Grâce à la liberté dans les communications, des groupes d’hommes de même nature pourront se réunir et fonder des communautés. Les nations seront dépassées.
Friedrich Nietzsche (Fragments posthumes XIII-883)

10 - FÉV 10 - Interv. Tribunal

 Interviews etc. du 10.02.2010


Hors tribunal - Dr António Cabrita
Sandra Felgueiras : How do you interpret the fact that Isabel Duarte said that Ricardo Paiva, the Inspector requested by the defense, lied in this court?
Dr. António Cabrita : It's an opinion, it's respectable. Now if it is factuarl or consistent that's a different matter.
 

SF : But do you believe that could lead the judge to decide against you? 
AC : I do not comment on opinions of colleagues. The right to an opinion is free in this outcry, that is what I defend, therefore Dr. Isabel Duarte, like any other citizen, have the right to opinion what they think.

Unknown Reporter : Gonçalo Amaral already said this afternoon that he would like the case to be re-opened.
 
AC : Which process?
UR : The process relative to the disappearence of Maddie.
 
AC : All of us would like that, to find out what really happened.
SF : Gonçalo Amaral said that he would like to constitute himself as an assistant. Legally, how is that possible? Is it possible for someone to be constituted as an assistant without presenting a new fact that allows the reopening of the process?
AC : Depends, if new facts are presented it's always possible to reopen the process.
 
SF : New facts, but could those facts be undertakings that were not carried out? 
AC : Eventually, eventually. [nods affirmatively]

UR : Or it needs more than that?
 
AC : But on that issue I wont make any further comments. I don't know the process, except the DVD that was distributed. 
SF : The reading of the verdict is on the 18th, is that it?
AC : On the 18.
 

...............
Gerald MC : We would very much like the whole process reviewed; we'd like all the information held by all law enforcement to be put together and systematically reviewed and identified areas for further in... investigation. We're..

SF : We were said that... that... 
Unknown Reporter: Who do you want to review that, Gerry?
SF : ...that notice that the PJ received had inclusively photos from Madeleine or eventually from some child...
GMC : [Initially listens to question but then ignores Sandra Felgueiras and turns head to unknown reporter] Pardon, sorry.



Conférence de presse MC
transcrit par Nigel Moore

Où les MC , après Gonçalo Amaral, déclarent qu'ils seraient enchantés que l'affaire soit rouverte...

Sandra Felgueiras : Gerry, do you... do you also believe that, errr...
Gerald MC : There is one real reason why we have come here and why we've taken this action and this is why it is; it's our daughter, who is missing, and who deserves justice for a fair search. The laws of a democracy are there to protect the vulnerable in society, and our daughter is vulnerable, and our twins are vulnerable. Given what you have heard in court over the days of this trial, we want to appeal to the Portuguese people again to come forward with any information that may lead us to help finding Madeleine or any other information that might be related to Madeleine's abduction. The number here is 800 814024.
Kate MC : 800 814028
GMC : Pardon?
KMC : 800 814028

GMC : Thank you.

SF : Gerry...(cut in video)
Unknown Reporter : Can you tell us about these criminal proceedings that you've started?
GMC : Can't comment on that, if you speak to Isabel Duarte.
SF : But do you think that the PJ is not investigating important leads that could help you to find Madeleine? 
GMC : I think you heard, errr... detective Paiva's, errr... testimony, and that... that speaks for itself. There's one thesis that's being investigated here more than any other, that hasn't come up with any evidence, and the important thing is that there is an innocent child missing and that search must go on. We would very much like the whole process reviewed; we'd like all information held by all law enforcement to be put together and systematically reviewed and identified areas for further in... investigation. We're...

SF : We were said that... that...
UR : Who do you want to review that, Gerry? 
SF : ...that notice that the PJ received had inclusively photos from Madeleine or eventually from some child... 
GMC : [Initially listens to question but then ignores Sandra Felgueiras and turns head to  
UR : Pardon, sorry.

SF : ...have you seen that photo?   
UR : Who do you want to do that review? 
GMC : The most, errr... well qualified people capable of doing it.
UR : Mrs McCann, how difficult has this trial been for you?  
UR : [to Gerry McCann] Who... can you... who is that?
KMC : I mean, it's obviously been difficult to hear all these allegations again, errm... but it is reassuring once again for it to be dis... demonstrated publicly that there is no evidence that Madeleine has come to any harm...

Robert Moore : (ITV) Kate, do you feel... 

KMC : ...and we really do want to ask the Portuguese people... continue to ask them, 'please help us'. There's a little girl still missing, regardless of what Mr... Mr Amaral and his followers say - and they have their own motives - the little girl is still missing and we know that people care about children. Please help us.

RM : Kate, do you feel the focus can now revert to the search for Madeleine, once again?
 
KMC : Well, I think if the just decision is made I think this will truly help our search for Madeleine and... and that's... as Gerry's said... that's why... that's why we've gone through with this. It's not easy going through with it but if it helps our little girl... if it helps to find Madeleine then we'll go through anything. 
UR : You are asking... you are asking Portuguese people to come forward. What do you have to say if they ask you... why you haven't... are you not reopening the case? 
GMC : We'd be delighted if the case was reopened; we would have no problem with that but what we need is real investigation, not this... not...  

UR : Did you already do anything? 
GMC : ...not dis... not... not dismissal...  
UR : ...take any step to reopen the case? Like...  
GMC : We... we have sent information through, errr... the authorities both in England and through, errr.. the PJ here. It's the Prosecutor's decision when to reopen the case. What we need is...  

UR : Did you get a reply then?  
GMC : ...what we need is... and this is very, very clear; what we need is new leads, new information... we believe information has not gone into the inquiry and we want it all systematically examined under one review panel.

UR : Gerry, would you want that Bri... would that be the British police? Would it be a British review panel? Or...  
UR : A reconstruction. If you volunteered to do a reconstruction, wouldn't that open the... the case?  
GMC : We want to create information that will lead to us helping find Madeleine.  
UR : That... that would help Madeleine, don't you think so? 
GMC : Well, if it... it does, then, you know, we will participate in it. We need...  

UR : You're in Lisbon. You could take that step today; ask for the case to be reopened... 
GMC : Okay, we're going round... 
UR : ...and do a reconstruction with your friends.
GMC : ...we're going round in circles. We'd be more than happy for the case to be reopened.
 
UR : Gerry... to clarify, the re... you talk about this review... it's quite interesting. Is that something you would want the British police to do; review the entire thing? Or..
GMC : We'll take whoever is prepared to do it and whoever's got the most expertise and obviously we want the Portuguese and the British authorities to cooperate in such a review.  

UR : But you're asking the Portuguese people to come forward and they'll not do it.  
UR : Gerry, do you feel this is to be regarded as a last plea to the Portuguese people for help.
GMC : It's... it's a renewed plea, errm... we don't know when new information is going to come forward, errm... there are many cases, as you know, of children who have been missing for years who have subsequently been discovered and it's when that piece of information falls into place that the children are, errr... found. And if people believe, errm... unnecessarily, that Madeleine's dead, without any evidence, then we'll never find her. 
UR : I think those cases are still open. 

SF : Are you sure that after this court, that public opinion in Portugal will change? 
GMC : It depends what your, errr... question really relates to; it's not popularity contact... errr... contest, errr... it's about finding Madeleine. Thank you. 
SF : But you claim that, errr... the... the finding of Madeleine has been, errr... damaged with all this, errr... Goncalo Amaral thesis. What I'm asking you; if this decision, errr... will be something like you wish to happen do you think that after that... after this step, it... it will be better for you? 
GMC : I think it'll be a step in the right direction. It's about Madeleine, it's not about us, it's about this girl; she's missing; she needs to be found and we're doing everything in our power to aid that search.

UR : Gerry, have you formally asked anyone to start a review?
GMC : We're happy to ask now.
UR : But before today, is it... is it something you've formally asked anybody? 
GMC : We're asking behind the scenes all the time, many different things, errr... of course, we want all the information reviewed; it's sensible; it would be done in any other major inquiry, errr... there is a... a situation we've been advised within Portugal but, you know, we want the information reviewed; we want it; it's an unsolved case; it's really important, you would expect that; there is a little girl missing; we must find her; we must do everything in our power. Just because it's hard, doesn't mean we give up. We're not going to give up.

[Indecipherable question from a reporter that Gerry doesn't answer

SF : Isabel Duarte told to the court that she felt you were under a judgment, this case. Do you still feel... or did you feel, that today you were under a judgment?  
GMC : What's important is the Judge's decision. I think that is the objectivity of it, not, errm... biased opinion, you know, evidence has to be looked at objectively; there is no evidence Madeleine is dead. As far as we're concerned, she's still out there.
 
UR : Wouldn't you say that, errr... someone who accepts there was an abduction is also biased? It's just one side of the question.  
GMC : Errr... Obviously all possibilities have to be considered and they were considered; one was pursued much more aggressively than any other lead. But, you know, we weren't there on our own; we weren't in isolation; there were many, many people around us; there are many different witnesses that seemed to get forgotten about and only negative, errr... testimony seems to... 
UR : But that is part of life, isn't it? There is always someone who has a different opinion.
GMC : Well, you know, we're here; we're here standing in front of you; we're visible. The abductor is not.

UR : [Laughs] Abductor?  
GMC : We... we need to find that person and...
KMC : Yes, the abductor is not. 

GMC : ...and those that are responsible. That is it...  

UR : What evidence do you have that there was an abduction? Can I ask this question because you say that Amaral doesn't have...
KMC : Because I know. I was there, I found my daughter gone. I know more than you do. I know what I saw.  
UR : I'm not saying that... I don't know anything, I'm just standing from a point of view where I don't know who to believe; I just want evidence, like you say. 
GMC : Where... where, you know... where is... where... where is... where is... where is the child? We're looking for that evidence. Where is the child? What other explanation can explain how she's not here. 
KMC : It shouldn't... do you agree it shouldn't be ruled out?  

UR : Other people have, errr... advanced other... other explanations. Isn't it? That's why we're here.  
GMC : Okay, any other questions before we go? Because we've got a flight to catch. Thank you. 
 KMC : Can you just remember there's a little girl missing and we need everybody's help.
 
SF : Are you planning to come on the... on next week? 
UR : Can you just hold that... Gerry, do you want to just hold that up? 
GMC : [Answering question from SF] Errr... No.  
SF : No? Why not, if you, errr...  
GMC : I can't, I've got work commitments.  
UR : Do you want to just hold that up? Hold the poster up? 
SF : How many legal actions are you, errr... planning to put in Portugal.  
GMC : If you speak to Isabel, she'll take all our advice from Isabel, regarding further actions. Thank you.

Isabel Duarte : As many as necessary.

UR : Gerry, do you want to just hold the poster up? Thank you.
Photographer : This way, Gerry please. 

UR : What's your next step then?
Ph : Gerry and Kate, please, this way in the middle, please. Thank you. Gerry and Kate, thank you.
SF : [Seemingly directed at UR4] Please... you... you are damaging everybody's work. It's not fair, not... 
UR : Sorry, Mrs McCann, are you expecting to come next week? If your husband can't because... 
KMC : I've got no plans to come, no. 
UR : What will you do if the judge, errr... forwards, errm... the complaint and reopens... asks for the reopening of the case? 
GMC : Thank you.

ID : Questions about the legal actions are with me. 



Hors tribunal - Dra Isabel Duarte
transcrit par Joana Morais
Sandra Felgueiras : Can we ask you, what is the intention of this action made against TVI, at the Oeiras Court? Is it an action filed by you or by the McCanns?
Isabel Duarte : The Oeiras Court is the competent one to judge actions against TVI, and TVI has a temporary injunction, where they are forbidden to divulge the thesis of death and of cadaver concealment. And since the injunction was published [sic], TVI have violated that Court order several times; they can't do it. They've commited various crimes.
video cut/inset of Palácio da Justiça building


ID : Most of the notifications [reports] that I analysed on Friday - I had access to the process - most of the notifications should have deserved an investigation by the Portuguese Police, and they didn't.

Unknown Reporter : And why do you think that happened?
 
ID : I have no idea.

SF : Did you intend to say that the PJ is systematically disregarding leads that could re-open the case?
 
ID : I didn't intend to say, I said it. I said that the Judiciary Police has archived all the notifications sent by the Leicester police, by French police, Spanish police, errm... notifications that are in the process.

Multiple questions: [unintelligible]
 
ID : I don't have to interpret the decisions of someone who came in here as a witness, saying that he believes that Madeleine is dead and that is at this moment investigating the whereabouts of Madeleine. I don't think that I need to...

UR : Should he be removed?

ID : ...I don't think that I need to do any interpretation about this. 
SF : Are you asking for Inspector Ricardo Paiva's removal? 
ID : I'm not asking anything. I... 
UR : Do you believe the Judiciary Police could have done a lot more, than what they did?
ID : What I'm saying is, the notifications that I analysed, most of them, deserved to be investigated by the Police. If I was, errm... If I had any responsibility on that process, namely and probably I have it in representing Madeleine, I'm not sure...
video cut
 

SF : You believe this is something that reflects the feelings of public opinion and of the Police itself? 
ID : I...SF : That is, a rejection of the McCanns' version of the disappearence? 
ID : I analysed the process because there were two contradictory versions made by two witnesses in this injunction proceeding. First, the prosecutor [Magalhães e Menezes] who said that there was no relevant information that deserved an investigation. And the second one, by Mr. Ricardo Paiva, who said that there was a series of information, that he was investigating. Therefore, I had to go see, what information was down there [Portimão] and that he was investigating, because I had to inform my clients when they came here today.
SF : But in this particular case...
ID : And I knew there was information from the Leicester Police, several, sent down there to the process. So... 
UR : What is the practical consequence of that now? Now that you are aware of that reality, what is the practical consequence of that?
 ID : Now, I will have a meeting with the lawyers that are constituted [appointed] in that process. I investigated the process because I constituted myself as an assistant in Madeleine McCann's name. And now I'll have to reunite with the lawyers that are in that process who are my client's representatives in that process, and we will have to decide what is actually going on, and I don't need to imply anything, because a witness that came in here to say that he believes that Madeleine is dead, it is he who has the responsibility to investigate where she is...

Multiple questions: [unintelligible]
 
SF : Do you believe that with that the process can be re-opened, that is, with those clues that the Inspector Ricardo Paiva, isn't, allegedly, investigating. Could those leads be new data needed to re-open the case? 
ID : What I said was that, these clues deserved an investigation from police in other countries, therefore I reckon they should be investigated by the Portuguese Police.

Multiple questions: [unintelligible]
Voice (off camera) : A reconstruction, wouldn't that be good? 

 ID : Madam, I am not... I can't be part of the reconstruction; I wasn't there. 
SF : Therefore to you...
 ID : Yes. 
SF : ...the evidence you saw is sufficient to re-open the process? 
ID : Errm... What I saw was various relevant pieces of information, photographs, places, car licence plates... 
SF : That your clients didn't yet identify?
 ID : My clients have now become aware of all this. I have the documentation with me to deliver to them. 

SF : And the photos that you've seen, did they seem to be of Madeleine? 
ID : There are photographs which are similar to the girl, errm... some of them shocking, and there are other photographs... 
SF : Shocking, why?
 ID : It doesn't matter. 
SF : The situation is shocking?
 ID : The situation where the girl is in, yes. 
UR : You said that Inspector Ricardo Paiva lied, are you planning to act criminally against him, as you did with...? 
ID : No, in relation to Inspector Ricardo Paiva, the importance that I give to him is the importance of knowing if he should be heading or not the investigation to this process, because... 
UR : So, you are definitely placing him in question? 
ID : I am not... What I said should not be interpreted beyond my words. 
UR : Doctor [doctor is applied to anyone who has an University degree], so let's try to speak in a clear way. Before what you said... 
ID : My words are clear, for you and for other people.




Non seulement Ricardo Paiva, mais le procureur Magalhães e Menezes sont mis en cause par Isabel Duarte, qui sans aucun fondement accuse de ne pas suivre toutes les pistes possibles, oubliant sans doute que l'affaire est classée, ce qui signifie que les informations ne sont investiguées que si elles semblent pertinentes. Un rapide examen des PJFiles montre le nombre impressionnants des signalements examinés lorsque l'enquête était en cours. Comme chaque fois dans les affaires à haut profil, les médias génèrent inévitablement de nombreux red herrings où se dispersent et s'épuisent les énergies policières. La police a des ressources limitées, avant d'envoyer un inspecteur elle doit être assurée que l'information présente une certaine crédibilité. Il n'est pas rare que l'envoi sans contrôle de forces de police se solde non seulement par un échec, mais aussi permette au suspect de prendre la poudre d'escampette.





McCanns' appeal for MMC

 ITV News

transcrit par Nigel Moore

Robert Moore : Ignoring the abuse of a few protestors, Kate and Gerry McCann left the Portuguese courthouse tonight clutching posters of Madeleine. And clutching, as well, to the hope that a freash appeal might uncover new evidence that, even now, could help locate Madeleine.
Kate MC : ...'please help us'. There's a little girl still missing, regardless of what Mr... Mr Amaral and his followers say - and they have their own motives - the little girl is still missing and we know that people care about children. Please help us.

RM : Kate, do you feel the focus can now revert to the search for Madeleine, once again?
KMC : Well, I think if the just decision is made I think this will truly help our search for Madeleine and... and that's... as Gerry's said... that's why... that's why we've gone through with this. It's not easy going through with it but if it helps our little girl... if it helps to find Madeleine then we'll go through anything.

RM : This court action is focussed on stopping the former detective Goncalo Amaral from being able to publish his book on the case. The McCanns insist that his central claim - that Madeleine died in the apartment - has severely undermined the search effort.
Gerald MC : The important thing is there is an innocent child missing and that search must go on. We would very much like the whole process reviewed; we'd like all the information held by all law enforcement to be put together and systematically reviewed and identified areas for further in... investigation.

RM : (to camera) Gerry and Kate McCann must now wait one more week to hear this court's ruling but all the time they're emphasising this is not about pursuing a narrow legal victory but rather about re-energising the search for Madeleine.
After nearly three years the chances of finding her may seem remote but the McCanns insist they must keep searching. Tonight it appears the Portuguese will only agree to reopen the case if significant new information emerges, which is why this last ditch appeal is so vital.


New Madeleine Appeal
Sky News
transcrit par Nigel Moore

Kate and Gerry McCann have made a fresh appeal to the people of Portugal to help them find their missing daughter Madeleine. They were speaking outside the court where they have been trying to keep a book about her disappearance out of the shops.
GMC : There is one real reason why we have come here and why we've taken this action and this is why it is; it's our daughter, who is missing, and who deserves justice for a fair search. The laws of a democracy are there to protect the vulnerable in society, and our daughter is vulnerable, and our twins are vulnerable. Given what you have heard in court over the days of this trial, we want to appeal to the Portuguese people again to come forward with any information that may lead us to help finding Madeleine or any other information that might be related to Madeleine's abduction. The number here is 800 814024.
KMC : I mean, it's obviously been difficult to hear all these allegations again, errm... but it is reassuring once again for it to be dis... demonstrated publicly that there is no evidence that Madeleine has come to any harm...

Reporter : Kate, do you feel...
KMC : ... and we really do want to ask the Portuguese people... continue to ask them, 'please help us'. There's a little girl still missing, regardless of what Mr... Mr Amaral and his followers say - and they have their own motives - the little girl is still missing and we know that people care about children. Please help us.