|
The McCanns arrive at court, 12 January 2010 |
Live text coverage of the the court appeal hearing, which lasted for 3 days: 12 January - 14 January 2010
Live text: Morning session, 12 January
2010
|
Live text: Morning session Sky News
By Jon di Paolo Tuesday January 12, 2010
8:40-- Good morning, i’m outside the palacio da justica in
lisbon where the mcann libel trial will take place.
9:03-- Camera crews and photographers are gathering outside
the court.
9:05-- The police have put barriers up outside
the court entrance - they're obviously expecting large crowds.
9:52-- The McCanns have arrived at court. Word
so far is that Goncalo Amaral is still yet to get here.
10:20-- We're in court awaiting the arrival of the
judge and legal teams. The McCanns are sitting in the front row at the centre.
10:23-- We're sitting two rows
behind the McCanns. The benches at the back of the courtroom are full of journalists from the UK and Portugal.
10:25--
The legal teams have arrived. Goncalo Amaral is sitting on one of the benches at the side of the court, around 15ft away from
the McCanns.
10:28-- On the wall above the judge's chair is a large 3D frieze depicting the judgement of Solomon
- complete with baby being held up by swordsman.
10:36-- A clerk carrying a large bundle of files has just come
in, but we're still waiting for the judge.
10:39-- The judge has arrived - a young woman! Proceedings should
now be able to get under way.
10:41-- One of the policemen set to give evidence will do so by video link tomorrow,
we are told.
10:46-- Mr Amaral's lawyer addresses the court, speaking very slowly and deliberately.
10:47-- Mr Amaral's lawyer has said that the McCanns should take the stand in order to answer questions.
10:47--
He is declaring the 'principle of contradiction' - the legal basis for Mr Amaral's argument to be made.
10:51-- The McCanns' lawyer replies that the couple are prepared to give evidence but only after Mr Amaral has done
so.
10:52-- The McCanns are having proceedings translated by interpreters seated either side of them.
11:00-- A new witness, Luis Frois, is being called by the McCanns' legal team on a date to be scheduled on the 14th.
11:01-- The mention of 'a date to be scheduled on the 14th' indicates proceedings are set to last longer
than the three days set for them.
11:07-- Mr Amaral's lawyers want a CD containing police case files to be
submitted as evidence because it would corroborate the claims in his book.
11:11-- The McCanns' lawyer is
arguing against allowing the police CD to be submitted to the court.
11:20-- The first witness is being called
by videoconference.
11:23-- It is the attorney who was in charge of the original inqury into Madeleine's disappearance,
Jose Magalhaes e Menezes.
11:25-- His testimony is marred by a high-pitched whine of feedback from the microphone
- and the fact the screen can't be seen by the public.
11:26-- The McCanns can't see the person giving
evidence. Mr Amaral can, but doesn't seem to be looking at him.
11:26-- Mr Amaral's lawyer is cross-examining
the witness.
11:37-- Mr Menezes is saying that English
police sniffer dogs were brought to Portugal to help in the search for Madeleine.
11:38-- He says that the decision
to make the McCanns 'arguidos' - suspects - was taken by the police and then confirmed by the public attorney.
11:39-- The decision to designate Kate and Gerry as 'arguidos' was taken after the sniffer dogs carried out
their searches.
11:40-- There were several possible charges that could have been brought against the McCanns: kidnapping
and selling a child were among them.
11:48-- The witness was asked what the probability was of Madeleine still
being alive. He replied that he thought it was 50/50.
11:55-- Mr Menezes said that a claim made by the McCanns
on the first day after Madeleine's disappearance was not true.
11:56-- The witness said that Kate and Gerry's
report that they had been checking on their daughter every half an hour was inaccurate.
11:57-- He claimed that
although the parents had been checking on Madeleine, it was not as often as every 30 minutes.
12:01-- Police intercepted
text messages sent by the McCanns because they were suspicious of the parents' role in Madeleine's disappearance.
12:02-- The text messages sent by Kate and Gerry were never admitted as evidence gathered as part of the investigation.
12:08-- Mr Menezes said he has not read the book written by Mr Amaral that triggered this case, Maddie: The Truth
Of The Lie.
12:18-- A report signed by Chief Inspector Tavares De Almeida said that Madeleine died in the flat
in Praia da Luz, the witness adds.
12:19-- Now it's the turn of the McCanns' legal team to cross-question
the witness.
12:24-- The McCanns' lawyer makes the point that 'evidence' usually sightings - has suggested
Madeleine is still alive.
12:25-- He says that the McCanns are not responsible for generating any of this 'evidence'
that their daughter is not dead.
12:26-- Another of the McCanns' lawyers moves to quiz the witness - literally.
She gets out of her seat and walks right up to the video screen.
12:33-- She says that the McCanns were always
totally prepared to come back to Portugal to take part in a reconstruction of the disappearance.
12:34-- The McCanns'
lawyer asks the witness whether he understands the title of Mr Amaral's book to imply some sort of dishonesty by the McCanns.
12:38-- Who suggested the checking of the McCanns' text messages, Mr Menezes is asked. The police, he replies.
12:39-- The text messages were never considered as part of the investigation because the judge did not allow it, the
court hears.
12:45-- The senior lawyer for the McCanns has approached them on the front bench of the public gallery
for a quick huddled conversation.
12:48-- He was involved in the case from the beginning, but taken off it in September
2007.
12:48-- Tavares de Almeida, chief inspector of police at the time of Madeleine's disapperance, has taken
the stand to give evidence.
12:51-- Mr de Almeida tells the court that he is still working as member of the Portuguese
police.
12:52-- He tells the court that British police took an active part in the investigation.
12:53--
He said the Portuguese detectives found the co-operation given by their British counterparts useful.
12:54-- The
British police told the Portuguese officers what the capabilities of the sniffer dogs being used in the investigation were.
12:56-- One of the dogs used to search the apartment in Praia da Luz identified blood and another identified the smell
of a human body.
12:58-- The dogs detected the traces inside the dining room of the holiday flat and in the car
the McCanns were using.
1:02-- The animals also found a scent on a piece of cloth in a flat rented by the McCanns
after they left the apartment where Madeleine vanished.
1:11-- A report by the British police stated that one of
the sniffer dogs was in a nervous, excitable state, and wanted to get into the room.
1:34-- British police would
have found it very difficult to charge the mccanns.
1:35-- De almeida: we were controlled by the british police.
1:36-- De almeida: british police kept information about the mcanns to themselves.
1:39-- De almeida: Forensic
lab technicians from birmingham came to portugal so it is strange concerns were raised about contamination.
1:53--
De almeida: british authorities other than police hindered investigation by withholding information.
1:54-- De
almeida: when we asked uk for info on mccanns we got a single side of a4.
2:05-- The mcanns' lawyer is getting
quite worked up in her cross examination of de almeida
2:09-- The mcanns' lawyer is rebuked for saying de almeida
was accused of torturing suspects - he was never charged.
2:10-- The court is adjourning for lunch. Back at 3pm
-----------------------
Screenshots of live text from the morning session.
Watch below for live coverage of the trial from Sky News Online's Jon di Paolo.
|
Live text: Afternoon session, 12 January
2010
|
Live text: Afternoon session Sky News
By Jon di Paolo Tuesday January 12, 2010
3:28-- We're back in court. The mcanns are here but mr
amaral is missing.
3:29-- Mr amaral has just walked in and we're under way.
3:33-- Inspector ricardo
paiva, of the portuguese police, has taken the stand.
3:34--
Insp paiva says he was the family liaison officer for the case but
was taken off at the mcanns' request.
3:45-- Paiva is asked whether he ever got the
impression from the mccanns they thought maddie could be dead. He says yes.
3:47-- Kate whispers
something in gerry's ear and gives him a little smile. He stays looking straight in front.
3:52-- Gerry has
put his arm round kate as they listen to paiva's testimony
4:03-- Paiva also says the mccanns were made suspects
after the british sniffer dogs were brought in.
4:04-- Paiva: there was total collaboration between british and
portuguese police on the case
4:09-- Paiva: it was scotland yard who first thought it could be a murder case.
4:09-- Paiva: amaral's theories are based on the facts of the investigation.
4:12-- Paiva: amaral's thesis has prevented other theories from being investigated.
4:13-- Paiva: mccanns
never pointed me towards any evidence that maddie was still alive.
4:16-- Mr amaral looks like he's dozing
off.
4:29-- Paiva: we found the 'merchandising' operation with wristbands
and so on very strange.
4:31-- Paiva: if she was being held somewhere publicity would be more likely to hasten
her death.
4:55-- The mcanns' lawyer is taking an aggressive tone as she cross-examines mr paiva.
5:08-- Proceedings have ended for today.
5:11-- Some confusion here- that wasn't the end of proceedings,
just a break before today's final witness.
5:29-- Ok, that's all we have time for. Back tomorrow morning.
Screenshots of live text from the afternoon session.
Watch below for
live coverage of the trial from Sky News Online's Jon di Paolo.
|
Live text: Morning session, 13 January
2010
|
Live text: Morning session Sky News
By Jon di Paolo Wednesday January
13, 2010
9:54-- Kate and gerry mcann are sitting outside the court, only a few yards away from where mr
amaral and his team are standing.
9:59-- Gerry mccann outside court: we've heard no evidence madeleine is dead.
10:00-- Gerry mccann: we're not denying the existence of the dogs, or anything else. It's evidence we're
interested in.
10:02-- Gerry mccann: this is the legal process we're going through to protect our daughter.
We're looking for more information to help the search.
10:03-- Gerry mccann: anyone else with children would
do the same.
10:15-- Mr amaral claimed victory outside court, saying the witnesses had borne out his argument.
10:38-- We're back in court. The first witness is moita flores,
former senior policeman and noted public figure.
10:41-- Flores: this case involves a question of freedom of speech.
10:44-- Flores is an acquaintance of amaral's and wrote the
preface to the sequel to his book about madeleine.
10:50-- Flores: PJ investigation was based on well-established
principles of police work adhered to all over the world.
10:54-- Flores: mcanns have been trying to convince police
since the beginning that abduction was the only line of inquiry worth pursuing.
11:02-- Flores: I have spoken to
respected experts on crime and none of them agrees it would be possible to pass a child through the window.
11:03--
Flores: It is not possible to ask an investigator anywhere in the free world to follow the abduction line only.
11:03--
Flores: We would all like to find Madeleine alive, but that is another thing.
11:03-- Flores: Our constitutional
rights cannot be attacked.
11:05-- Flores: The good name of the McCann family is not attacked by Mr Amaral's
book. The book is about the investigation.
11:11-- As on
the first day of the case, the McCanns are sitting on the front bench,
listening impassively to the proceedings.
11:12-- Flores: No judge should be able to order people not to think
about a case just because the police investigation has ceased,
11:17-- Flores: No-one should be allowed to steal
our constitutional rights - rights that were very hard to win. That is what this trial is about.
11:24-- Mr Flores
is being cross-examined by a lawyer from a Portuguese television company
that aired a documentary based on Mr Amaral's book.
11:26-- Flores: It is not true to say that the police only
pursued the line of inquiry that the McCanns were guilty.
11:26-- Flores: Many, many hours were spend by officers
checking out every other possible line of inquiry.
11:27--
Flores: A detective has to think about what went through the head of the victim and the criminal.
11:30-- Flores:
It would have been a very stupid person who tried to pass a sleeping child through the window of the McCanns' holiday
flat.
11:30-- Flores: The theory about passing the child through the window makes it seem as though someone is
trying to fool the police.
11:41-- The McCanns' lawyer, Isabel Duarte , is repeating the same question to Mr
Flores. Yesterday, she became quite impassioned on their behalf.
11:42-- The McCanns are both in conversation with
their interpreters. Gerry however looks relaxed and smiles as he talks.
11:47-- Flores: I worked in a different
part of the police to Mr Amaral but I know him from the investigation and I respect him a lot.
12:00-- Isabel Duarte,
the McCanns' top lawyer, leaves the bench and approaches the couple for a quick huddled chat before returning to the fray.
12:04-- Flores: This case is pathetic. A citizen is being prevented from freely expressing his opinions in a reponsible
way.
12:06-- Flores: The McCanns have every right to do everything they can beyond what the Portuguese police did
in order to find their daughter.
12:12-- Flores: The documentary (based on Mr Amaral's) book is a hypothesis
that believers take to be the truth.
12:13-- Flores: The book is autobiographical, it traces a period of Mr Amaral's
life.
12:16-- Flores: Sections of the British media spread propaganda about Mr Amaral.
12:20-- Glamorous
judge Maria Gabriela Cunha Rodrigues halts the cross-examination of Mr Flores by the McCanns' lawyer, saying it is not
relevant.
12:22-- Flores: It was a scandal to see such nasty portraits painted of the Portuguese investigators
by the British media.
12:27-- Flores: Mr Amaral was the victim of a smear campain. He is a good professional with
a good technical background.
12:27-- Flores: Mr Amaral was the co-ordinator of the investigation. He was not in
the field.
12:40-- Duarte: What does the title of the book (by Mr Amaral) mean? Flores: The book is a thesis, not
the absolute truth.
12:41-- The proceedings have adjourned for lunch. Back in an hour's time.
-----------------
Screenshots of live text from the morning session.
Watch below for live
coverage of the trial from Sky News Online's Jon di Paolo.
|
Live text: Afternoon session, 13 January
2010
|
Live text: Afternoon session Sky News
By Jon di Paolo Wednesday January 13, 2010
2:30-- Waiting outside the courtroom for the afternoon's proceedings to begin. Mr Amaral is here too, chatting
on a mobile phone.
2:41-- We're back in the courtroom,
as are the legal teams, Mr Amaral and the McCanns. No sign of the judge yet though.
2:42-- We're expecting
to hear from three witnesses involved in the publishing of the book this afternoon.
2:57-- Judge Maria Gabriela
Cunha Rodrigues has arrived, so the afternoon's proceedings can begin.
3:00-- Jose Manuel Enes, a former forensic
laboratory chief in the Portuguese police, is the next witness.
3:00-- Mr Enes is giving evidence in person, rather
than via video link as Mr Flores did this morning.
3:00-- Mr Enes has an associateship in chemistry and a doctorate
in anthropology, but has now retired from the police force.
3:04-- Mr Enes was interviewed by a Portuguese journalist
for a book about Madeleine's disappearance.
3:12-- Mr Enes says that the immense media interest in the Madeleine
case was unhelpful for the investigators trying to solve it.
3:13-- Mr Enes compared the Madeleine McCann case
to that of OJ Simpson, saying that allegations of contamination of evidence had compromised it.
3:15-- Mr Enes'
phone has just gone off, drawing laughter from the court. The judge
is smiling too as the clerk has to turn it off for him.
3:15-- Mr Enes tells the court he has been called to give
evidence in several courts and
3:17-- Sorry, that tweet should have read: Mr Enes tells the court he has been called
to give evidence in several other cases as an expert witness.
3:17-- Mr Enes says his conclusions are often relied
upon completely by the courts in which he gives evidence.
3:22-- Mr Enes: I strongly respect the convictions and
work of Mr Amaral.
3:22-- Mr Amaral has suddenly got up and walked out of the courtroom, causing a murmur among
the onlookers on the public benches.
3:37-- Mr Amaral has left the court building, stopping to give a few comments
in Portuguese before climbing into a waiting car.
3:39-- Mr Amaral said he was pleased with Mr Flores' testimony
earlier, adding that for the first time it had been explained why he wrote the book.
3:39-- Mr Amaral added that
he wrote the book to protect his honour and set the record straight.
3:40-- The former policeman said what he described
as a campaign against him in the British press is continuing.
3:40-- He added that he had only this morning been
described as 'incompetent' in one British newspaper.
3:43-- Right. Back to the courtroom. Mr Enes is still
giving evidence.
3:45-- Mr Enes says the Madeleine investigation was the victim of 'friendly fire' from
the media that hampered its course.
3:47-- Mr Enes says that just because people put forward their own theories,
it does not prevent other lines of inquiry being investigated.
3:49-- Mr Enes: Some parts of the book were put
too strongly - it's not the way I would have done it, but that's because I'm from another era...
3:49--
...the course of justice should not be diverted by books or films, it should be deaf and blind to them.
3:52--
Mr Enes has left the witness stand, and has been replaced by Mario Sena Lopes, former chief editor at the book's publisher,
Guerra e Paz.
4:01-- Mr Lopes tells the court that Mr Amaral's book had been ready to publish in the last week
of July 2008.
4:01-- The book was published very quickly to take most advantage of marketing
opportunities, the court hears.
4:05-- The marketing plan for the book was much smaller than normal,
because we are a small publisher, Mr Lopes tells the court.
4:46-- Sorry about the pause - we had a brief intermission
during which Gerry McCann left the court.
4:47-- Mr McCann held an impromptu press conference outside the front
of the court where he was beseiged by journalists' questions.
4:50-- He explained that he was leaving the court
case as he had unavoidable work commitments in the UK, but that Kate would stay on until the end.
4:50-- Despite
the avalanche of testimony favouring Mr Amaral over the past two days, Mr McCann seemed to be quite upbeat.
4:50--
"I think it's important that things have been debated in a court of law," he told reporters.
4:50--
"From our point of view, what happened here in the past few days is to be expected."
4:58-- "I think
it's particularly disappointing that the police officers who considered us responsible for Madeleine's disappearance...
4:59-- "...are the same officers that we are depending on to carry on the search for Madeleine."
4:59-- "The search for Madeleine is ongoing. We don't have any leads and we need to keep searching."
5:01-- Mr McCann added that mistakes were made during the investigation that now cannot be righted - but that was not the
point of the court case.
5:04-- "We made a mistake by leaving Madeleine alone in the apartment, and we have
to live with that. We can't change it," Mr McCann said.
5:04-- He also rejected the testimony yesterday
that Kate had had a dream about Madeleine lying buried somewhere, saying "that never happened"..
5:07--
"I hope that everyone remembers that there is a little girl missing that still has to be found," Mr McCann continued.
5:07-- "That's why we carry on. We have other children who miss Madeleine dearly."
5:09--
He added that although the testimony had favoured Mr Amaral's version of events, it still had not produced any evidence
Madeleine was dead.
5:10-- Mr McCann also rejected the charge that the trial was a bid to restrict freedom of speech, as has been claimed by Mr Amaral's supporters.
5:41-- That's
the last update from court for today. Back tomorrow morning.
Screenshots of live text from
the afternoon session.
Watch below for live coverage of the trial from Sky News Online's
Jon di Paolo.
|
Live text: Morning session, 14 January
2010
|
Live text: Morning session Sky News
By Jon di Paolo Thursday January 14, 2010
9:23-- Good morning. We're outside the courthouse for the third day of the mccann libel trial.
9:26--
We've had rain every day so far - but this morning the sun has come up and cast a rainbow over the court building. A good omen for someone?
9:35-- Cameras are out in force again
outside the court today - interest in the trial shows no sign of waning.
9:53-- Kate mcann has arrived at court.
She stopped briefly outside to speak to the waiting press pack.
9:53-- Mrs mcann said she was still confident
of winning the case.
9:56-- Kate mccann: there were mistakes made in the
investigation but we need to look forward really.
9:58-- Kate mccann: i believe this was the right
course of action. i have confidence in the portuguese justice system.
9:59-- Kate mccann: we need to find madeleine.
That's why we're here.
10:18-- We're back in court and proceedings are under way. Kate McCann is here,
but Gerry has flown back to the UK.
10:20-- Mrs McCann is sitting on the front bench of the public seating with Fiona Payne, a close friend and member of the so-called 'Tapas Seven'.
10:21-- There are far fewer people in the court today. Journalists, campaigners and members of the public packed
the benches for the past two days.
10:24-- There are only eight or so people other than Mrs McCann, Mrs Payne and
the McCanns' translators.
10:24-- Another notable absentee is Goncalo Amaral, the former policeman whose controversial
book sparked the libel action.
10:32-- The first witness is being called - Antonio Paulo Santos.
10:36--
Mr Santos is a lawyer and general manager for the video production association, a nationwide industry body,
10:38--
He is also an ex-investigator for Portuguese police, making him a colleague of Mr Amaral's, although they worked in different
departments.
10:38-- Mr Amaral has arrived in court and has taken a seat in between two lawyers.
10:39--
Mr Santos tells the court he considers himself an acquaintance of Mr Amaral's.
10:42-- The judge has stressed
that this hearing is separate to the action being brought by the McCanns for £1m in damages.
10:44-- She
stresses that this trial is solely about the publication and distribution of the book and the documentary upon which it was
based.
10:51-- Mr Santos is discussing the details of the contract between Mr Amaral and the makers of the documentary.
10:52-- Mr Santos: I read Mr Amaral's book and watched the documentary on television.
10:53--
Mr Santos: Mr Amaral never accused the McCanns of guilt, either in the book or the documentary..
10:57-- Mr Santos:
As a former policeman, I think Mr Amaral's conclusions are based on the evidence gathered during the official investigation.
10:58-- Mr Santos: Mr Amaral's personal honour prevented him from publishing the book before his retirement
from the police force.
11:00-- The contract between the documentary maker, VC Films, and Mr Amaral was signed in
March 2008.
11:02-- Mr Santos: While Mr Amaral was in charge of the investigation he came under attack from sections
of the British media.
11:03-- Mr Santos is becoming quite impassioned and raising his voice as he gives his testimony.
11:04-- Mr Santos: Sections of the British media portrayed Mr Amaral as an alcoholic.
11:04-- Mr Santos:
Mr Amaral was given no support by his superiors in the Portuguese police.
11:05-- Mr Santos: Mr Amaral was pursuing
the truth, and only the truth, no matter what conclusions it led to.
11:06-- Mr Santos: Mr Amaral decided to publish
the book to clear his professional reputation.
11:08-- Mr Santos: I am a father too. God prevent that I ever lose
any of my children. I understand the pain felt by the McCanns.
11:08-- Mr Santos: I don't think the book or
the documentary increased the pain felt by Madeleine's parents.
11:09-- Mr Santos: There is no greater pain
than losing a child.
11:10-- Mr Santos: If there is evidence that Madeleine has been seen, then the investigation
will be re-opened.
11:11-- Mr Santos: But up to now, none of the information published by the media has been strong
enough to make the police re-open the case.
11:14-- Mr Santos: The facts of the investigation can be found on
the internet and are available to everyone.
11:17-- Mr Santos: Pirate copies of the documentary based on Mr Amaral's
book were put on the internet and a copyright complaint was made to police.
11:25-- The McCanns' lawyer, Isabel
Duarte, asks Mr Santos if he remembers the colour of the first page of the police investigation file.
11:25-- Mr
Santos says he doesn't remember. Ms Duarte says she finds this strange.
11:30-- The judge is sitting slumped
in her chair, her chin resting on one hand as she listens to the exchanges between Ms Duarte and Mr Santos.
11:37--
Mr Amaral has got up and left the courtroom without any explanation.
11:45-- Mr Amaral has left the court building
through the back entrance.
11:47-- Carlos Coelho da Silva, TV director at VC Films, the production company behind
the film based on the Amaral book, has taken the stand.
11:48-- Mr da Silva says he has a professional relationship
with Mr Amaral.
11:49-- Mr da Silva: We reconstructed some scenes in order to facilitate the understanding of
the events surrounding Madeleine's disappearance.
11:54-- Mr da Silva: It was crucial that Mr Amaral was involved
in the production of the documentary.
11:56-- Mr da Silva: Mr Amaral's theory is that the McCanns hid Madeleine's
body.
11:57-- Mr da Silva appears uncomfortable under the line of questioning he is facing.
11:59--
Mr da Silva: The documentary is based on the book. I didn't add anything else.
12:02-- Mr da Silva: When we
consider making a new film we think in terms of profits, as we are a commercial
company.
12:07-- Mr da Silva: When we carried out a reconstruction I realised Mr Amaral's frustration
at the McCanns' account of Madeleine's disappearance.
12:17-- Mr da Silva: In my opinion, the documentary
does not provide the last word on the case. Its conclusion calls for further investigation.
12:23-- Isabel Duarte
asks Mr da Silva whether he has seen the official case files. He says no.
12:23-- Ms Duarte, the McCanns'
top lawyer, then asks how Mr da Silva can say Mr Amaral's book was based on the case, if he hasn't read the file.
12:29-- Isabel Duarte: Why didn't you include the public attorney's verdict that the conclusions arrived
at by the investigators were incorrect?
12:29-- Mr da Sliva: Because I was telling a story.
12:31--
Mr da Silva: Because I was telling a story.
12:32-- Mr da Silva has finished giving evidence and left the courtroom.
12:35-- Proceedings are breaking up for lunch.
------------------------
Screenshots of live text from
the morning session.
Watch below for live coverage of the trial from Sky News Online's
Jon di Paolo.
|
Live text: Afternoon session, 14 January
2010
|
Live text: Afternoon session Sky News
By Jon di Paolo Thursday January 14, 2010
1:33-- Kate mcann outside court: it has been shown again that there is no evidence to support amaral's claims.
1:34-- Kate mccann says having her friend fiona payne here has been a big support.
1:36-- Isabel duarte:
we knew we would open a pandora's box and that we had to face the enemy.
1:37-- Isabel duarte: the amaral
side is trying to do in civil court what it could not do in criminal court.
1:39-- There will be a further hearing
in this case on february 10 when two more witnesses are being called.
1:43-- Amaral says that if he loses this
case he will appeal to the supreme court and the european court of human rights.
1:49-- Amaral has denied a report
that he swore when speaking about the mccanns yesterday.
2:54-- The court has re-started for the afternoon session
- but Goncalo Amaral, Kate McCann and Fiona Payne are all absent.
2:58-- The McCanns' senior lawyer, Isabel Duarte, said during the lunchtime break that this is only the first part of the
injunction process.
2:58-- This week's hearings are only to decide whether the temporary injunction should
be sustained, ahead of a main trial for the full injunction.
2:59-- The judge may make a decision after hearing
the two extra witnesses on February 10, or she may take more time to consider her verdict.
2:59-- The final verdict
in this preliminary hearing will be released to the lawyers on each side but will not be made public.
3:01-- However,
it should be easy to tell who has won - by seeing whether Mr Amaral's book goes back on sale.
3:01-- Ms Duarte
also said she has made a an official complaint to the police about Mr Amaral, alleging that he has abused the legal aid system.
3:17-- Kate McCann and Fiona Payne have returned to the courtroom and resumed their positions on the bench at the
front of the public seating.
3:23-- Luis Cunha Velho, from Portugal's biggest TV channel, TVI, has taken the
witness stand.
3:24-- Mr Velho: The amount of people who saw the documentary based on the book was far smaller
than the audience for the McCanns' Oprah interview.
3:26-- Isabel Duarte (McCann lawyer): How many people in
Portugal saw the Oprah interview with the McCanns?
3:29-- Mr Velho: Not very many people saw the Oprah interview
because it was broadcast on cable television.
3:29-- Duarte: Did you know that the documentary was broadcast on
Madeleine's birthday?
3:29-- Mr Velho: No, I didn't know that.
3:31-- Duarte: Did you kow
the content of the documentary before it was broadcast?
3:34-- Velho: No.
3:34-- Duarte: Why was your
channel interested in the documentary?
3:34-- Velho: Because we wanted a documentary about the case.
3:36-- Mr Velho's testimony has ended and he has left the court.
3:36-- The next witness to take the stand
is Paulo Soares, another executive from TVI.
3:39-- Soares: We tried to buy the documentary produced by (British)
Channel 4 but were unable to.
3:42-- Soares: I received an email from a British production company advising me
that they were going to produce another documentary on Madeleine.
3:44-- Soares: I took the email in to the usual
weekly executive meeting in order to decide whether or not to buy it.
3:45-- Soares: I did not know what material
the British documentary contained.
3:47-- Soares: I heard the McCanns were involved in the production of the documentary.
3:48-- Soares: Though there were lots of cameras in the Algarve there was no in-depth analysis of the case.
3:56-- Soares: Suddenly, the production firm lost interest in selling the documentary, because the McCanns didn't want
it broadcast on our channel.
3:59-- Soares: Channel 4 bought the rights to the documentary, which covered its
broadcast in Portugal.
4:01-- Soares: The deal with Channel 4 would have restricted the amount of time available
for us to broadcast the documentary.
4:01-- Soares: That's why we chose the Portuguese documentary instead.
4:03-- Soares: We had allocated a specific time slot to broadcast a documentary about Madeleine - whether it was
the British or Portuguese version.
4:05-- Soares: The marketing and communication plan was unaffected by the version
chosen.
4:26-- The McCanns' lawyer, Isabel Duarte, is cross-examining Mr Soares on the subject of the channel's
decision-making.
4:47-- Proceedings have been put on hold for a short break.
4:58-- Kate mccann has
left court. She said she believes in portuguese justice and these proceedings will go a long way to help find madeleine.
5:21-- We're back in court and Ana Teixera, international programming director for TVI, is the next witness to
take the stand.
5:23-- She tells the court that the channel's general programme director had wanted to buy
the Channel 4 documentary on the mccanns.
5:26-- Teixera: They signed the deal to screen the Channel 4 documentary,
but a time slot was not assigned. It was pencilled in for 9.15pm.
6:00-- Teixera: A few days later we received
a call from Channel 4 saying the documentary was not to be sold to TVI because the McCanns opposed it.
6:04-- Teixera:
We requested via their lawyer that the McCanns take into consideration the fact that TVI is Portugal's biggest broadcaster.
6:06-- Teixera: We then acknowledged that another Portuguese channel, SIC, was going to broadcast the documentary.
6:06-- TVI tried to stop the broadcast by SIC but their attempt was rebuffed by a court.
6:08-- Teixera:
All this means that TVI did everything it could to broadcast the documentary.
6:10-- Teixera: There are three main
reasons to broadcast both documentaries.
6:11-- TeFirstly, audiences; secondly, two versions of the case; thirdly,
to prevent rival channel SIC getting the audience share.
6:13-- Teixera: Firstly, audiences; secondly, to get two
versions of the case; thirdly, to prevent rival channel SIC getting the audience share.
6:13-- Proceedings are
finished and will start again on the 10th of February.
-------------------
Screenshots of live text from
the morning session.
Watch below for live coverage of the trial from Sky News Online's
Jon di Paolo.
|
|