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PostPosted: Thu Nov 11, 2010 4:26 pm 
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If the lawyer walked into WH Smith and helped herself to books it is illegal and she is a thief.

If the court originally ordered the publishers to hand them over to her and she is now refusing to return them when instructed by the court, that is also illegal.

Past reputations are entirely irrelevant.

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PostPosted: Thu Nov 11, 2010 4:48 pm 
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Ok, now that I have a sensible answer to one of my questions. You say that there is an article in the public domain confirming that there is a court order for the McCann’s lawyer to surrender the 10,000 or so books back to the publishers? I have no knowledge of the article that you refer to, hence my original question, which I clearly stated that I was confused on. The recent ruling overturns the original one of banning the publication. However and as I understand the present position, the acting lawyer for the McCanns has filed or considering filing a motion to overturn the last ruling. Therefore, whilst litigation is going on, she will no doubt apply the 9/10th of the law on possession rights .......e.g..and it may well be that whilst litigation is going on she is not obliged to surrender any assets e.g. the books. The Mccanns lawyer will be fully abreast of what she is permitted to do or not and no doubt if the need arose, would seek sanction of her actions from her regulatory body the Ordem dos Advogados.Ali


Last edited by Ali Gator on Thu Nov 11, 2010 4:59 pm, edited 1 time in total.

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PostPosted: Thu Nov 11, 2010 4:53 pm 
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On reading the above post again it states "if"? Therefore, is there or not an article in the public domain, which states that a Portuguese court has ruled that the lawyer of the McCanns has to surrender the books back to the publishers ? Ali :?


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PostPosted: Thu Nov 11, 2010 6:31 pm 
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The McCanns, The McCanns' lawyer, The McCann book Trustee and a simple question Joana Morais blogspot

Paulo Sargento
10 November 2010
With thanks to Joana Morais for translation

It is widely known that the McCann couple were in Lisbon today, in a meeting with their legal representative, the Hon. Madam Lawyer Isabel Duarte, and, as far as I am able to tell, with the Director of the public relations company "Lifting".

The McCann couple has launched an online petition for a review of the process, allegedly, because they know that "there is important information, to which they do not have access, that is in the possession of the British and Portuguese authorities".

Now, this question is vitiated [made void] by an immeasurable fallacy: how does one assure the importance of information to which one does not have access? As far as it is known, the information the authorities possess about the case is either in the process or in the possession of the Public Ministry, to whom several suggestions were given regarding investigational steps to matters that were not carried out.

On the other hand, the figure of the process review in our legal system has, necessarily, criteria, which are not met in the case in question.

Finally, I would like to leave a few words concerning the attitude of Hon. Madam Lawyer Isabel Duarte.

Indeed, the most excellent Madam Isabel Duarte has every right to present the appeals that she deems adequate, though of doubtful admissibility, and even, of appealing to the European Court of Human Rights. She has the right, I repeat!

However, she has the duty, even more due to the fact of her being a candidate to the Supreme Council of the Bar Association, to comply with a ruling from a superior court, as is the case of the Appellate Court.

The illustrious barrister is not, therefore, above the Law. Actually, it would be better not to go beyond her role as a Lawyer, like when she attempted, at least three times that I have witnessed, to influence the contents of television programmes where the subject of discussion was the Maddie case, recalling the injunction and the consequences of its disrespect.

As to the appeal (which would only be allowed under the standardisation of jurisprudence), what is left is to remember that it does not have any suspensive effect on the Appellate Court's decision.

Thus, unless something has happened to the books that she has been entrusted with, I do not see why she does not return them.


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PostPosted: Thu Nov 11, 2010 8:00 pm 
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It's very simple:

1) The court ordered all the books off the shelves and any remaining copies in the publisher's warehouse to be entrusted to the McCanns lawyer as a "providência cautelar", that is, something to prevent eventual harm to be done to someone while the court decides who is right or wrong about a certain matter (X says that Y stole something from them, Y says that X gave it to them, X convinces the court that Y is about to sell the thing, the court orders Y to entrust the thing to whoever while they untangle the case).

2) Amaral, the publisher and the video company appealed

3) The court said that Amaral was right (not the others) and ordered the McCanns's lawyer to release the books

4) There is normally no recourse from this appeal, but the McCann's lawyer invokes some probably unlikely point of law to appeal and she considers that, as is the general case, everything is frozen until her appeal is answered, which means that she doesn't surrender the books

5) I'm no lawyer, but this looks like the appeal court will refuse the appeal, in which case she will have to surrender the books

6-A) She will surrender the books, having managed to stall for as long as possible

or

6-B) She has had the books destroyed, in which case there is going to be another lawsuit, etc, etc

I find 6-B rather unlikely, because she would be risking a lot professionally, and 6-A very likely because that is what lawyers do all the time as long as they are paid

Isabel Duarte is a specialist in freedom of press and she is taking the opposite side this time. She might not be in her comfort zone. She is playing (or even overplaying) the emotional card but, at least this court, didn't follow her at all.


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PostPosted: Thu Nov 11, 2010 8:05 pm 
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Lobby, Yes I am with you on most points. A good post imho. Ali :wink:


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PostPosted: Thu Nov 11, 2010 8:48 pm 
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Just read this in a comment to the article of Sol:

Quetzal
11.11.2010 - 10:27

A PJ já há cerca de três meses sabe exactamente o que aconteceu a Maddie e a onde esta o corpo enterrado em Espanha ,porque não reabre o processo e interroga a serio Gerri MacCan?parece que quem denunciou ainda sofreu ameaças ......porque será ?Os amigo dos MaCcan já não estão no governo!O freeport terá algo haver em troca???? se não podem mexer-se,Entreguem o caso a policia Espanhola!

Could very well be rubbish, but the "around 3 months" is interesting. And all the important things in this case (and others) happen behind the scene.


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PostPosted: Fri Nov 12, 2010 8:45 am 
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Ali Gator wrote:
On reading the above post again it states "if"? Therefore, is there or not an article in the public domain, which states that a Portuguese court has ruled that the lawyer of the McCanns has to surrender the books back to the publishers ? Ali :?


I have no idea whether such an article has been published Ali - hence the use of the word "if".

Even if there was such an article I am not sure whether I would believe it. As I said in an earlier post yesterday (to which you agreed) "I have to say that it now takes a leap of faith to believe any reports on this bizarre case."

Similarly I do not blindly believe press reports about her past reputation.

Nevertheless IF she is witholding the books in defiance of a court order then she is breaking the law.

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PostPosted: Fri Nov 12, 2010 9:27 am 
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itsmeagain wrote:
Ali Gator wrote:
On reading the above post again it states "if"? Therefore, is there or not an article in the public domain, which states that a Portuguese court has ruled that the lawyer of the McCanns has to surrender the books back to the publishers ? Ali :?


I have no idea whether such an article has been published Ali - hence the use of the word "if".

Even if there was such an article I am not sure whether I would believe it. As I said in an earlier post yesterday (to which you agreed) "I have to say that it now takes a leap of faith to believe any reports on this bizarre case."

Similarly I do not blindly believe press reports about her past reputation.

Nevertheless IF she is witholding the books in defiance of a court order then she is breaking the law.


Not really. She introduced an appeal (eventually a silly one but I don't think there is any punishment for lawyers that clog the courts with silly appeals, although I think there should be) so she says she is waiting for the answer of the Supreme Court. Who will eventually refuse to hear the appeal, but in the meantime she has postponed the release of the books for 1) keep trying to choke Amaral financially; 2) allow time for the McCanns to keep the lead in the narrative.

I suspect the other party knows perfectly well what she is doing (nothing illegal) but this story has always run two parallel courses, in the judiciary and in the media. Ultimately, the judiciary will take over but in the meantime we are treated to all sort of smoke and mirrors.


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PostPosted: Fri Nov 12, 2010 10:04 am 
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McCanns take Amaral book fight to the Supreme Court Algarve Resident

Isabel Duarte
By CHRIS GRAEME
updated: 11-Nov-2010 18:58:56

The Lisbon lawyer representing the McCann family in their bid to obtain a permanent injunction on a former police chief's book alleging that Madeline McCann died on the evening of May 3, 2007 in the family's holiday apartment at Praia da Luz in the Algarve, says they will take their fight to the Portuguese Supreme Court.

Isabel Duarte, the Portuguese lawyer representing the McCann family in the case, confirmed that despite the ruling the book could not go back on sale until a final decision had been made by the Portuguese Supreme Court.

Speaking in Lisbon on Wednesday, November 10, Gerry McCann said that the Lisbon Court of Appeal's decision to overturn a Lisbon Civil Court ruling earlier this year to prohibit the publication of ex-inspector Gonçalo Amaral's book Maddie - the Truth of the Lie was "a disappointment and a setback and one battle lost on the way".

He told the Algarve Resident: "Our attention is focused on searching for our daughter and we can't lose sight of this objective. This matter has been placed in the hands of our lawyers and has not been definitively decided."

Isabel Duarte said that the essential facts had "not been called into question" and these in essence were the fact that the book was published to make money, had inflicted pain and suffering on her clients and had impeded the search for Madeleine through the non-proven suggestion in the book that Madeleine had died in the apartment on the night of her disappearance.

The decision to overturn an earlier injunction maintained by a Lisbon Civil Court over the publication of the book was made in September.

Lisbon's Court of Appeal ruled in favour of the former police chief who led the investigation into the disappearance of Madeleine McCann and his right to publish his thesis into what he believed had happened to Madeleine McCann on the night of her disappearance in 2007.

The appeal judge ruled that the "contents of the book did not offend any of the fundamental rights" of the complainants and "the exercise of its writing and publication is contained within the constitutional rights assured for all by the European Convention of Human Rights and by the Constitution of the Portuguese Republic".

In September 2009, following a temporary injunction was successfully applied for by and granted to the McCanns against the publication of the book and the distribution of a TVI TV documentary programme, the Lisbon Civil Court maintained the injunction on the sale and distribution of the book and TV recording.

But the Appeal Court judges made harsh criticisms that the Civil Court ruling had impinged on Gonçalo Amaral's "constitutional and universal right to express his opinion, in any form, (written, interview, analysis or commentary) about what he had written in the book" as well as "restricting his opinion and freedom of expression".

Isabel Duarte said that she had lodged an appeal on November 5 against the Court of Appeal's ruling at the Supreme Court of Justice.

If the McCanns lost that appeal, she said, they would take the case to the international courts.


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