Best translation I have found - so far 30 April

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Best translation I have found - so far 30 April

Post  PeterMac on Thu 30 Apr 2015, 3:43 pm

I don't want to clog up the other discussion thread, so I have taken the liberty of putting this on a new one.
I have borrowed it, obviously !
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This is a somehow rushed summary of the verdict together with translation of some parts of it. The verdict will be fully translated but for now , apologies for the bad English and incomplete version.

As a comment I would only like to add that the Judges decision does not, at any point , consider the book to be untruthful. In fact the court considers the book to be factual as per the investigation and also states that the book revealed nothing new. all the matters covered were in the case files, made public prior to the book release and factual.

Faced by a conflict in between two conflicting rights in this specific case ( freedom of expression and opinion and the right to a good name and honour ) the court resourced mainly to jurisprudence (both national and international) as well as to Portuguese Civil Law to decide that the right to one's good name and honour should prevail in this case.

As a note, it is important to remember that lifting an injunction that banned the sale and distribution of the book was decided by a Superior Court (Tribunal da Relação) .
This is also Jurisprudence and in Portuguese Law, the decisions of superior courts are also law and are binding for a first instance court . It will probably be an interesting point to check when an appeal is submitted. However since this was a reply by the Relação Court to an injunction I am not 100% sure as to the ins and outs of the decision being or not Jurisprudence and , tehrefore, law. A professional legal person will have to look at it and decide on this one.

Summary

WHAT WAS REQUESTED BY MCCANS in representation of their children Kate Marie Healy McCann, GERALD PATRICK MCCANN, married , doctors, for them and in representation of their children MADELEINE BETH MCCANN , SEAN MICHAEL MCCANN and AMELIE EVE MCCANN , residents in xxx have instituted the following declarative action , under the form of process , against GONÇALO DE SOUSA AMARAL, resident in xxx. The Applicants have requested that, based on the proceeding action the accused is convicted to the following:

I-Payment to each of them of damages with a global value not inferior to 1.2 million Euros , being 500.000 Euros to the 3rd applicant (MBM), 100.000 Euros each for the 4th (SMM) and 5th (AEM) applicants and 250.000 Euros each for the 1st (KM) and 2nd (GM) applicants.

II – to pay retroactive interest, at the legal rate, on the value of the above mentioned amounts since the date of the citation till the payment is fully settled.

III – To pay emerging material damages, comprising of all the costs that may be liquidated in the execution of the sentence and that are directly and necessarily inherent to the judicial initiatives that are deemed necessary or that have been or will be carried out with grounds on the contents, interviews and news texts mentioned in the official documents / files.
IV – That the convicting sentence be published (extracts) at the convicted expenses, for two consecutive days in one of the most read newspapers in Portugal and one of the most read daily UK newspapers and also to publish the said convicting sentencing (extracts) and only once in one of the most read weekly newspapers in Portugal and in the UK, chosen by the authors (MCCANN family)in the 15 days immediately subsequent to the final the judicial decision (trânsito em julgado Res Iudicata , please note that this concept is different in Common Law systems and in Civil Law systems)

V – To pay the court fees, including the fees of its authorised representatives

Who are they bringing the law suit for damages against

GONÇALO DE SOUSA AMARAL
GUERRA /PAZ publishers
Valentim de Carvalho
TVI

THE APPLICANTS REQUEST

I – Prohibition of the sale of the book and an that an order is issued to collect and destroy books and videos still in bookshops or warehouses and that they appoint their authorised representative as the trusted receiver and that the defendants should be notified of that collection

II – That all defendants are prohibited of making new copies of the book and video, even on the internet, or other books or videos that defend the same theory and are meant to be sold or divulged in Portugal.

III - Prohibition for all the defendants to freely or onerously concede/ pass , in any form, of the the publishing rights or author rights of the contents of the book or video or other books or videos about the same theme for publishing of the same in any part of the world.

IV- the prohibition for the defendants that by any means, including the internet, of quoting, , analysing or commentary , express or implicit, verbally or in writing of parts of the book or video that defend the death theory of the 3rd applicant or the concealment of her body, in any part of the world.

V- That all defendants are prohibited, in any form , including the internet of commentary or reproduction of commentary , opinion or interview where such thesis is defended or may so be deduced.

VI - the prohibition for all defendants and, in any possible form, of publishing or issuing declarations, photographs or other documents connected to the book, the video or the theory in any means possible ,including the internet.

VI (VII) -That the convicting sentence be published (extracts) at the convicted expenses, for two consecutive days in one of the most read newspapers in Portugal and one of the most read daily UK newspapers and also to publish the said convicting sentencing (extracts) and only once in one of the most read weekly newspapers in Portugal and in the UK, chosen by the authors (MCCANN family)in the 15 days immediately subsequent to the final the judicial decision (trânsito em julgado Res Iudicata , please note that this concept is different in Common Law systems and in Civil Law systems)

VII (VIII )– that the defendants are convicted to pay a compulsory and deterrent pecuniary fine for the above mentioned circumstances in an amount not inferior to 100.000 Euros (one hundred thousand Euros per each act of non compliance of the prohibition or impoundment of the books and videos

VII (IX) - That the defendants are convicted to pay the judicial fees , including the fees of their legal representatives

Defendants OPPOSED invoking as per below:
TVI – Freedom of Expression and Freedom of Press
GA – Freedom of Expression and opinion as per the article 37 of the Portuguese Constitution
VALENTIM DE CARVALHO – That they had given the trading, distribution exhibition and broadcast rights to a 3rd party and had not sold or edited any video
GUERRA E PAZ - The book is factual and is in the public interest and there are other books and press documentaries about the “Maddie Case”

WOC
On the 20th May 2014 the procedures were suspended so that the Applicants could obtain the documents allowing them to bring this case in representation of the 3rd applicant (MBM) - This is referring to the WOC . The court registered the lack of permission by a court in the UK regarding MM WOC status. The applicants added a certificate issued by the Family Division of the High Court for Justice (21.03.2014) authorising the parents to represent the minor in proceedings related to the book and media activity related to the same. They also had in their power (since the 16.07.2010) a decision from the same court that authorizes the minor Madeleine Mccann to be an applicant in this case against the 4 defendants.
On the 11th of February the applicants, Gonçalo Amaral, Guerra e Paz, presented the following law allegations in writing:

A) The APPLICANTS invoking that their constitutionally guaranteed rights are superior to the eventual freedom of expression that the defendants may benefit from . That the book and remaining pieces covered in this suit are not information and aim at transforming the theory of their responsibility on the death of the applicant Madeleine and the concealment of her body in the “result “ of the criminal investigation. That Gonçalo Amaral violated his duties to which he was obliged while an inspector of the Polícia Judiciária.

B) The defendant, Gonçalo Amaral for the dismissal of the requests, stating that the book was written to defend his personal and professional honour. That it wasthe applicants that breached the safeguard of their private life, image and good name and that the book describes the facts constant in the investigation.
C) The defendant Guerra e Paz, for the dismissal of the suit brought against them arguing the illegality of the requests in a Democratic State of Law and because the book is an exercise of freedom of opinion, expression and information.
There is a list of 84 proved facts (a wide combination in favour of the Applicants and the defendants) and a list of 13 non proved facts (these against points alleged by the Mccanns with maybe the exception of point L re GA’s retirement date) These points will be translated at a later date since they are quite extensive so do bare with me.

JUDGES FINDINGS and SUBSTANTIATION OF the SAME SUMMARY

Questions to be decided

After proceedings the question to be answered is the following:
The book written by Gonçalo Amaral , the adaptation of the book for audiovisual (referred to as documentary from now on) and the interview given by Gonçalo Amaral are these illegal acts or against the law in the scope or article 484 of the Civil Processual Code?

In attempting to reply the judge will go through the following steps:

I. The contents of the book , documentary and interview
II. The conflict, in this particular case, between freedom of expression and the right to the good name and reputation of the applicants.
In case the court concludes it illicit it is important to establish the following:
III. If damages are proved that are connected in a cause effect relationship and, if affirmative, what amount should these be compensated for.
IV. If the requests presented by the applicants in the damages suit are adequate to the removal of the effects of the committed illicit.

Point I – The book is reporting facts that were present in the investigation and there is nothing new there and can, in fact, be confirmed in the report of Chief Inspector Tavares de Almeida (n9) and was pursued in the investigation process (ns 10 and 11), resulting in the constitution of Arguidos of the applicants and this was presented to the media and to the general public through the publication of the copy of the Investigation. (n 65 and 66)

The Judge considers that the element to be analysed here is the relationship between the defendant Gonçalo Amaral and the investigation. She concludes that the defendant is not a mere commentator and was the coordinator of the case. The judge also mentions the date of the archiving of the investigation and the date of the book launch, only 3 days apart.

Point II – At the centre of the case, there is a conflict between two existing rights. The applicants (KM and GM) right to third good name as well as the presumption of innocence and the freedom they were always entitled to and the right of the defendant of freedom of expression, in the specific sense he is entitled to a right of opinion.

The judge then resources to jurisprudence , mainly by the European court of Human rights to weigh the balance between the two rights and which should prevail when conflicts between these two rights exist.

The following is a list of jurisprudence and studies the judge resourced to in order to reach her decision :
Universal Declaration of Human Rights (12, 16, 29 -n2)
European Convention for the protection of human rights
European court for Human Rights (she stresses article 8 number 1 of the Portuguese Constitution regarding the reception of international laws)
British cases (Allen C)
German Cases (Karaman c)
Civil Code
CRP
Portuguese Jurisprudence as in several decisions of the superior Courts (Both Relação and Supreme Courts)

After weighing all the law points and jurisprudence regarding the “conflict” of rights the judge states that Gonçalo Amaral was the coordinator of the case, that even after retired he had a link to the public sector and his former position and this came with duties and one being the “duty of reserve” that he still had even after retirement when these are not public. However the judge considers that the defendant stresses his former position both in the book and documentaries and that also due to the reduced time between the archival of the case and the publishing of the book (3 days) , the judge considers that he was not in possession of the totality of his right to freedom of expression.

In this case, the judge considers that it is the freedom of expression that must submit to the right to honour and good name.

She then considers the actions of the defendant illicit within the scope of article 484 of the Civil Code.
She decides the following:
There was no harm done to the investigation into the disappearance of MBM
None of the other Applicants have suffered (MM, SM and AM)
The Applicants S and A had no contact with these events
The only parties to be compensated are GM and KM
250.000 euros each Kate and GM a total of 500.000
Retroactive interest to be paid on this amount
No need for defendants to publish verdicts in the newspapers because both Applicants have an extensive media team

THE REMAINING SECTION IS STILL FROM GOOGLE TRANSLATE SO I would ask for your kind patience until we can basically translate the whole document properly.

I. Judging remedied the irregularity of representation of MADELEINE McCann BETH author in accordance with article 29, paragraph 1 of the Code of Civil Procedure and, therefore, dismiss the objection raised by the defendant GONÇALO AMARAL.

II. Declared partly the claims made in the main action by the authors KATE MARIE PATRICK HEALY McCann and Gerald McCann against the defendant GONÇALO AMARAL, and to that extent, the second sentence to pay each of the first indemnity the amount of Euro 250,000.00 (two hundred and fifty thousand euros) plus default interest at the statutory rate of interest civilians, since January 5, 2010 until full payment.

III. Dismiss the other requests made in the same action, the authors KATE MARIE PATRICK HEALY McCann and Gerald McCann against the defendant GONÇALO AMARAL and the same acquit the defendant.

IV.Fully judge rejected the requests made, in the same action, the authors MADELEINE BETH McCann, Sean Michael McCann and McCann AMELIE EVE against the defendant GONÇALO AMARAL and the same acquit the defendant.
V. Declared partly the claims valid in attached action, the authors KATE MARIE PATRICK HEALY McCann and Gerald McCann against the defendants GONÇALO AMARAL, WAR & PEACE, EDITORS, SA and VC - OAK-FILM VALENTINE, AUDIOVISUAL, SA, and in the same measure:

a) prohibit the defendants Gonçalo Amaral and War and Peace, Editor, SA selling book "Maddie - The Truth of the Lie" and condemn them in the collection, for delivery to the authors, within sixty (60) days after res judicata, of copies of this book that still remain in bookstores, other retail outlets, warehouses and warehouses.
Proc.Nº 1454 / 09.5TVLSB

b) prohibit the defendants Gonçalo . Amaral and War and Peace, Editor, SA execution of new editions of the same book

c) prohibit the defendant VC - Oak-Movies Valentine, Audiovisual, SA execution of new editions of the DVD "Maddie, The Truth of the Lie".

d) prohibit the defendants Gonçalo Amaral, War and Peace, Editor, SA and VC - Oak-Movies Valentine, Audiovisual, SA, respectively, of the transfer, onerous or free, any form of copyright and book publishing and DVD.
and) order, each of these defendants, the penalty payment of EUR 50,000.00 (fifty thousand euros) for each offense of the above prohibitions.

VI. Judge over the rest of unfounded the claims made in the action attached by the authors KATE MARIE PATRICK HEALY McCann and Gerald McCann against the defendants GONÇALO AMARAL, WAR & PEACE, EDITORS, SA and VC - OAK-FILM VALENTINE, AUDIOVISUAL, SA and same acquit the defendants.

VII. Judging fully rejected the claims made in the attached action against TVI defendant - INDEPENDENT TELEVISION, SA, the same acquitting the defendant.
VIII. Judging fully rejected the claims made in the attached action by the authors MADELEINE BETH McCann, Sean Michael McCann and McCann AMELIE EVE.

IX.Judging unchecked (subject to incidental sentence imposed in the order of 20 May 2014) the litigation in bad faith of either party.

X. Condemn the perpetrators KATE HEALY MARIE McCann, GERALD PATRICK McCann, MADEILENE BETH McCann, Sean Michael McCann and McCann AMELIE EVE and the defendant GONÇALO AMARAL the expense of the main action in the proportion of 58.30% for the former and 41.70% for second, in accordance with paragraph 1 of article 527 of the Civil Procedure Code.

XI.Condemn the perpetrators KATE HEALY MARIE McCann, GERALD PATRICK McCann, MADEILENE BETH McCann, Sean Michael McCann and McCann AMELIE EVE and defendants GONÇALO AMARAL, WAR & PEACE, EDITORS, SA and VC - OAK-FILM VALENTINE, AUDIOVISUAL, SA at the expense of attached action in the proportion of 50%, in accordance with paragraph 1 of article 527 of the Civil Procedure Code.
Proc.Nº 1454 / 09.5TVLSB

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Re: Best translation I have found - so far 30 April

Post  Guest on Thu 30 Apr 2015, 4:09 pm

PeterMac, I am the one who clogged up the other thread with this or part of it and I think it is so detailed and comprehensive that I should have started a new topic with it. It was far too long to be posting it where I did, I was just so eager to get it over here because it is such a comprehensive piece. Thank you for bringing attention to it properly.

My eyes are tired and it looks almost identical to what I posted. Have checked, but would you kindly check p 17 of the main thread and let me know if I should ask admin to delete all of my posts re this , or is there additional stuff there which should come over? Or did I miss some out? It looks as if what we posted is the same?
Thanks
RD

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Re: Best translation I have found - so far 30 April

Post  candyfloss on Thu 30 Apr 2015, 5:37 pm

Thanks for posting Peter.

RD I deleted your posts as soon as I saw your post, so gone I'm afraid.

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Re: Best translation I have found - so far 30 April

Post  Mimi on Thu 30 Apr 2015, 7:34 pm

Don`t know if this is the right thread, but won`t there be masses of interest due on GA`s frozen assets - if they`ve been frozen for 5 years, that`s one hell of a lot of interest - who gets that - the Freezor or the Freezee?
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Re: Best translation I have found - so far 30 April

Post  Guest on Thu 30 Apr 2015, 10:25 pm

No problem CF -I wanted them deleted from main thread, as long as all info was on the forum neatly somewhere. Am now posting [ again courtesy of Textusa and with thanks to Ms Oliveira] more detail of the judgment.




The continuance of Isabel Oliveira's great work translating the trail decision
https://www.facebook.com/groups/HiDeHoCONTROVERSYofMadeleineMcCann/permalink/469781289845032/


VERDICT

PROVED FACTS (points 1-15 of 84) More Later

1. The applicants KM and GM are married to each other
2.The applicant Madeleine Beth McCann was born on the 12.05.2003 and is the daughter of the applicants Kate and Gerry McCann
3.The applicant Sean McCann was born on the 01.02.2005 and is the son of the applicants Kate and Gerry McCann
4. The Applicant Amelie MCCann was born on the 01.02.2005 and is the daughter of the applicants Kate and Gerry McCann
5. The Applicant Madeleine Beth McCann has been missing since the 3rd of May of 2007, and the criminal investigation n. 201/07.0GALGSwas open by the General Prosecution of the Republic for the Portimão District.
6. The British Police Dogs “Eddies” and “Keela” detected human blood and cadaverine in the apartment 5A, Ocean Club
7. The British Police Dogs “Eddies” and “Keela” detected human blood and cadaverine in a vehicle rented by the Applicants after the disappearance of MBM.
8. The Applicants Kate and Gerry McCann were constituted arguidos in the scope of the police investigation
9. Pages 2587-2602 of the criminal investigation, 19.07.2007, chief Inspector Tavares de Almeida wrote a report in which the following section can be transcribed :
“From everything that was gathered, the facts point in the direction that the death of Madeleine McCann occurred, on the night of May 3rd of 2007, inside the apartment 5A, of the Ocean Club resort, occupied by the couple McCann and by their three children;” (...)

“From everything that was exposed from the AUTOS, we conclude that:
A) The minor Madeleine McCann died in the apartment 5A of the Ocean Club resort, on the night of May 3rd of 2007;

B) It was performed a simulation of kidnapping;

C) In order to avoid the death [alarm] of the minor before 22H00, it was created a situation of the children's surveillance by the McCann while the children slept;

D) Kate McCann and Gerald McCann are involved in the occultation of the cadaver of their child Madeleine McCann;

E) At this moment, there seems that there aren't strong indicia that the death of the minor didn't happen due to a tragic accident;

F) From what was obtained until now, everything points out that the McCann, as self-defence, didn't want to deliver immediately and voluntarily the cadaver, existing a strong possibility that the same was transported from the initial place of deposition. This situation is susceptible to raise questions about the circumstances under which the death of the minor occurred.

So we suggest that the 'Autos' be sent to the EX.mo Sr. Procurador Geral da República [General Attorney], in order to:

G) New interrogation of the Arguidos Kate and Gerry McCann;
H) Evaluation of the measure of restraint to be applied in this case;” Pages 2601 of criminal Investigation

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Re: Best translation I have found - so far 30 April

Post  Guest on Thu 30 Apr 2015, 10:27 pm



Textusa30 Apr 2015, 12:49:00

(cont)

10. Page 2680 of the criminal investigation, 10 September 2007, public prosecutor in charge of the case:

“In the course of the investigation, where one continues to investigate the disappearance of Madeleine McCann , being the investigation open whether to confirm or infirm its occurrence, in relation to the crimes of abduction, homicide, abandonment and concealment of body and as per our drafted plan, it is necessary to document the real time of said disappearance, find out the precise location of each of the intervenients at the time of the events and also in the time after the events –the McCann couple and their group of friends that were on holiday with them in the tourist apartments Ocean Club in Praia da Luz: Jane Michelle Tanner, Russel James O’Brien, Matthew David Oldfield, Rachael Marianna Jean Manpilly, David Anthony Payne, Fiona Elaine Payne and Diana Webster . There is also a need to determine the movements of the arguidos Kate and Gerry McCann for the time of their stay in Portugal while establishing all the connections between all the intervenients and third parties. In this sense, and because the diligences that will be pointed here are essential to finding the truth, namely to analyse the telephone activity of the McCann couple and their friends, as well as other telephone numbers, that has been established was related to the facts occurred on the night of the 3rd of May 2007, remit the official file to the Mmo. JIC”

11. Page 3170 of the criminal investigation, 03.12.2007 by the Criminal Instruction Judge of Portimão

“ Since in the current criminal investigation files the crimes of abduction, homicide, abandonment and concealment of a body are being investigated being the first 3 crimes punishable with sentencing superior to 3 years and because it necessary to identify the suspicious behaviour observed in th surroundings of the place where the child disappeared from and mentioned in pages 3150 and 3154 and following of the case files , having so a high importance to the discovery of the truth , the data requested by the Public Ministry I order that (...) is requested from operator Portugal Telecom (...)” Point AV of the proved facts.

12. The Defendant Gonçalo Amaral was the Inspector of the Judiciary Police in charge of the coordination of the investigation into the disappearance of the applicant MBM. Amaral

13. The defendant Gonçalo Amaral retired from the police force on the 1st July 2008 (art 19 Base Instrutória)

14. on the 21st July 2008 the General Prosecution of the Republic divulged a note to the media announcing the archiving of the criminal investigation and that the same could be reopen by the initiative of the Public Ministry or any interested parties if new elements of evidence that would lead to pertinent diligences (article 20 of Base Instrutória) .

15. In the archiving report, 21.07.08:

“ Taking into account that there were certain points in the arguidos' and witnesses' statements that revealed, apparently at least, contradiction or that lacked physical confirmation, it was decided to carry out the "reconstruction of the fact", a diligence that is consecrated in article 150 of the Penal Process Code in the sense of duly clarifying, on the very location of the facts, the following very important details, among others:

1 – The physical, real and effective proximity between Jane Tanner, Gerald McCann and Jeremy Wilkins, at the moment when the first person walked by them, and which coincided with the sighting of the supposed suspect, carrying a child. It results, in our perspective, strange that neither Gerald McCann nor Jeremy Wilkins saw her, or the alleged abductor, despite the exiguity of the space and the peacefulness of the area;


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Re: Best translation I have found - so far 30 April

Post  Guest on Thu 30 Apr 2015, 10:28 pm



Textusa30 Apr 2015, 12:51:00

(cont)

2 – The situation concerning the window to the bedroom where Madeleine slept, together with the twins, which was open, according to Kate. It seemed then necessary to clarify if there was a draught, since movement of the curtains and pressure under the bedroom door are mentioned, which, eventually, could be verified through the reconstitution;

3 – The establishment of a timeline and of a line of effective checking on the minors that were left alone in the apartments, given that, if it is believed that such checking was as tight as the witnesses and the arguidos describe it, it would be, at least, very difficult to reunite conditions for the introduction of an abductor in the residence and the posterior exit of said abductor, with the child, namely through a window with scarce space. It is added that the supposed abductor could only pass, through that window, holding the minor in a different position (vertical) from the one that witness JANE TANNER saw (horizontal);

4 – What happened during the time lapse between approximately 6.45/7 p.m. – the time at which MADELEINE was seen for the last time, in her apartment, by a different person (David Payne) from her parents or siblings – and the time at which the disappearance is reported by Kate Healy – at around 10 p.m.;

5 – The obvious and well-known advantages of immediate appreciation of evidence, or in other words, the fulfilment of the principle of contiguity of evidence in order to form a conviction, as firm as possible, about what was seen by Jane Tanner and the other interposers, and, eventually, to dismiss once and for all any doubts that may subsist concerning the innocence of the missing [child's] parents.

In this sense, the legal procedures were followed, according to the norms and conventions that are in force, and the appearance of the witnesses was requested, inviting them to be present inclusively appealing to solidarity with the McCann couple, as it is certain that since the beginning they adhered to that process diligence.

Nevertheless, despite national authorities assuming all measures to render their trip to Portugal viable, for unknown motives, after the many doubts that they raised about the necessity and opportunity of their trip were clarified several times, they chose not to attend, which rendered the diligence inviable.

We believe that the main damage was caused to the McCann arguidos, who lost the possibility to prove what they have protested since they were constituted arguidos: their innocence towards the fateful event; the investigation was also disturbed, because said facts remain unclarified.”(...)

“This shows that the parents were not persistently worried about their children [and] that they didn't check on them like they afterwards declared they did, rather neglecting their duty to guard those same children, although not in a temerarious, or gross, manner” (...)


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Re: Best translation I have found - so far 30 April

Post  Guest on Thu 30 Apr 2015, 10:32 pm


Textusa30 Apr 2015, 12:52:00

(cont)


“While it is an unavoidable fact that Madeleine disappeared from Apartment 5A of the 'Ocean Club', the manner and circumstances under which this happened are not – despite the numerous diligences made in that sense -, therefore, the range of crimes that were indicated and referred to during the inquiry remains untouched.” (...)

“Concerning the other indicated crimes, they are no more than that and despite our perception that, due to its high degree of probability, the occurrence of a homicide cannot be discarded, such cannot be more than a mere supposition, due to the lack of sustaining elements in the files.

The non involvement of the arguidos parents of Madeleine in any penally relevant action seems to result from the objective circumstances of them not being inside the apartment when she disappeared, from the normal behaviour that they adopted until said disappearance and afterwards, as can be amply concluded from the witness statements, from the telephone communications analysis and also from the forensics' conclusions, namely the Reports from the FSS and from the National Institute for Legal Medicine.

To this can be added that, in reality, none of the indications that led to their constitution as arguidos was later confirmed or consolidated. If not, let us see: the information concerning a previous alert of the media - before the police - was not confirmed, the traces that were marked by the dogs were not ratified in laboratory, and the initial indications from the above transcribed email, better clarified at a later date, ended up being revealed as innocuous.


Textusa30 Apr 2015, 12:53:00

(cont)

Even if, hypothetically, one could admit that Gerald and Kate McCann might be responsible over the child's death, it would still have to be explained how, where through, when, with what means, with the help of whom and where to they freed themselves of her body within the restricted time frame that would have been available to them to do so. Their daily routine, until the 3rd of May, had been circumscribed to the narrow borders of the 'Ocean Club' resort and to the beach that lies next to it, unknowing the surrounding terrain and, apart from the English friends that were with them on holiday there, they had no known friends or contacts in Portugal.” (...)

“- Tests and analyses were performed in two of the most prestigious and credentialed institutions for this effect – the National Institute for Legal Medicine and the British lab Forensic Science Service -, whose final results did not positively value the collected residues, or corroborated the canine markings;”(...)

“- Despite all of this, it was not possible to obtain any piece of evidence that would allow for a medium man, under the light of the criteria of logics, of normality and of the general rules of experience, to formulate any lucid, sensate, serious and honest conclusion about the circumstances under which the child was removed from the apartment (whether dead or alive, whether killed in a neglectful homicide or an intended homicide, whether the victim of a targeted abduction or an opportunistic abduction), nor even to produce a consistent prognosis about her destiny and inclusively – the most dramatic – to establish whether she is still alive or if she is dead, as seems more likely.” (...)

“Therefore, after all seen, analysed and duly pondered, with all that is left exposed, it is determined:


b) The archiving of the Process concerning arguidos Gerald Patrick McCann and Kate Marie Healy, because there are no indications of the practise of any crime under the dispositions of article 277 number 1 of the Penal Process Code.” (...)


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Re: Best translation I have found - so far 30 April

Post  Guest on Thu 30 Apr 2015, 10:35 pm



The continuance of Isabel Oliveira's great work translating the trail decision
https://www.facebook.com/groups/HiDeHoCONTROVERSYofMadeleineMcCann/permalink/469781289845032/

16. The defendant Guerra e Paz , Publishers is a commercial society and its activity consists of editing, publishing, trading, including import and export of books.

17. On the 10th March 2008 the defendant, Guerra e Paz Editores, SA and the defendant Gonçalo Amaral signed a written agreement, add pages 277-281, designated contract for transfer of author rights through which the defendant Gonçalo Amaral gave the exclusive right to publish the text “Madeleine, the Truth of the Lie “ exclusively for ten years, in the form of a book, printed or electronic, in any language and in the whole world.

18. Clause 4, n1 of this agreement states the following: “ The retribution to be paid by the 1st party to the 2nd party for author rights relative to the editions of the work to be commercialised in Portugal will be of:

a) 12% of the cover price of each copy sold, net of VAT, up to 30.001 copies. B) 14% of the cover price of each copy sold, net of VAT, from 30.001 to 50.000 copies. C) 16% of the cover price of each copy sold, net of VAT from 50.001 copies sold.

19. Clause 5, n2 of this agreement states the following: “If the first party sells the copyright to other languages, in any country in the world and after deducting the costs inherent to that sale, the net income from that sale will be divided in equal parts between the 1st and 2nd parties, ie 50% each.

20. The defendant Gonçalo Amaral is the author of the book “Maddie , the Truth of the Lie”, published by Guerra e Paz , Editores SA.

21. The cover of the book has the word “confidential” written in red and in the inside cover “Reserved Reading” and “contains unique revelations” .

22. The technical summary of the book, page 4, has the following data: Revision :Fernanda Abreu. Cover and Pagination: Ilidio J.B. Vasco. Photograph of the author: Sandra Sousa Santos. C Guerra e Paz Editors , SA, 2008, All rights Reserved. Cofina media for photographs by Nuno Costa.

23. From the book “Truth of the Lie” (Intro to the Book pgs 11-12, pages 16, pages 19-20, pages 21, page 22-24, page 193pages 220-221) all quoted. –

(I Isabel, not judge lol, won’t transcribe them here since it is a long text and one can consult the book to read relevant passages, plus I would be afraid the judge finds me in breach of her orders wink emoticon . you can read your relevant pages in our speak easy internet corner . )

24. Conclusion of GA’s Book (pages 220-221)

25. The book “Maddie , the Truth of the Lie” was launched on the 24th July 2008, in El Corte Inglès, in Lisbon.

26. On the day of its launch, 24.07.08, the book was also sold with the newspaper Correio d Manhã.

27.The book “Maddie , the Truth of the Lie” had the following editions in Portugal:1st edition in July 2008, 30.000 copies printed 2nd; July 2008, 10.000 copies printed; 3rd July 2008, 10.000 copies printed; 4rth July 2008, 30.000 copies; 5th August 2008, 25.000 copies; 6th August 2008, 10.000 copies; 7th, August 2008, With 15.000copies printed; 8th, August 2008, 10.000 copies; 9th August 2008, 10.000 copies; 10th, August 08, 10.000 copies;11th August 08, 10.000 copies; 12th, 2008 10.000 copies printed.


Textusa30 Apr 2015, 18:00:00

(cont)

28. The book was published through other editors in the following countries: Spain, September 2008, with the possible trading in Spanish in South American Spanish speaking countries; Denmark, November 2008, with possible commercialisation in other Nordic countries; Italy , December 2008, with the commercialisation in Italian for all the world; Holland, April 2009, with commercialisation in Dutch for all the world; Germany, June 2009 with commercialisation in Austria and Switzerland.

29. Within the scope of the injunction attached there were only around 7.000 copies of the book delivered to the applicants legal representative.

30. Copies of an English and Portuguese version circulate in the internet without the authorization of Guerra e Paz, Editores SA.

31. The cover price of the book “Maddie the Truth of the Lie” in Portugal was determined by the defendant Guerra e Paz on the amount of 13.33 euros (thirteen Euros and thirty three cents) , Inclusive of VAT.

32. The sale of the books was partly on consignment and another part subject to right of return for reasons such as faults, use or not being sold.

33. The defendant Gonçalo Amaral, received the following amounts from teh sale of the book: 2008 and 2009, teh amount of 342,111.86 .

34. The defendant, VC Valentim de Carvalho is a commercial society that creates, develops, produces and promotes the exhibition and broadcast of cinematographic and audiovisual works.

35. On the 7th March 2008, teh defendant Gonçalo Amaral and the defendant Valentim de Carvalho signed a written agreement (add pages 282-283) designated concession of rights - Option of Rights – deal demo” through which the defendant GA gave the exclusive rights of film adaptation (documentary and fiction) of a book about the investigation of the disappearance in Praia da Luz.

36. On the 11th March 2008, the defendant GA and the defendant Valentin de Carvalho signed a written agreement (284-288) , designated “passing of Rights - Option contract” through which the defendant GA gave the defendant VC the right to adapt the book to documentary and/or fiction that may have the format of a film for cinema or a TV movie

37. Clause 2 of this agreement has states the following: By the transfer of these exclusive right of option, VC Films compromises to pay the author the gross sum of 25.000, subject to legal fees and added VAT.

38. Clause 4, the author is obliged to participate as a narrator, transferring all image and sound rights. 2 For that participation and transfer patrimonial content of author rights connected to VC films the author will receive the gross sum of 15.000 euros, subject to legal fees. 3. For the transfer of rights named in 2 the author will receive 10% of all receipts national or international of the trading of the documentary (in all platforms and supports invented or yet to be invented) after deduction of production costs.
39. The defendant V.C- Filmes , Audiovisuais, SA agreed with VC Multimedia SA, on the 6th June 2008, to transfer to the latest all trading, distribution and exhibition and broadcast of cinematographic and audiovisual works (film, miniseries, documentaries) that they intended to produce within 5 years.
40. The defendant VC produced the documentary “Maddie , The Truth of the lie” , produced by Carlos Coelho Silva , which is an adaptation of the book written by the defendant GA. I have attached such documentary to the files.


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Re: Best translation I have found - so far 30 April

Post  Guest on Thu 30 Apr 2015, 10:39 pm

@Russian Doll,thank you.

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Re: Best translation I have found - so far 30 April

Post  Guest on Thu 30 Apr 2015, 10:44 pm

I hope admin can decide if some of this is too much info,[ a lot of what we read when the trial first began, the judge has repeated in her verdict]. I just copied it in its entirety for the record and because this translator has done wonderful work in a short time.

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Re: Best translation I have found - so far 30 April

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