Amaral and the dogs

[carlymichelle]

#=

Wait and see ferryman.

as they  say  it aint over until the fat lady sings *&*%£

[Benice]

The dog alerts were confirmed and Gonçalo Amaral did not misinterpret the DNA results. The first reports given to the PJ from the laboratory and the UK police indicated a match to Madeleine, then with the bombshell final report, John Lowe somehow mixes in 37 markers instead of the 19 and all of a sudden they don't know who the fluids belong to! Very strange or not so strange at all.

So - when all else fails - claim it was a conspiracy.  That is what you are claiming above isn't it Montclair?

[Montclair]

So - when all else fails - claim it was a conspiracy.  That is what you are claiming above isn't it Montclair?

I'm not claiming anything, I'm just telling you what happened.

[Montclair]

No it isn't an automatic right.

The appellants must cite grounds of appeal that will be considered and either granted or rejected.

Sorry, the appellants in Portugal do not have to ask for the right to appeal, it is automatic. Especially, in Gonçalo Amaral's case, you don't really think that he wouldn't have the right to appeal a decision which rules that he has to pay over € 500.000,00!

[ferryman]

#=

Wait and see ferryman.

Montclaire, your apology is accepted:

I hope Jean-Pierre will forgive me for citing one of his earlier posts:

The current legal position in Portugal is that Amaral has a right to appeal, and has a limited timeframe in which to do so. 

He will have to stipulate the grounds for the appeal and the legal and or factual matters that he is challenging.  The Court will then decide whether the grounds for that appeal have merit. 

If it decides they do, then the case is sent to the court of second instance (Tribunal da Relação).  If it decides the appeal is without merit then the matter ends there and the judgement of the court is enforced.

The matter may proceed to the Supreme Court, provided that the courts of first and second instance do not provide the same judgement.

The reason for this process is to avoid the higher courts becoming clogged with appeal cases. 

It is also to prevent a respondant being able to spin out an unfavourable judgement indefinitely, thereby denying justice to a rightful claimant.   

(Jean-Pierre)

[stephen25000]

Montclaire, your apology is accepted:

I hope Jean-Pierre will forgive me for citing one of his earlier posts:

The current legal position in Portugal is that Amaral has a right to appeal, and has a limited timeframe in which to do so. 

He will have to stipulate the grounds for the appeal and the legal and or factual matters that he is challenging.  The Court will then decide whether the grounds for that appeal have merit. 

If it decides they do, then the case is sent to the court of second instance (Tribunal da Relação).  If it decides the appeal is without merit then the matter ends there and the judgement of the court is enforced.

The matter may proceed to the Supreme Court, provided that the courts of first and second instance do not provide the same judgement.

The reason for this process is to avoid the higher courts becoming clogged with appeal cases. 

It is also to prevent a respondant being able to spin out an unfavourable judgement indefinitely, thereby denying justice to a rightful claimant.   

(Jean-Pierre)

Read Montclair.

[ferryman]

To clear up a semantic quibble, Amaral has a right to cite grounds of an appeal.

He does not have an automatic right to expect that the grounds will be accepted.

[stephen25000]

To clear up a semantic quibble, Amaral has a right to cite grounds of an appeal.

He does not have an automatic right to expect that the grounds will be accepted.

Are you an expert on Portuguese Law ?

and/or just worried that Amaral will win.

The case is unprecedented in Portuguese legal history.

[ferryman]

Are you an expert on Portuguese Law ?

and/or just worried that Amaral will win.

The case is unprecedented in Portuguese legal history.

I readily concede that Jean-Pierre knows far more about Portuguese law than me.

I have merely repeated what he said.

[stephen25000]

I readily concede that Jean-Pierre knows far more about Portuguese law than me.

I have merely repeated what he said.

How do you know jp is an expert in Portuguese Law ?

and Montclair ?

[Eleanor]

There is a perfectly good Thread on Amaral and The Law.  Please take these comments there.  Thank you.

[Benice]

I'm not claiming anything, I'm just telling you what happened.

Quote
 John Lowe somehow mixes in 37 markers instead of the 19 and all of a sudden they don't know who the fluids belong to! Very strange or not so strange at all.
End quote

So can you explain the above please.   It's sounds to me as if you are inferring a conspiracy took place.  For what other reason would you describe John Lowe's actions as ...'very strange - or not so strange at all' ?

IMO Amaral in his haste -  jumped the gun and came to a premature conclusion which turned out to be wrong.     John Lowe's report simply gave the reasons why he was mistaken.

Would you agree with that?     

[ferryman]

Quote
 John Lowe somehow mixes in 37 markers instead of the 19 and all of a sudden they don't know who the fluids belong to! Very strange or not so strange at all.
End quote

So can you explain the above please.   It's sounds to me as if you are inferring a conspiracy took place.  For what other reason would you describe John Lowe's actions as ...'very strange - or not so strange at all' ?

IMO Amaral in his haste -  jumped the gun and came to a premature conclusion which turned out to be wrong.     John Lowe's report simply gave the reasons why he was mistaken.

Would you agree with that?   

One thing that incensed Amaral was that John Lowe made no more than a fleeting mention of the result from the boot of the Renault Scenic in his report.

He interpreted that as evidence that the FSS had changed their mind.

The FSS had done no such thing.

John Lowe simply considered that, having expained in detail all there was to say about that result in his email to Stuart Prior, there was nothing more to say about it.

[Carana]

The dog alerts were confirmed and Gonçalo Amaral did not misinterpret the DNA results. The first reports given to the PJ from the laboratory and the UK police indicated a match to Madeleine, then with the bombshell final report, John Lowe somehow mixes in 37 markers instead of the 19 and all of a sudden they don't know who the fluids belong to! Very strange or not so strange at all.

I understand that you support Amaral... but I simply don't see how you have come to this conclusion.

Perhaps you could provide clear cites as to how you have done so?

Have you actually read and understood the files regarding Lowe's email and subsequent report?

[Anna]

Yes he does.  So, asking again, why did he alert to a tissue in a windy old gun placement in Jersey and not alert to traces of blood that must surely have been present in all (or at least some) of the apartments he checked out?

A very important question indeed. Nobody wants to answer, though.