It is currently Tue Aug 22, 2017 3:44 pm

All times are UTC [ DST ]





Post new topic Reply to topic  [ 25 posts ]  Go to page Previous  1, 2, 3  Next
  Previous topic | Next topic 
Author Message
PostPosted: Wed Jan 21, 2015 6:59 pm 
Offline
User avatar

Joined: Thu Aug 20, 2009 9:03 pm
Posts: 14972
36. The documentary was reproduced, and even subtitled in the English language, by third parties that published it on the internet, without permission and against the will of the defendant “V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.”?

Proved.

To be continued.


Top
 Profile  
 
PostPosted: Wed Jan 21, 2015 6:59 pm 
Offline
User avatar

Joined: Thu Aug 20, 2009 9:03 pm
Posts: 14972
1. Gonçalo Amaral made the statements that are attributed to him under item Z)*?

*(item Z is the Correio da Manhã interview)

Proved.

To be continued


Top
 Profile  
 
PostPosted: Wed Jan 21, 2015 7:04 pm 
Offline
User avatar

Joined: Thu Aug 20, 2009 9:03 pm
Posts: 14972
2. The cover price of the book “Maddie, A Verdade da Mentira” in Portugal is € 13.80, including VAT?

It is proved that the editor set the selling price at 13,33 euro, including VAT.

3. Defendant Gonçalo Amaral has earned from the sale of the book “Maddie, A Verdade da Mentira” an amount that is not less than € 621.000,00?

4. Defendant Gonçalo Amaral has earned from the sale of editions in foreign languages of the book an amount that is not less than € 498.750,00?

(Items 3&4) It is proved that Gonçalo Amaral earned 342.111,86 euro from the sales of the book in the years 2008 and 2009. This information is based on data from the Portuguese Revenue Agency.

To be continued


Top
 Profile  
 
PostPosted: Wed Jan 21, 2015 7:22 pm 
Offline
User avatar

Joined: Thu Aug 20, 2009 9:03 pm
Posts: 14972
5. The book was sold in Brazil by defendant “Guerra e Paz, Editores, S.A.”?

Not proved.

6. The DVD has a cover price of € 6,00?

Proved that it was sold for 6,95 euro with newspaper Correio daManhã.

7. Defendant Gonçalo Amaral has earned from the sale of the DVD an amount that is not less than € 112.500,00?

Proved that he earned 40.000 euro from DVD sales in 2008. Based on info from the Revenue Service.

To be continued


Top
 Profile  
 
PostPosted: Wed Jan 21, 2015 7:31 pm 
Offline
User avatar

Joined: Thu Aug 20, 2009 9:03 pm
Posts: 14972
8. The DVD that is mentioned under AN) has been edited and the edited copies have been sold by defendant “V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.”?

Proved.

9. Defendant “V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.”? has already made the DVD, in an English version, available for immediate delivery via internet order?

Not proved.

10. At least two million and two hundred thousand people have watched the programme that was broadcast on 13.4.2009?

Proved.

To be continued.


Top
 Profile  
 
PostPosted: Thu Jan 22, 2015 3:17 am 
Offline

Joined: Fri Aug 21, 2009 12:50 pm
Posts: 11062
With many thanks to Anne Guedes and Pamalam :s_flowers

http://www.gerrymccannsblogs.co.uk/Read ... 1_2015.htm


Libel trial McCann v Goncalo Amaral - Day 14, Outcome of the Trial Reports – 21st January 2015

This report was written and authorised by Anne Guedes to be hosted by Pamalam

Original Source: Anne Guedes

In a civil court, the facts that were gathered and considered as evidence by the judge, within the limits fixed for a trial, are normally not publicised, whereas in a penal court they have to be stated publicly.

This morning's session, which was no hearing, happened to be open to the public (reduced to 3 persons, me included, no journalist) just because, due the restructure of the juridical system that occurred end of August, the judge Maria Emília de Melo e Castro has been nominated to another section and doesn't belong to this civil court anymore, having therefore no office in the Tribunal Civil de Lisboa. So she needed a court room to release to the lawyers the document she elaborated.

Only four lawyers were present :

For the claimants, Dr Ricardo Afonso (representing Dra Isabel Duarte)

For the defence, Dr Miguel Cruz Rodrigues, Dra Fatima de Oliveira Esteves, Dr Henrique Costa Pinto. Dr Miguel Coroadinha (TVI) was absent.



The Judge asked the lawyers to read the document in case they needed clarification on some points or had any objection, suggesting it wasn't definitive. In fact it is on this document that the lawyers who solicited it at the last hearing (all of them) will build their "allegations of law", i.e indicate how they would interpret the law on these topics. The judge left the court room, leaving the lawyers at their reading.

And so it happened.

A quarter of an hour later, the judge entered the room (through the witnesses', clerk's and lawyers' entrance and not through the judge's special entrance) and asked for observations.

The only lawyer who intervened was Dr Henrique Costa Pinto (Valentim de Carvalho Multimedia).


He found some contradiction concerning the green light given for the DVD’s production. He underlined that he was mentioning this issue informally. The judge explained that she took various sources into account and that commercializing is one thing and selling another. Therefore she thought it wasn't contradictory, but admitted that without the context it might let one think it was.


The other issue was related to the WOC issue. From this day on, the claimants have 30 days to hand over the London Court's authorization to have Madeleine McCann represented by her parents in this trial. Meanwhile the trial is suspended. After the 30 days delay, which of course can happen to be shorter, the lawyers will have ten days to hand in their "allegations of law".



This note is obviously my last contribution to the trial reports, as the sentence will be notified to each lawyer by mail.

Analyzing the terms of the sentence is another chapter.

_________________
ines753@outlook.com


Top
 Profile  
 
PostPosted: Thu Jan 22, 2015 8:14 am 
Offline
User avatar

Joined: Thu Aug 20, 2009 9:03 pm
Posts: 14972
18. 63.369 copies of the DVD were not sold, having been destroyed afterwards?

Proved.

19. Defendant Gonçalo Amaral has gone into retirement from the Polícia Judiciária on 1.6.2008?

Proved that he retired on July 1st, 2008.

20. On 22.6.2008, the Attorney General’s Office published a note for the media, announcing the archiving of the inquiry, awaiting better evidence?

It is proved that such a note was issued on the 21st of July of 2008, the note also informed that the case could be reopened if new evidence appeared and prompted relevant diligences.

To be continued.


Top
 Profile  
 
PostPosted: Thu Jan 22, 2015 8:15 am 
Offline
User avatar

Joined: Thu Aug 20, 2009 9:03 pm
Posts: 14972
23. The sale of the books was made on consignment, being subject to devolution for various reasons, like handling, manufacturing defects or their non-transaction?

Proved that the book was partly sold on consignment, and partly firmly sold with a right to return for various motives.

To be continued.


Top
 Profile  
 
PostPosted: Thu Jan 22, 2015 8:19 am 
Offline
User avatar

Joined: Thu Aug 20, 2009 9:03 pm
Posts: 14972
26. Have authors Kate MacCann and Gerald MacCann hired communication firms and spokespeople through the Madeleine Fund?

(for unknown reasons, the judge does not mention this item at all)

To be continued.


Top
 Profile  
 
PostPosted: Thu Jan 22, 2015 8:41 am 
Offline
User avatar

Joined: Thu Aug 20, 2009 9:03 pm
Posts: 14972
29. The social capital of defendant “V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.” is held, in 60%, by the firm “Estúdios Valentim de Carvalho, Gravações e Audiovisuais, S.A.” and, in 40%, by the Fundo de Investimento para o Cinema e o Audiovisual?

Proved.

30. Has defendant “V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.” ceded the rights to sell, distribute, exhibit and broadcast all of the cinematographic and audiovisual work that it creates, develops and produces to the firm “Valentim de Carvalho Multimédia, S.A.”?

Proved that VC Filmes agreed to give VC Multimedia the rights to sell and distribute several works that were to be produced within 5 years.

31. Until today, has the documentary been reproduced only once to be edited, published and sold in Portugal under video format, in this case a DVD?

Proved.

32. The reproduction and edition of the documentary in video format have been authorised by “Valentim de Carvalho Multimédia, S.A.” to firm “Presslivre, Imprensa Livre, S.A.”, the owner of the Correio da Manhã newspaper, according to a contract between both?

Proved.

33. Under which [contract], the DVD, its covers and packages would be, as they were, manufactured on behalf of, under order of and under the responsibility of Presslivre, in order to be distributed and sold together with newspaper Correio da Manhã?

Proved.

34. And the entire process of registering and classifying the video edition (DVD) of the documentary with ICAG would be, as it was, developed by Valentim de Carvalho Multimédia, a process whose cost would be carried by Presslivre, as it did?

Proved.

35. The distribution for sale took place in conjunction with the distribution for sale of the newspaper Correio da Manhã’s edition of April 24, 2009?

It is proved only that the documentary was distributed for sale with the newspaper.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 25 posts ]  Go to page Previous  1, 2, 3  Next

All times are UTC [ DST ]


Who is online

Users browsing this forum: No registered users and 0 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  



All the statements, opinions and comments made on this forum are done on a matter of public interest and under the right of freedom of speech as stated in Article 37 of the Portuguese Constitution, Article 10 of the European Convention on Human Rights and UN's Article 19 of the Universal Declaration of Human Rights.


Free phpBB hosting by ProphpBB | Powered by phpBB | Report Abuse | Privacy