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PostPosted: Fri Nov 12, 2010 1:42 pm 
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lobito wrote:
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.


The issue here is whether Duarte can hold on to the books in defiance of a court order purely because she has lodged an appeal. This does not seem like justice to me – as we stand the guy has won his case.

By the same token Amaral could surely have demanded return of the books whilst his appeal was pending.

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PostPosted: Fri Nov 12, 2010 2:28 pm 
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As far as I understand, a providência cautelar stays in place until the final decision or until it is overturned on appeal. Amaral could not ask for his books back "in the meantime", as it is an emergency procedure.

Also as far as I understand, the decision of second instance on appeal does not have recourse to the third instance but Isabel Duarte is trying it anyway (on some grounds that sound really strange to me, but what do I know?). She is invoking that appeal to refuse to give back the books.

It definitely looks like playing for time to me, but nothing illegal. But we will see in due time...


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PostPosted: Fri Nov 12, 2010 8:25 pm 
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lobito wrote:
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.

I am only guessing...
I have no idea where the books suppose to be kept all this time but it woudnt surprise me if they were destroyed even unknown to the layer.
And now she has to wiggle like an eel, being left on the frontline by MR & MRS MC.

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PostPosted: Sat Nov 13, 2010 10:17 am 
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Perhaps they're related to Terry McCann.

The world is your lobster Terry :)

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PostPosted: Sat Nov 13, 2010 10:40 am 
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lobito wrote:
Just read this in a comment to the article of Sol:

Quetzal11.11.2010 - 10:27A 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.

Bom Dia Lobby,
I think don't you, highly unlikely? However, as you so rightly say, only time may tell. Ali :(


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PostPosted: Mon Nov 15, 2010 7:59 am 
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News report this morning that the parents are going to publish their own version of events.
Their fund needs the money maybe , just maybeit will result in positive leads.


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PostPosted: Mon Nov 15, 2010 9:05 am 
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http://www.bbc.co.uk/news/uk-11754319

Is anyone going to defend the McCanns for publishing their own book whilst suppressing Amaral's?

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PostPosted: Mon Nov 15, 2010 9:18 am 
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"Kate McCann, 42, said: "My reason for writing is simple - to give an account of the truth."

At last, the truth?.


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PostPosted: Mon Nov 15, 2010 12:21 pm 
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Ingles wrote:
"Kate McCann, 42, said: "My reason for writing is simple - to give an account of the truth."

At last, the truth?.


We'll have to wait and see. Best not to judge until she's had her say.


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PostPosted: Mon Nov 15, 2010 1:55 pm 
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Trouble is will we recognise the truth when we see it


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