sábado, 20 de novembro de 2010

Não faças perder tempo e devolve os exemplares,I$a!

"Question: Ms Duarte, could you please quantify, or at least evidence, the pain and suffering endured by your clients as a direct consequence of the material discussed in Dr Amaral's published work?"

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"Cloud Cuckoo Land

EXCLUSIVE to mccannfiles.com

By Dr Martin Roberts

20 November 2010


So, esteemed Portuguese lawyer Isabel Duarte, acting on behalf of the McCanns, is progressing with plans to 'appeal the appeal', so to speak.

Just as Gonçalo Amaral had to present grounds for calling into question a judge's decision to uphold an injunction against him, Duarte has to furnish an argument sufficient both to endorse the original decision and to outweigh, rather than merely counter, the basis of the appeal court's reversal of that decision. In talking openly to the press she gives the impression of being quite confident she can do exactly that. Her optimism is founded on her view that 'essential facts' had not been taken into account by the appeal court judges. And what might these 'essential facts' be? Ms Duarte helpfully goes on to clarify:................................

It is as well to bear in mind that we are not talking about a professional 'also ran' here.

Ms Duarte is a pre-eminent legal representative and a candidate for election to the presidency of the Portuguese equivalent of our bar association.

Any client of hers is entitled therefore to suppose her own grasp of Portuguese law to be complete.

 As far as is possible, subtlety of interpretation should position her advocacy several degrees above mere recourse to common sense. So what do the McCanns get for their money?

Gonçalo Amaral published a book to make money

Who doesn't? The McCanns themselves have just announced an intention to reap the benefit of their own 'account of the truth' in due course.


.............. Isabel Duarte's 'essential fact' number one is itself so obvious, as well as irrelevant, that like the many such leads previously filed by the PJ, it scarcely warrants a second glance. Does Ms Duarte really suppose the Supreme Court in Portugal is likely to see it another way?


Pain and suffering is something we generally try to alleviate at the earliest opportunity. To suffer unduly over time is indicative either of a masochist or someone more fearful of the treatment than the malady.

Self evidently the McCanns' pain and suffering was not sufficiently acute for them to do anything about it for a year at least.


Question: Ms Duarte, could you please quantify, or at least evidence, the pain and suffering endured by your clients as a direct consequence of the material discussed in Dr Amaral's published work?

No? Then let us turn to 'essential fact' number three:

Consider, if you will, a rather outlandish analogy: A hypothetical team of 'Indiana Jones' types believe they are just a few clues from discovery of the Holy Grail, when along comes Da Vinci Code author Dan Brown and explains, in print, why they are all wasting their time, because the Holy Grail is not actually a drinking vessel after all. So, to a man, the intrepid archaeologists give up their search. Having invested time, money and energy in pursuing their quarry, they down tools and go home, on Dan Brown's say so. Do they indeed? And if one or other of them happens to discover, in a not inappropriate location, a goblet conforming to his or her understanding of what the Holy Grail should be like, is that person likely to dismiss it as 'not the Holy Grail' because it contradicts Dan Brown's theory? Similarly, would anyone catching sight of a young girl with a conspicuous coloboma in her right eye and answering to the name Maddie ('She hated it when we called her that' - KM) ignore her completely on account of Gonçalo Amaral's opinion?

 This is a little girl's life we're talking about remember.

Question (We've been here already): Ms Duarte, could you please quantify or evidence the extent to which the search for Madeleine has been impeded by Dr Amaral's published work?

No? Then why on earth has this court been convened?
Give the man his books back and stop wasting our time!
And while you're at it you might just review your own career objectives (Plan B could come in handy).
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