and of the two employees who took the photographs of Leonor's body at Odemira prison are expected.
Different accusations – Despite Goncalo Amaral being the target of Leonor's lawyer, the
former investigator of the Maddie case answers over the less serious crimes of omission of denunciation and false testimony.
It is Leonel Marques, Marques Bom and Pereira Cristóvao who stand trial for torture. Concerning António Cardoso, the accusation
sustains that he falsified the service information.
"We are innocent" –
Carlos Anjos never had any doubts about the interest that moves Leonor's lawyer in the process, yet he clarifies: "The only
deal that we accept is the one to clear the five PJ inspectors. We are innocent."
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PJ inspectors enticed to betray Goncalo Amaral, 04 November 2008
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PJ inspectors enticed to betray Goncalo Amaral 24horas
(appears in paper edition only)
Leonor Cipriano's lawyer wanted to close a secret deal
with PJ inspectors
If you betray Goncalo you can get away with it!
by Miguel
Ferreira
04 November 2008
Thanks to 'astro' for translation
Aragao Correia wanted the
PJ inspectors to say that they only tortured Leonor under orders from Goncalo Amaral. But he wasn't lucky
Last week, Joana's mother's lawyer suggested a secret
deal to the lawyer of the PJ inspectors that stand accused of torturing Leonor Cipriano, in order to frame Goncalo Amaral
and to get the policemen off the hook. Marcos Aragao Correia was ready to request a reduction of the penalty for four of the
arguidos if they would assume in court that they tortured Joana's mother under the orders of Goncalo Amaral.
This idea was brought to the president of the Association
of Criminal Investigation Employees (ASFIC), who immediately rejected it. "The proposal was clearly directed towards solving
the problem of the four arguidos by accusing Goncalo Amaral", confirmed Carlos Anjos, who represents the criminal investigators.
The response was immediate: "I refused straight away because I don't cut deals", he said to 24horas.
Carlos Anjos further explained that "despite the fact
that Goncalo Amaral is no longer an associate, he was a member of the police; he represented the institution within the criminal
investigation". On the other hand, Anjos says that he "continues to believe in the arguidos' innocence".
The inspectors' lawyer, Pragal Colaco, didn't deny the
conversation with Aragao Correia. Leonor's lawyer on the other hand had no problems whatsoever in confirming the attempt at
a deal and said that he'd done it because he found out that "one of the arguidos, Paulo Pereira Cristóvao, confessed inside
the PJ that he received orders from Amaral to torture Leonor", as he explained to 24horas. Paulo Pereira Cristóvao
preferred "not to make any comment" on this situation.
Leonor to be heard
The
third session of the trial of the PJ inspectors that stand accused of torturing Leonor Cipriano takes place today. Goncalo
Amaral's lawyer, António Cabrita, is going to request for Joana's mother to be heard again. The lawyer wants to clarify a
"lie" from Leonor or from her lawyer. Cabrita refers to an article that was published in a national newspaper where Aragao
Correia admits to having visited Leonor in prison, on the night of the 30th of October, which was after she was heard during
the first session of the trial. The lawyer refers
that it was necessary to calm down the assistant who was "very nervous" following the questions that were asked from her by
the PJ inspectors' lawyers. But during the second session, one day later, when António Cabrita asked Leonor Cipriano if she
had received any visits at the prison, she replied that she had not. "Someone is lying", the lawyer says.
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Joana Case: Accusations exchanged, 04 November 2008
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Trial
04 November 2008 - 13h54
Thanks to 'Astro' for translation
This Tuesday, Goncalo Amaral's defence lawyer lamented the position that was assumed by Leonor Cipriano’s lawyer,
Marcos Aragao Pinto, to try to reach a deal with the lawyer of the other four Polícia Judiciária inspectors who stand accused
of torturing Joana's mother.
The attempted deal, which resulted from a proposal to let Goncalo Amaral 'fall' in exchange
for dropping the accusations of torture against the other four inspectors, and was denounced to 'Correio da Manha' by Carlos
Anjos, the president of the PJ workers' union, was commented by António Cabrita today.
For Goncalo Amaral's defence
lawyer, this is "a proposal that is not ethically correct", which results in "an attitude that demonstrates a certain dementia",
by resorting to a deal of this nature.
Marcos Aragao Pinto has refused to comment on the situation for now, merely
referring to the journalists that this is a "serious accusation".
During this morning's session of the trial that is
taking place at the Court of Faro, an accusation witness was heard, the doctor who was giving consults at the Odemira prison
and who wrote the report of the supposed assault on Leonor Cipriano.
The medic ended up contradicting herself, as the
first report that was written on the 18th of October 2004 mentioned no lesions to the knees of Joana's mother, who didn't
complain about them either. Nevertheless, on the 29th of October, she requested an x-ray to be performed on said lesions.
This
afternoon, the court will hear the first doctor who observed Joana's mother at the Health Centre of Odemira and a prison guard,
in this case via videoconference.
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Lawyer holds email in his hat, 04 November 2008
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Leonor Cipriano's lawyer: Aragao Correia |
Aragao Correia, Leonor Cipriano's lawyer, says he possesses an email that incriminates Goncalo Amaral, accusing him of
standing behind the assault on Leonor Cipriano.
by Mário Lino
04-11-2008 23:44:00
Thanks to 'Astro' for translation
"I hold information that Mr Paulo Cristóvao sent an email to a friend of mine at the Judiciária, in which he confessed
that there was torture, not from him but from Mr Goncalo Amaral. We may get to the point where we have to present this email
in court", the lawyer states.
The lawyer refers that the alleged email was sent approximately 3 years ago by one of
the inspectors (now a former inspector), Paulo Pereira Cristóvao, to a common friend who works at the Judiciária.
In
said document, which Aragao said he is not ready to reveal yet, Pereira Cristóvao allegedly confirmed that four days before
Leonor's confession there were aggressions but that it was the Portimao team, led by Goncalo Amaral, who was responsible for
the assault. The latter would not only have known about the facts but was also responsible for emitting orders "for every
possible method to be used in order to force a confession from Leonor", Leonor Cipriano's lawyer states.
Following
the supposed "trump", Aragao Correia even proposed a deal (something that is not permitted by penal law process) to the inspectors'
defence: if they confessed, stating that Goncalo Amaral gave the order to assault Leonor Cipriano and that he eventually had
participated in said aggressions, the assistant, Leonor Cipriano, would request a suspended sentence for the arguidos (despite
the fact that the accusation is brought by the Public Ministry and the penalty is decided by the Court that is constituted
by three judges and four jurors).
When questioned about the deal, Pragal Colaco, the inspectors' lawyer, preferred
not to comment, invoking alleged reprisals from the Laywers’ Order: "I don't want any more disciplinary processes. I
was notified by the Lawyers' Order about an issue where I made a statement four years ago and now it appears. I don't want
any problems because I know that the Lawyers' Order keeps persecuting me and I don't want any further trouble", he said.
Goncalo
Amaral's lawyer spared no criticism on the attitude of Aragao Correia: "The defence denies its belief in a deal for the processual
assassination of Amaral at the expense of the absolution of other arguidos, and repudiates any parallel trials and private
investigations", he stated in a communique.
"Any layperson is able to understand that a proposal to cut a deal that
is made in order to condemn Dr Goncalo Amaral means that this process is being used for purposes that are not part of the
process", he added upon exiting the trial.
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Former PJ director exonerates Amaral, 05 November 2008
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Joana Case: Leonor's lawyer calls Amaral's lawyer a 'goat'
Rui Pando Gomes
05 November 2008 - 00h30
Thanks to 'Astro' for translation
The former national PJ director, counsellor judge Santos Cabral, removes all responsibility from Goncalo Amaral in the
conduct of the Joana Case, acquitting him of having failed to report the alleged assault on Leonor Cipriano.
In a written statement sent
to the Court of Faro, to
which the CM had access, the
director of the PJ in 2004 -
at the time of the facts
that are imputed on the five
PJ inspectors accused of
torture, falsification of a
document, omission of
denouncement and false
statements - makes clear
that "the operational
conduct at the place was the
responsibility of the
director of Faro,"
Guilhermino Encarnacao.
Following the hierarchical
structure, "it was this one
[referring to Guilhermino
Encarnacao] who was accountable
for the conduct of each investigation," states in writing the former maximum Judiciary responsible and current counsellor
Judge of the Supreme Court of Justice.
António Cabrita, Goncalo Amaral's Lawyer, considers this statement important
because if there are culpabilities for the non existence of denouncement, those "belong also to the director of the PJ in
Faro and to the whole hierarchy." Nevertheless Aragao Correia, Leonor's lawyer, continues to point the finger at Amaral. "We
just want to get a condemnation," he admitted to CM.
Yesterday, the day was also marked by the witness statements
of two employees and by the Odemira prison doctor , which were "under surveillance by a third employee", who was all day in
the hearings room. According to Pragal Colaco, lawyer of four [of the five] arguidos , the witnesses were "controlled because
they must oblige hierarchically to what they were told to say", throwing suspicions on the prison director.
The doctor
Irene Posalaky, who observed Leonor three days later, assured that "the inmate made no complaints regarding her knees," but
11 days later she [the doctor] decided to ask for an X-ray.
On the other side, the employee who took the photographs of
the inmate guaranteed that the pictures were taken "during the afternoon and with daylight," contradicting Leonor, who had
claimed that this had happened "at night, in a room without light."
The trial continues on the 18th.
DETAILS
Serious Accusations - Antonio Cabrita, Amaral's Lawyer,
found that Leonor's defence Lawyer had a "demented attitude" when he tried to cut a deal to 'frame' his client, like the CM
advanced yesterday. Aragao Correia answered by saying that he does not respond to "goats".
A
CD or more - In the process there are two groups of photographs, recorded in more than one
floppy disk and on CD. Natália Silva, the employee who captured the images, guaranteed that she only took "the photographs
once" and recorded them on a "floppy disk" which she then gave to the prison director.
Deleted
photos - The prison employee also admitted that she erased the photographs taken of
Leonor's knees "because the bruises were not visible".
Jurors raise doubts -
Two of the jurors (the trial is done with a jury) had doubts after the statements given by the prison employees and
asked questions.
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Doctor denies Leonor's fall, 05 November 2008
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Doctor denies Leonor's fall 24horas
Lesions on Joana's mother don't match the PJ inspectors' theory
Text: Miguel Ferreira
05 November 2008
Thanks to 'Astro' for translation
"What I saw was caused by a flat object, without corners", the doctor stated in court, referring to Leonor Cipriano's
injuries
Yesterday in court, Irene Posalacky, the doctor who saw Leonor Cipriano at the prison of Odemira, contradicted the theory
that is sustained by the defence of the Polícia Judiciária inspectors, according to which Joana's mother suffered a fall from
the stairs.
This is the explanation given by the inspectors for the hematomas that Leonor Cipriano presented when she accused them
of having beaten her in order to lead her to confess to her daughter's murder. But the doctor contradicts that theory: "What
I saw was caused by a flat object, with no corners". According to the medic, when she observed Leonor on the 18th of October
2004, she presented lesion on several parts of her body. She had "red swollen eyes", "the left eye shut", "cuts on both knees,
superficial but symmetrical". And she presented lesions to her back, to her chest and on her arms.
Despite being a
psychiatrist and general physician, Irene Posalacky defended in court in Faro yesterday that the – symmetrical –
lesions on the knees contradict the possibility that they were suffered as the result of a fall off the stairs.
That
was when António Cabrita, the lawyer who defends former inspector Goncalo Amaral, asked the witness if "that flat object"
that she referred to could be a wall. To which he received an affirmative reply.
The doctor was the third witness to
depose in Faro, as there were two witnesses before her, a prison guard and the employee who photographed Leonor, and another
one afterwards, the social worker who only watched the photo session and who established the connection between what was happening
and the director of the Prison, Ana Maria Calado, who was on vacation at that time.
In the words of the former prison
guard of Odemira prison, Ana Paula Teixeira, who was heard through videoconference, Leonor arrived at the prison with injuries,
and explained in the presence of the inspectors that she had suffered them as she fell off the stairs.
Nevertheless,
social assistant Adelia Palma explained during yesterday's session that it had been Leonor Cipriano herself who had told her
that she had been assaulted during the questioning that she was subject to at the PJ and that the inspectors had ordered her
to say that she fell.
On the side of this third session, Aragao Correia, Leonor's lawyer, admitted that there is special
interest in the condemnation of former coordinator Goncalo Amaral, and he pointed out three motives for that will to 24horas:
"Amaral was responsible for Leonor having been condemned over her daughter's death, over the torture that she suffered inside
the PJ and for the end of the investigations into the Joana case". The lawyer defends that the little girl may be alive and
suffering, with nobody searching for her.
"I laugh whenever I want to"
The beginning of the third session was marked by an incident, one among many that have taken place, between the defence
and the accusation lawyers. This time, Pragal Colaco reacted badly to the exchange of smiles between Rodrigo Santiago and
Aragao Correira, while he was dictating a request. "I cannot continue like this", said the PJ inspectors' laywer, visibly
unnerved, speaking directly towards Leonor's representatives, to which one of them, Rodrigo Santiago, replied: "I laugh whenever
I want to", devaluing his colleague's emotional state.
The scene was repeated, despite the intervention of the presiding
judge, who was "forced to change tone": "We cannot undress the advantage that we have to technically distance ourselves from
passions and emotions. We have to make use of that, or we are not here for anything". Henrique Pavao made clear that "a dialogue
of that kind is not compatible with a trial session" and advised that it should not be repeated.
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Goncalo Amaral's head, 05 November 2008
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Goncalo Amaral's head TV Mais (appears in paper edition
only)
Leonor Cipriano's lawyer proposed to help the PJ inspectors, who stand accused of torture, if he was given the head of
Goncalo Amaral. The news was confirmed by himself to TV Mais
by Hernâni Carvalho
05 November 2008
Thanks to 'Astro' for translation
Goncalo Amaral's head against the absolution of the other inspectors – such was the proposal that was made by Leonor's
lawyer to one of the lawyers of the PJ inspectors. The information hit the newsroom at TV Mais like a bombshell. "I confirm
it", TV Mais was told by Carlos Anjos, the president of ASFIC, the union for the PJ's Criminal Investigation workers. "Our
colleagues' lawyer (Pragal Colaco) has informed us about said proposal that was made by Leonor Cipriano's lawyer (Marcos Aragao).
Goncalo Amaral's head. Concerning the others, one would find a way to clear them."
If we in the newsroom found this
strange, any doubts were dismissed when we contacted Marcos Aragao himself. "Yes, indeed I spoke with Dr Pragal Colaco and
I confirm that I proposed to help him in the defence of the other inspectors if they stated that they acted under Goncalo
Amaral's indication. A reduction of the sentence would be achieved for them", the lawyer told our magazine. Leonor Cipriano's
lawyer confirmed to us that he is ready to defend the inspectors who stand accused of torturing his client if in exchange
an unequivocal condemnation against the PJ's coordinating inspector, Goncalo Amaral, was obtained.
Marcos Aragao told
TV Mais that he is in possession of an email that was written by Paulo Cristóvao to another PJ inspector where he states that
he was given carte blanche by Goncalo Amaral to beat up Leonor Cipriano. We contacted Paulo Cristóvao. The former PJ inspector
told us, laconically, that the affirmation "doesn't even deserve a comment. We shall see what happens in the appropriate location,
which is a court hearing".
Concerning the deal, António Cabrita, Goncalo Amaral's lawyer, told us: "I don’t know
those affirmations. Dr Goncalo Amaral trusts the Portuguese justice that he served for 27 years. Those deals have no validity
whatsoever in the Portuguese penal system. Here, the court only appreciates facts, not deals".
"An inspector sits on
the bench, accused of forgery, but it was the chief of the prison guards who went to court to state that the director of the
prison of Odemira (Ana Maria Calado) ordered him to change a document, which he refused." Carlos Anjos from ASFIC/PJ finds
this strange. "I have yet to understand what stands behind all this. Dr Marcos Aragao is more committed to ruining the credibility
of Goncalo Amaral and the PJ in the McCanns case than concerned about Leonor Cipriano's pain", he said.
The truth is that contradictions and certificates is what has been mostly seen at the Court in Faro. During the sessions
of the trial of the five PJ inspectors who stand accused of torturing Leonor Cipriano, requests follow upon requests for certificates
to file new complaints. Both from the accusation and from the defence. Among accusations and counter-accusations, the collective
of judges which is led by Henrique Pavao (three judges, four jurors) has already complained about the fact that bureaucratic
issues are delaying the process.
What is known for certain is that on the 13th of October [2004], Leonor confessed
to murdering her daughter Joana. And it is known that she did so in the presence of her lawyer, Celia Costa, who confirms
that she didn't see anyone assaulting Leonor. The process that was opened by the Public Ministry (PM) over alleged aggressions
against Leonor Cipriano refers the 15th of October. But the PM failed to determine who committed the aggressions. The PJ inspectors
stand accused of having created conditions for the actions to be carried out. In those days, Leonor Cipriano was preventively
detained in Odemira prison and the PJ was searching for her daughter Joana or what was left of her. Two days after she confessed
to killing her daughter Leonor, in the presence of her lawyer, Leonor Cipriano returned to the prison in Odemira with bruises
to her face. At that time, she stated that she had fallen and the guards wrote a report. Now, she says that she was assaulted
with fists and kicks and with a cardboard tube.
Why did Leonor dismiss Grade?
"I don’t know." Leonor Cipriano's former lawyer told us that he heard about his dismissal "from a journalist who
asked me if I had been set apart. As I knew nothing about it, I denied it. It was only later that I read an email from my
colleague Marcos Aragao. That was how I found out that I had been dismissed from the defence of Mrs Leonor because she signed
a document that revoked my power of attorney and hired another lawyer. I know through my colleague that she stated she was
not happy with me because I didn't attack Dr Goncalo Amaral frontally and that she felt better supported while being defended
by my colleague".
Leonor's contradictions
Leonor sometimes remembers and sometimes forgets. First, she said that she had seen who assaulted her, but later she
denied it. First, she said that there was a blue plastic bag over her head but soon she declared it was "green or blue". During
the inquiry, she said that she had been "assaulted more than once", but now, during the trial, she stated it happened only
once. She said she knew the time (around 8 p.m.) because she had looked at the clock in the room where she had been beaten.
During the trial, she described the room without said clock. There were several contradictions from Leonor, but one of her
sentences stuck to everyone's memory. "I don't remember having confessed", she told the court.
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Marinho Pinto and the Bar Association in a serious conflict of interests, 11 November 2008
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Marinho Pinto and the Bar Association in a serious conflict of interests SOSMaddie
By Duarte Levy
11 November 2008
Thanks to 'annaesse' for translation
An obvious sign of unease for the Portuguese legal system, the decision by the Bar Association, for the second time in
its history, to constitute itself as assistant in a new trial against the PJ inspectors, is now seen as a serious conflict
of interests. The decision taken by the president of the bar, Marinho Pinto, is viewed with suspicion by certain people because
there could be private interests, because in this new trial - which begins this Wednesday before the court in Lisbon - the
alleged victim is defended by Jerónimo Martins, vice-president of the association, and by Bárbara Marinho Pinto, daughter
of the president of the bar.
The Bar Association, under the leadership of Marinho
Pinto, had already drawn attention to itself when it became assistant in the ongoing trial in the Faro court, against five
other PJ inspectors, accused of acts of torture against Leonor Cipriano, amongst them Goncalo Amaral.
Curiously, the decision taken by the Bar Association (OA) could also be seen as a conflict of
interests if account is taken of Marinho Pinto's role in the disclosure of photos of the supposed physical results of assault
on Joana's mother, before he became president of the bar.
If account is taken
of Goncalo Amaral, former coordinator of the PJ in the investigation into Madeleine McCann's disappearance, being one of the
accused in the ongoing trial at the court in Faro, where the Bar Association is assistant, the case risks becoming even more
embarrassing, because Bárbara Marinho Pinto, daughter of the current president of the bar, works for the office of Rogerio
Alves, former president of the bar and lawyer for Kate and Gerry McCann.
Meanwhile,
the situation was denounced today, in statements to the Portuguese daily, Correio da Manha, by António Pires de Lima, former
president of the Bar Association. According to this jurist, there is an obvious and serious, "moral incompatibility" between
the private interests of Marinho Pinto and those of the Bar Association of which he is the public face. On this matter, António
Pires de Lima does not rule out the possibility of there being a "legal incompatibility".
In this new trial, an official of the CP - the equivalent of the SNCF in France - accuses five inspectors of assault
during an interrogation even if he only identifies three, the events going back to March 2000.
The trial is part of open conflict between the PJ and the Public Prosecutor
The ongoing trial in the court at Faro, between Leonor Cipriano's memory lapses and the her lawyer's
persecution of Goncalo Amaral, would only be one more episode in the conflict between the Public Ministry's judges and the
PJ. This is the conclusion that comes from analysis of the written records and other documents in the trial where the former
coordinator of the PJ's Portimao Department of Criminal Investigation (CID) appears in the dock accompanied by four other
inspectors.
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Defence wants Goncalo Amaral accused of torture; he wants to know who
gave them information, 18 November 2008
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Defence wants Goncalo Amaral accused of torture; he wants to know who gave them information LUSA
Trial returns with a war of legal procedures
By Miguel Ferreira
18 November 2008
Thanks to 'Debk' for translation
Leonor Cipriano's defence in the trial of the PJ inspectors accused of torture,
which restarts today in the Faro courthouse, is going to ask the Public Ministry to accept an accusation against Goncalo Amaral,
in an independent process, for alleged torture.
The attorney Aragao Correia told Lusa that "enough elements have already
been brought together to independently accuse" Goncalo Amaral of "torture", while he is being tried in this process for false
witness and not denouncing inappropriate acts.
But Goncalo Amaral has his own response. From what 24horas
can ascertain, the ex-inspector for PJ is going to request that the Public Ministry investigate the circumstances that allowed
António Leandro, Leonor's ex-partner, to have been informed about his imminent removal from the Maddie case one week before
it occurred.
Leandro revealed, at the door of the Faro courthouse, that "English investigators" had given him this
information.
The ex-inspector's attorney, António Cabrita, requested a certificate of these declarations for the Public
Ministry, which should be ready today in Faro.
António Cabrita now has six months to present a criminal complaint which
will require the Public Ministry to investigate the case.
Today the employee of the Odemira Prison, Adelia Palma, will
continue to respond to questions from the attorneys at the Faro courthouse, in another court session of the inspectors suspected
of having tortured Leonor Cipriano.
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Cipriano Case: Leonor's lawyer is going to request an isolated indictment
against Goncalo Amaral, 18 November 2008
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Cipriano Case: Leonor's lawyer is going to request an isolated indictment against Goncalo Amaral LUSA
18 November 2008
Thanks to Joana Morais for translation
The defence of Leonor Cipriano in the judgement of the inspectors of the Judicial Police (PJ), that starts again today
in the Court of Faro, is going to request that the Public Ministry (MP) deduces an accusation against Goncalo Amaral, in a
separate trial, for alleged torture.
The lawyer Aragao Correia said yesterday to the Portuguese News Agency LUSA that
"there are enough elements to make an accusation of torture autonomously" against the former inspector Goncalo Amaral,
to be judged in the Court of Faro for false testimony and oversight of the duty of denunciation, in the same trial that
another arguido is accused of falsifying a document and three others of allegedly torturing the mother of Joana.
"The
several crimes of Goncalo Amaral are more than established, namely the torture to Leonor Cipriano. It is an injustice there
are four other arguidos taking responsibility for the crime of torture and the one that probably authorised and ordered that
torture is answering for other crimes", highlighted Aragao Correia.
In today's court hearing, the defence of Leonor
Cipriano, that accuses the five elements of the PJ of the crime of torture so that she confessed involvement in the disappearance
of her daughter, will also present three more applications to the collective of judges.
In the first application, the defence intends to enclose to the current trial the medical report carried out after Leandro,
companion of Leonor Cipriano, received medical aid in the Hospital of Portimao.
Aragao Correia emphasized that Leandro
"was allegedly attacked on the same day " that Joana's mother was, and that the defence intends to confirm that fact and which
were the "wounds that he presented".
Hearing of judges
The defence of Joana's
mother, the eight year old girl, missing from the Village of Figueira, Portimao, Algarve, on the 12 of September of 2004,
intends as well that the court hears the counsellors judges Santos Carvalho e Costa Mortágua, who voted against the condemnation
of Leonor Cipriano in the court trial of first instance.
"The two judges considered that the decision was illegal and unconstitutional, because it violated the beginning of the
presumption of innocence. There was no evidence against Leonor Cipriano and they understood that they could be before a grave
and irreparable judicial error. We want to know if could have had tortures regarding the confession of her and if the condemnation
would have been possible", emphasised Aragao Correia.
Finally , the third application has to do with the pictures of
Leonor Cipriano, which exhibit bruises on her body and is going to demand to the court the use of an expert laboratory to
analyse if there was manipulation of the images, as advocates one of the lawyers from four of the arguidos, Pragal Colaco.
Images analysed in British laboratory
Aragao Correia is going to ask that the images are evaluated by a laboratory in Birmingham, England, the same
one which analysed the DNA vestiges of Madeleine McCann, the English girl that disappeared in the Algarve in May of 2007.
This
torture allegation trial done to Leonor Cipriano by the inspectors of the PJ is related with the "Joana Case", having the
mother and the uncle of the girl, Joao Cipriano, being condemned by the Supreme Court of Justice to 16 years each of prison
by the crimes of homicide and concealment of the corpse of the infant.
The accusations of the MP against the current
and ex-inspecting of the PJ arose in the sequence of the questionings to Leonor Cipriano, in the installations of the Police
department in Faro.
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Leonor Cipriano injuries differ from those photographed, 18 November 2008
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18 November 2008
Thanks to 'Astro' for translation
The doctor who attended Leonor Cipriano at the Odemira Health Care Centre a few hours after the alleged assault said
this Tuesday in court that the injuries he saw did not match the photographs taken of Leonor Cipriano.
Recognising that he was not an expert in forensic medicine, because he exercised general-practice, the doctor, who
gave his testimony via video-conference, affirmed that the injuries visible in the photo that he was shown trough that equipment,
did not match the ones that he saw previously.
The doctor was the second witness to be heard at the fourth trial session, after the court finished hearing the prison
employee who photographed Leonor Cipriano, and who was interrupted in the previous session of the trial, two weeks ago.
According to the doctor, Joana's mother had injuries in the facial area, frontal and temporal right and not on the left
side, as it appears in the photograph that was shown to him in the court, in which Leonor shows injuries on both sides of
the face, in the area of eyes.
Unique and strong blow on the right side
According to the doctor, although it is possible that there is a drainage of blood moving downwards after a few hours
of aggressions being inflicted, it is unlikely that this has happened, unless Leonor had been lying on her left side
down for several hours.
"What I saw was a unique and very strong blow on the right side," he assured, noting that in his opinion, it would be
"impossible" that the lesions would spread to the left side of the face, even because Leonor must have been sitting or standing
on that day and never lied down.
The doctor's from the Odemira Health Centre also said that Leonor Cipriano refused to show her body, alleging that it
had no more injuries beyond those who were present in her face and that it was not worthwhile for the doctor see her in more
detail.
Doctor suspected the fall off the stairs version
According to the doctor, although he relied on information given by the patient,
it was at that time that he thought that the explanation given for the lesions was strange - 'that she would have hit with
her head on the wall when she attempted to throw herself off the stairs to commit suicide' -, since a fall of that nature
would cause body lesions.
In the morning session today, the Director of Central Directorship for Fight against Banditism (DCCB) at the time, Jose
Ferreira Leite was also heard, who confirmed the departure of a DCCB team to the Algarve to reinforce the investigation.
Ferreira Leite affirmed that he did not know who was responsible for coordinating the operations of the case Joana, if
it was Goncalo Amaral or the
national joint director,
Guilhermino Encarnacao, since it was the directorship of Faro who decided
the actions on the ground.
At the end of the first part of the hearing, Rodrigo Santiago, the bar association (OA), who has constituted itself as
an assistant to the proceedings, filed a request asking to have in court the director of the National Institute of Forensic
Medicine (INML), for having specific knowledge of the forensic sciences.
Outside the court, the lawyer of Leonor Cipriano, Marcos Aragao Correia, reiterated its intention that the Public Ministry
(MP) deducts an accusation against Goncalo Amaral, in a separate process, for alleged torture, since he is the "primary responsible"
for the aggressions of which Leonor was allegedly a victim.
"The indictment was incomplete and I can not accept that the primary responsible for torture is not punished," he said
to journalists, still recalling the alleged false statements made in court by Goncalo Amaral and which received the request
for a criminal complaint, by the defence of Leonor.
The lawyer of Goncalo Amaral, António Cabrita, said that he prefers to wait and see whether or not the accusation
is going to be deducted and stressed that during the trial there was no change of the facts nor production of any evidence
justifying a new process.
The process over alleged torture of Leonor Cipriano by PJ inspectors is related with the "Joana case", where the little
girl's mother and uncle, Joao Cipriano, were condemned by the Supreme Court of Justice to a prison sentence of 16 years each,
over the crimes of homicide and concealment of the child's cadaver.
The Public Ministry's accusations against the present
and former PJ inspectors appeared following the questioning of Leonor Cipriano, in the building of that police force in Faro.
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The Leonor Cipriano case:
the sound does not match the picture, 18 November 2008
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The Leonor Cipriano case: the sound does not
match the picture SOSMaddie
By Duarte Levy
18.11.2008
Thanks to 'annaesse' for translation
According to the doctor at the Odemira Health Centre, where Leonor Cipriano had been
examined a few hours after the alleged assaults by PJ inspectors, the details he recorded at the time of the examination do
not match the bruises seen in the photos presented to the court in Faro.
The resumption of the trial of the five
PJ inspectors, accused of acts of torture against Leonor Cipriano, who was sentenced to 16 years in prison for her daughter
Joana's death, has thus been marked by a new witness statement that calls into question the authenticity of the photos.
"What I saw was a single, very heavy knock,
to the right side," the doctor stated, stressing that it would be possible for the bruises to the left side of the face to
have been done before his examination. According to the explanation given to the doctor by Leonor, the presenting injuries
to her face at the time of the examination were caused by a deliberate fall down the stairs, after her interrogation.
This is not the first time that the authenticity
of the photos, taken at the prison, has been called into question, because they show a Leonor Cipriano with bruises to both
sides of her face, in particular to her eyes.
A digital analysis, carried out by legal experts
at the request of the inspectors' defence, had already stressed the lack of reliability of the photos. Their low resolution,
the absence of date or time, rendered complex analysis impossible.
Leonor
was beaten in the prison itself and not by the PJ
A former cell-mate
of Leonor Cipriano, in statements exclusive to this blog, had already confirmed that Leonor Cipriano was indeed assaulted
in the prison after her return from interrogations by the PJ.
"The bruises
on Leonor Cipriano's face were not done by the inspectors (of the PJ)... she was well pasted in the prison after she arrived.
In prison nobody likes child killers," this former cell-mate of Joana's mother confirmed, about the assault within the prison,
stressing that there were never so many bruises on Leonor's face or body, thus contradicting the authenticity of the photos.
A former chief
prison guard had already come to the witness box to indicate unusual behaviour from the director of the prison, Ana Maria
Calado, verging on a strange relationship with Leonor. The prison governor had then allegedly suggested that he change a written
report about a few red marks on Leonor's face when she returned from her interrogation with the PJ. In the same report, also
gave account of Joana's mother's explanation about her bruises: according to her the red marks were indeed the result of falling
down the stairs after her interrogation.
Today, at
the request of the defence lawyers for the five PJ inspectors, the presiding judge agreed not to hear the witness statement
of the prison director, Ana Maria Calado. According to Me António Pragal Colaco, representing four of the five inspectors,
the request is based on the existence of evidence that the director of Odemira prison, Ana Maria Calado, would not be a credible
and impartial witness.
A letter from
a cell-mate, addressed to the authorities after the accusations made about the inspectors, reinforces this version: according
to this witness, Joana's mother had admitted to her cell-mates that she had fallen down the stairs, but that, after a meeting
with the prison director, she had changed her version stating having been tortured and that she was counting on pocketing
compensation.
A trial mainly targeting Goncalo Amaral
Marcos Aragao Correia, Leonor Cipriano's lawyer, now claims that the Public Minister is
authorising the opening of separate proceedings against the former inspector, Goncalo Amaral. According to the lawyer, the
former coordinator of the investigation into Madeleine McCann's disappearance, would be "the main perpetrator" of the alleged
assaults on his client. In statements to journalists as he left the court room, the lawyer, known for his connection to the
Madeleine McCann case, indicated that the indictment was incomplete as long as Amaral was not being tried as main perpetrator
and punished for the alleged acts of torture.
Five PJ inspectors are before the court in Faro, accused
by the Public Minister (MP) of various crimes: Goncalo Amaral, former coordinator of the Portimao Department of Criminal Investigation,
is accused of not having denounced the alleged assaults; Leonel Lopes, Pereira Cristóvao and Marques Bonne, are accused of
having tortured Leonor Cipriano in order to obtain a confession, while inspector Nunes Cardoso is accused of falsification
of documents.
Marcos Aragao Correia, who had already admitted taking
up the Leonor Cipriano case at the request of the Spanish detectives working for Kate and Gerry McCann - which Metodo 3 however
denied - continues to particularly target Goncalo Amaral in a trial where no one exactly understands what the role of the
former coordinator into Madeleine McCann's disappearance would be.
The alleged assaults took place in 2004, but it was
only in February 2008 that the court decided that Goncalo Amaral would also be tried alongside the other four inspectors,
this in spite of the fact that LeonorCipriano had always asserted that the former head of the PJ was not present at the time
of the events.
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