quarta-feira, 4 de janeiro de 2012
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04 January 2012, 12:36
With thanks to Astro for translation
Addendum to the Criminal Process for Defamation Against Marcos Aragão Correia Joana Morais
16 June 2009, 12:36
With thanks to Astro for translation
Brief introductory note: The hereunder addendum belongs to a process for criminal defamation and vilification against Marcos Aragão Correia filed by Dr. Gonçalo Amaral in April 2008. While this process is at the moment stalled in the Public Ministry, a counter-complaint filed against Dr. Gonçalo Amaral by the psychic lawyer, in October 2008, was urged forward.
The following document is published with the author's permission
JUDICIAL COURT OF FARO
PUBLIC MINISTRY SERVICES
Gonçalo Amaral, the offended party with the capacity to constitute himself as an assistant, and better identified in the files, comes forward to APPEND the following to the criminal complaint that was presented against arguido Marcos Aragão, under the rights of petition and of probatory intervention:
1. The arguido has publicly displayed what seems to be a manifest lack of balance of pathological origin, ruled by streaks of social dangerousness, which deposes in favour of his eventual lack of imputability and impedes him, if that scenario is confirmed, from being the target of an accusation dispatch.
2. Taking into account that, under the provision of law, the "public and notorious facts" also constitute evidence, it is possible to collect from the press, in a brief search through the internet, the following probatory material, with which the present addendum is rendered objective:
DIÁRIO DE NOTÍCIAS, 22.06.2007: Madeira. Fifty children will launch yellow balloons with a photo of little Madeleine, who disappeared fifty days ago today. Aragão Correia, one of the organisers, explains why he considers it to be important for Madeira to join this homage. (Cfr. document nr. 1)
SOL, 13.11.2007: A lawyer from Madeira, Marcos Aragão Correia, has judicially prosecuted the Portuguese postal service for failing to personally deliver a registered letter that was addressed to the McCann couple, in which he indicated leads that he considers could assist the investigation, and which he had already revealed to the Polícia Judiciária in Funchal. "As I didn't get any feed-back from the PJ – he explains -, I decided to communicate them directly to the child’s parents, in a letter." (Cfr. document nr. 2)
SOL, 13.11.2007: Lawsuit against the Portuguese postal service. The judge has ruled the bad faith litigation that had been filed by the lawyer to be unfounded, condemning him to pay a judicial fee of approximately 100 euros, and has postponed the trial sine die. (Cfr. document nr. 3)
BARLAVENTO, 07.02.2008: Lawyer from Madeira claims to know everything. A lawyer from Madeira is the most recent star in the search for Madeleine. Marcos Aragão Correia, who went as far as filing a lawsuit against the Portuguese postal service, has headed a search operation with divers at the reservoir, on Saturday. He only found a shutters’ strap. (Cfr. document nr. 4)
IOL.DIÁRIO, 12.03.2008: Lawyer from Madeira reinforces searches at the Arade dam. Marcos Aragão Correia is a lawyer, and for the second time within only a few months, he is heading searches at the Arade dam, in Silves. The searches have started again this Monday and strange objects have been found already. Several ropes, a sheet of plastic and a child's sock. (Cfr. document nr. 5)
DIÁRIO DE NOTÍCIAS, 15.03.2008: Upon conclusion of the searches, Marcos Aragão Correia said his conscience was at peace. "I don't leave disillusioned, because I've done what I could in the face of information that I consider to be credible." (Cfr. document nr. 6)
PORTUGAL DIÁRIO, 12.03.2008: And what moves Aragão Correia? The lawyer says that he has received "credible leads" concerning what happened to Maddie. "For the time being, we can't publicly reveal the leads and who offered them, due to security concerns." (Cfr. document nr. 7)
SOL, 15.12.2008: Aragão Correia states that he is a medium and has had 'visions' of Maddie and Joana, asserting that he saw the body of the little English girl at the Arade dam. Searches were carried out in the area, but revealed to be fruitless. "In that case I committed a serious mistake. I revealed my plans with anticipation and the person responsible for Maddie's death had time to go there and remove the body." (Cfr. document nr. 8)
DIÁRIO DE NOTÍCIAS, 13.03.2008: Lawyer Marcos Aragão Correia is increasingly convinced of the relationship between the possible death of Maddie with that of Mari Luz, from Huelva, whose body was found. "There are no doubts left – he says – that the criminal abducted Madeleine and fled to Spain, where he abducted another girl, Mari Luz." (Cfr. document nr. 9)
CAMARADECOMUNS.BLOGS.SAPO.PT, 04.12.2008: Today, the 4th of December, I read what I never thought would be possible to read about the Maddie and Joana cases. The illustrious lawyer Dr Marcos Aragão Correia believes that there is an intervention by British secret services and secret societies, namely the "Skull and Bones", to which he states that president George Bush belongs, whose purpose it is to create a climate of insecurity to promote the implementation of chips in children. (Cfr. document nr. 10)
BARLAVENTO, 17.10.2008: Marcos Aragão Correia, lawyer to Leonor Cipriano, is going to request police protection. "We've been targeted by threats – he said -, mentioning that one of the arguidos in the process compared him to his dog, saying that when one is playing at an inappropriate time, one should receive a correctional slap on one's back." (Cfr. document nr. 11)
SOL, 22.01.2009: Leonor Cipriano's lawyer is thrown out of court. Before the trial session started, he was notified: he is preventively suspended by the Lawyers' Order. 15 minutes later, he returned to the court room saying that the situation was already solved. The judge threw him out of the room: "Get yourself out of here," he ordered. (Cfr. document nr. 12)
IOL.DIÁRIO, 22.01.2009: Marcos Aragão Correia announced that he is going to request the annulment of today's audience. "I'm filing a complaint with the Magistrates' Superior Counsel, against the president of the judge panel." (Cfr. document nr. 13)
DIÁRIO DIGITAL, 22.01.2009: Marcos Aragão Correia advances that judge Henrique Pavão has a partial attitude. In order to justify the partial attitude, the lawyer said that the magistrate refused 40 requests from the assistant. (Cfr. document nr. 14)
BARLAVENTO, 20.02.2009: Today, presiding judge Henrique Pavão recalled that the request that was made by Aragão Correia should not have been presented at the court of Faro, but at the court of superior hierarchy. But for reasons of process economy, the judge himself sent Aragão's request to the Appeals Court of Évora. (Cfr. document nr. 15)
BARLAVENTO, 21.03.2009: Appeals Court of Évora denies provision on removal of presiding judge. (Cfr. document nr. 16)
DIÁRIO DE NOTÍCIAS, 23.04.2009: Leonor Cipriano's lawyer accuses judge of censorship. Aragão Correia, who presented today yet another complaint about the judge to the Magistrates' Superior Counsel, argued that Henrique Pavão, without any justification that is acceptable under the law, abruptly, and for 6 times, interrupted his allegations, causing him "manifest disturbance". (Cfr. document nr. 17)
SOL, 28.01.2009: Leonor Cipriano's lawyer asked GNR today to search at "an abandoned house up in the hills of Figueira", where Joana's mother confessed that João Cipriano buried the little girl's body. (Cfr. document nr. 18)
DIÁRIO DE NOTÍCIAS, 08.06.2009: Leonor Cipriano's lawyer says that the former – who was condemned to 16 years in prison over the co-authorship of Joana's murder – must be acquitted. The lawyer says that he "bluffed" with João Cipriano in order to convince him to sign a confession in which he stated that he tried to sell the little girl. Aragão told Leonor's sister that he had heard that a convict who had been condemned to over 20 years in prison for homicide, was about to be transferred to Carregueira prison with the purpose of murdering him. (Cfr. document nr. 19)
3. If he weren't the victim of a serious pathology, Marcos Aragão Correia would certainly be determined to disturb public peace and the mental health of populations with psychic "visions" of missing children, extraterrestrial informants, searches in reservoirs, warnings about the mass implementation of chips in children and teenagers, without forgetting to deliberately compare himself with a canine and to shame the legal profession in court rooms, with an endless succession of requests that are rejected due to their absurdity, calls to attention from the judge, interrupted allegations and expulsion from court.
4. Two questions pose themselves in view of the above mentioned pieces of evidence, which reflect, in the victim's perspective, a vast curriculum of insanity over a brief period of time:
1st – The question of the lack of imputability of Marcos Aragão Correia, or rather the question of the accentuated probability that the subject suffered, during the practise of the facts under investigation, of a psychic anomaly (permanent or non-censorable accidental) that may have rendered him incapable of evaluating the unlawfulness of his behaviour and to auto-determine himself according to law, which, if confirmed, prevents the Public Ministry from deducting an accusation, given the fact that the probatory indications will then not result in a reasonable probability of him being condemned in trial;
2nd – The question of Marcos Aragão Correia constituting a danger to the social community and to the juridical goods that are sustained by it, a danger that, if confirmed, may impose due regular psychiatric treatment or, in last instance, the preventive commitment to a psychiatric hospital or analogous institution.
5. Apart from what is established in the Mental Health Law, the Penal Code itself clearly determines that anyone who practises a typical illicit action and is considered not to be imputable, is committed to a cure, treatment or safety institution, whenever there is a sustained reason to believe that he may commit facts of the same kind. And Marcos Aragão does, indeed, seem to constitute a permanent danger to himself and to others.
6. The following diligences are considered to be relevant and pertinent to the establishment and good decision of the cause, as well as for the apparently necessary treatment of arguido Marcos Aragão, constituting simple process incidents without autonomous transit:
The performance of a psychiatric examination of the arguido, which will evaluate psychical characteristics with pathological causes that may raise the issue of his lack of imputability and the consequent impossibility of the pronunciation of an accusatory dispatch;
The performance of an examination of the arguido's personality, which may evaluate psychical characteristics independently of pathological causes in order to determine his personality and level of danger, as this possible danger may be attenuated through regular psychiatric treatment or, as a last instance, through preventive commitment to a psychiatric hospital or a similar institution.
Thus Your Excellency is requested to integrate the present ADDENDUM and the appended documents to the files, as well as to put mechanisms into action in the sense of obtaining the performance of the competent examinations.
APPENDED: Copy and 19 documents.
The offended with the ability to constitute himself an assistant