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PostPosted: Wed Jan 21, 2015 9:15 am 
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11. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, the Polícia Judiciária stopped collecting information and investigating the disappearance of Madeleine MacCann?

Not proved.


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PostPosted: Wed Jan 21, 2015 5:33 pm 
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12. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate MacCann and Gerald MacCann are completely destroyed, from a moral, social, ethical, sentimental, family point of view, much beyond the pain that their daughter’s absence causes them?

Not proved.


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PostPosted: Wed Jan 21, 2015 5:33 pm 
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13. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate MacCann and Gerald MacCann suffer permanent anguish, insomnia, lack of appetite, anxiety and irritability, preoccupation and indefinable fear?

Proved.

The judge adds that this psychological state is pre-existent to the book, the documentary and the interview and was not caused by the book. Nonetheless, it cannot be reasonable to believe that the book, the documentary and the interview had no effect on the couple, i.e. It had an effect but that is perfectly normal.


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PostPosted: Wed Jan 21, 2015 5:34 pm 
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14. Authors Kate MacCann and Gerald MacCann feel a deep shame and an indescribable ill-being because they are considered, by most people who know the theories of defendant Gonçalo Amaral, as having responsibility in the death of their daughter, being so cowardly that they have hidden her cadaver, simulating abduction, all of this to avoid criminal accusations?

Proved that the couple felt badly about being considered responsible over the hiding of their daughter's body and simulating her abduction by those who believe in Mr Amaral's thesis.

The judge states that it is not possible to determine what most people who have read or seen Mr Amaral's thesis actually think.
She adds that the plaintiffs failed to prove shame, even with Kate stating it was not shame that she felt.
The judge once more believes it is expectable that the plaintiffs would feel badly about being considered to be responsible for hiding the body and staging an abduction - not, the judge stresses, about being responsible for their daughter's death, as is commonly, and mistakenly, believed.


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PostPosted: Wed Jan 21, 2015 5:34 pm 
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15. Authors Kate MacCann and Gerald MacCann live under enormous daily pressure due to the need to keep their younger children away from the knowledge of defendant Gonçalo Amaral’s opinions about their moral integrity?

Proved that the couple feels the need to keep their younger children from finding out about said thesis.

This fact also derives from common experience and was corroborated by David Trickey's testimony.


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PostPosted: Wed Jan 21, 2015 5:34 pm 
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16. Namely because of defendant Gonçalo Amaral’s statements in the book, in the documentary and in the interview to Correio da Manhã, author Kate MacCann is immerged in a deep and serious depression, which has already made her state publicly “I wish I was in a coma, to relieve the pain”?

Not proved.


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PostPosted: Wed Jan 21, 2015 5:34 pm 
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17. Sean and Amelie MacCann will soon become aware of the conclusions that are mentioned in J), because they will go to school?

It is proved that Sean and Amelie started school in August of 2010 and have not learned about Mr Amaral's thesis yet.


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PostPosted: Wed Jan 21, 2015 5:53 pm 
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21. The criminal inquiry was reopened due to the appearance of new evidence?

Not proved.

22. The attention of the media and of people in general diminished when defendant Gonçalo Amaral’s book was published?

Not proved.

24. The so-called “Maddie Case” has been profoundly treated within the Portuguese and foreign society, whether by the media, or through books, like those authored by Paulo Pereira Cristóvão, Manuel Catarino and Hernâni Carvalho?

Proved.


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PostPosted: Wed Jan 21, 2015 6:13 pm 
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25. The so-called “Maddie Case” was commented upon by Dr. Francisco Moita Flores, former inspector, writer, criminalist and commentator, in various media?

Proved.


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PostPosted: Wed Jan 21, 2015 6:23 pm 
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27. Are the facts that are reported by defendant Gonçalo Amaral in the book and in the aforementioned interviews, like he himself writes and said, facts that were established during the inquiry?

28. Does the documentary only contain facts that are also in the inquiry files?

(Both articles) It is proved that the facts in the book and in the documentary, concerning the investigation, are mostly facts that took place in the investigation and are documented as such.

The judge does note that some of the facts in the book are not complete, and some facts that are in the book are not in the case files, including Jane Tanner's "informal" recognition of Robert Murat.

To be continued


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