Kate McCann “How Do You Prove Innocence?”

Gerry McCann “It Was Like Dining In Your Backgarden”

Libel Trial Day 2. Flores: Our constitutional rights cannot be attacked

Posted by Stevo on Jan 13th, 2010 and filed under Famous Articles. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry

Once again, courtesy of Sky’s Jon di Paolo and his twittering:

9:54: Kate and Gerry McCann 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 is 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: McCanns 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 responsible 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 campaign. 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.
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.
3:17: 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 besieged 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.

Leave a Reply