Victor Tavares de Almeida
(Police Chief Inspector)
By Anne Guedes of the UK Justice Forum
Libel trial McCann v Gonçalo Amaral - Day 7
Witness No 2
(08.10.2013, 11:45am). There are some video-link
connection problems, a pause is decided. Once Victor Tavares de
Almeida appears on the screen, the lawyers return to the Court and
the trial commences at 11:55am.
The Judge asks the witness if he is a Chief
Inspector.
TA says he is.
The Judge asks where he works and for how long he
has been there.
TA says he has worked in the DIC (Department of
Criminal Investigation) at Portimão since January 2007.
The Judge presents the reason for this trial and
asks if the witness is aware of it.
TA says he knows exactly.
The Judge asks if the witness participated in the
investigation.
TA says he started to work on the case two days
after the disappearance of Madeleine McCann until the end of
September 2007.
The Judge – Hierarchically, were you
subordinated to Gonçalo Amaral? TA said that Gonçalo Amaral was the
Coordinator and he was under him.
The Judge – Were you Number 2?
TA says it can be said so.
The Judge asks whether, independently of
professional ties, is there a personal friendship between him and
Gonçalo Amaral.
TA said that is correct.
The Judge wants to know if the relationship with
the McCanns was only professional.
TA says the unique relationship he had was exactly
that, professional.
The Judge asks the witness if he has read GA's
book.
TA says he only read the final part.
The Judge asks if he watched the documentary
produced by Valentim de Carvalho.
TA says he didn't.
Witness says he will answer with honesty.
Guerra & Paz's lawyer's is the first to
question the witness.
GP – You exercised your functions in the
Madeleine McCann investigation until September 2007...
TA takes
advantage of a pause – "why?"
GP – No, I just wanted to confirm this.
TA confirms.
GP – Do you have any knowledge of a note emitted
by the media because of the shelving of the process?
TA doesn't know to what note the lawyer refers
(see below*)
Then all the lawyers, one by one, state that they
don't have any questions for the witness since he didn't read the
book nor watched the documentary.
Evidence ends.
* The note is an important feature of this
case, it considers and lists the 3 possible methods whereby the case
can be reopened following the shelving Report by the Public Ministry.
They are as follows:-
1) A hierarchically superior magistrate can
disagree with the shelving and order an instruction inquiry.
2) Any of the arguidos can request an
instruction inquiry. They would have participated in the diligences,
asked for new operations and finally had been part of a final
contradictory debate.
3) Anyone who has a new and relevant piece of
evidence can request the reopening of the process.
The question of the note to the media, asked of
Eduardo Dâmaso by the Defence, isn't mentioned in the Dâmaso
statement (he didn't know what it was). Since it is again asked of
another witness, it is reproduced below in both Portuguese and
English:
NOTA PARA A COMUNICAÇÃO SOCIAL
Por despacho com data de hoje (21.07.2008)
proferido pelos dois magistrados do Ministério Público competentes
para o caso, foi determinado o arquivamento do inquérito relativo ao
desaparecimento da menor Madeleine McCann, por não se terem obtido
provas da prática de qualquer crime por parte dos arguidos.
NOTE TO THE MEDIA
By order dated today (21.07.2008) emitted by the
two prosecutors in charge of the case, we determined the shelving of
the investigation concerning the disappearance of the minor Madeleine
McCann having failed to obtain any evidence of the practice of any
crime by the arguidos.
II
Cessa assim a condição de arguido de Robert
James Queriol Evelegh Murat, Gerald Patrick McCann e Kate Marie
Healy, declarando-se extinctas as medidas de coacção impostas aos
mesmos.
Ceases then the arguido status of defendant Robert
James Queriol Evelegh Murat, Gerald Patrick McCann and Kate Marie
Healy, being declared extinguished the coercive measures imposed on
them.
III
Poderão ter lugar a reclamação hierárquica,
o pedido de abertura de instrução ou a reabertura do inquérito,
requeridos por quem tiver legitimidade para tal.
Can be reopened following a hierarchical
complaint, the request for opening an instruction or the reopening of
the investigation, required by those who would have legitimacy to do
so.
IV
O inquérito poderá vir a ser reaberto por
iniciativa do Ministério Público ou a requerimento de algum
interessado se surgirem novos elementos de prova que originem
diligências sérias, pertinentes e consequentes.
The investigation will be able to be reopened at
the initiative of the Public Ministry or on request of any person
interested if new evidence arises deserving of serious, relevant and
consequential diligences.
V
Decorridos que sejam os prazos legais, o
processo poderá ser consultado por qualquer pessoa que nisso revele
interesse legítimo, respeitados que sejam o formalismo e limites
impostos por lei.
Lisboa, 21 de Julho de 2008
O Gabinete de
Imprensa
Ana Lima
Elapsed since the legal deadlines, the process may
be inspected by any person showing legitimate interest, in the
respect of the formalism and the limits imposed by the Law.
Lisbon, 21 July 2008
O Gabinete de
Imprensa
Ana Lima
Note from John
(Senior Editor of UK Justice Forum):
"A special feature of this Report is the reference to a 'note' which relates the conditions on which the case has been shelved.
It should be noted that any of the arguidos have the right to ask that the case be reopened at any time."
Day 1 - 12th September 2013
Witness 1 Susan Hubbard (friend of Mrs McCann)
Witness 2, Emma Loach (Documentary film maker)
Witness 3, David Edgar (Private Investigator for the McCanns)
Day 2 - 13th September 2013
Witness 1, David Trickey (Psychologist)
Witness 2, Angus McBride (Lawyer)
Day 3 - 19th September 2013
Witness 1, Alan Pike (Trauma Consultant)
Witness 2, João Melchior Gomes (Former Deputy Attorney General)
Witness 3, Alípio Ribeiro (Former National director of the Polícia Judiciária)
Witness 4, Cláudia Nogueira (Media Consultant)
Day 4 – 20 September 2013
Witness 1, Michael Wright (Administrator) – his wife is Kate McCann's cousin.
Witness 2, Maria Stilwell (Writer and Newspaper Editor)
Day 5 – 27 September 2013
Postponed
Explanation of Postponement
Day 6 - 2nd October 2013
Witness 1, Patricia Cameron - Gerry McCann's sister (Nurse)
Witness 2, Henrique Machado (Reporter for Correio da Manhã newspaper)
Witness 3, Eduardo Dâmaso (Reporter for Correio da Manhã newspaper)
Day 7 - 8th October 2013
Witness 1, Ricardo Paiva (Police Inspector)
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