Author Topic: The McCann v Gonçalo Amaral libel trial as it happens.  (Read 412205 times)

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Aiofe

  • Guest
Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #750 on: November 07, 2013, 06:57:18 PM »
Just as a matter of interest would signing the Official Secrets Act be relevant here?  If so I wonder if there is a similar requirement in Portugal.



The decision in the libel trial may revolve around that.

Note that I am not partisan about this and believe that any outcome is possible. I do not know the Portuguese system as well as I know the English one, but I do know that verbal hearings are a minor part of the whole process, that it is not adversarial, and the Judge applies the law. I also know that it is not simply a libel trial, but also a trial about privacy and personal rights- so much wider than just the question of defamation.

It could go either way or may well be a goalless draw. Time will tell.

Offline Carana

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #751 on: November 08, 2013, 02:07:50 PM »
First off you are wrong about Amaral never having met the McCanns.  He might not have shaken hands or spoken to them which was understandable given his position and the language barrier but he was there when they were questioned at Portimao.

Secondly, the issue as to whether Amaral's book is libellous or not is the subject of a trial at the moment.  My own view is that this question cannot be determined until it is established what happened to Madeleine.

Are you sure about that John? Kate said in her book that Gerry had met him briefly at some point. Other than that, I haven't found anything to substantiate anything more.

What do you mean by "he was there when they were questioned at Portimao." Where? When? According to whom? What in the files would substantiate that?

Offline Angelo222

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #752 on: November 08, 2013, 02:20:40 PM »
Are you sure about that John? Kate said in her book that Gerry had met him briefly at some point. Other than that, I haven't found anything to substantiate anything more.

What do you mean by "he was there when they were questioned at Portimao." Where? When? According to whom? What in the files would substantiate that?

Amaral said so didn't he when the McCanns thought they were about to be charged.  Didn't he repeat what Kate uttered..."What will the Press say...what will our parents say?"

Off topic btw 8(0(*
« Last Edit: November 08, 2013, 02:22:33 PM by Angelo222 »
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

AnneGuedes

  • Guest
Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #753 on: November 08, 2013, 03:21:16 PM »
Amaral said so didn't he when the McCanns thought they were about to be charged.  Didn't he repeat what Kate uttered..."What will the Press say...what will our parents say?"

Off topic btw 8(0(*
Off topic but correction needed, Angelo. You're speaking here of another inspector, Ricardo Paiva.

Offline John

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #754 on: November 11, 2013, 10:50:25 PM »
Anne, I notice from the latest Court Report that the Judge may allow the plaintiffs to be heard on the 27th November but not apparently as witnesses.  What exactly is this all about? 

Are they going to be allowed to make some sort of statement to the Court instead of being examined?
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline Meadow

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #755 on: November 12, 2013, 07:51:03 AM »
Thanks Anne and John.  I followed closely the cases of Halligen & now Shrien Dewani with regard to extradition from the UK, going to the high levels of appeals - and along the way I got mystified as regard the UK justice system ... and for that matter I am still.

My parallel here being the LEGAL matters are for LEGAL EAGLES, and it hard to judge the system in another country, when I (we) don't even understand our own.  Yet alone the quasi-area of civil legal issues, for instance Libel or Slander.

I hadn't realise to the far reaching extent that Sr Amara'ls personal incomes had been so curtailed by this case, like his pension, yet alone the potential or loss of earnings from his books.  Although I did understand certain 'assets' we ceased, but his pension!

Beyond this here and now case, once the judge has given a decision I suppose there might be appeals.  But what is important to know is can the judge award damages\costs?  Or does either side then have to come before the courts to set damages?  And if damages are awarded when of IF does Sr Amaral & his publishers seek recompense for the delay in returning the books - of is that water under the bridge.

Again, apologies if I'm in the wrong thread\posts area.

AnneGuedes

  • Guest
Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #756 on: November 12, 2013, 09:40:01 AM »
Anne, I notice from the latest Court Report that the Judge may allow the plaintiffs to be heard on the 27th November but not apparently as witnesses.  What exactly is this all about? 

Are they going to be allowed to make some sort of statement to the Court instead of being examined?
This is a new disposition of the New CPC. I suppose neither the McCanns nor GA can be witnesses, being parties in the process. This means they don't have to be notified. I'm not sure they can be cross-examined. May be only by the judge ? I'll try to know.

AnneGuedes

  • Guest
Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #757 on: November 12, 2013, 09:54:15 AM »

Beyond this here and now case, once the judge has given a decision I suppose there might be appeals.  But what is important to know is can the judge award damages\costs?  Or does either side then have to come before the courts to set damages?  And if damages are awarded when of IF does Sr Amaral & his publishers seek recompense for the delay in returning the books - of is that water under the bridge.

Yes of course, an appeal is possible. I think that the judge determines the amount of the damages. Usually the one who loses pays the damages, though sometimes, in case of a symbolical damage (1€ in France !), the costs are divided between the parties.
Now, if Mr Amaral loses but is only condemned to pay let's say 10.000€, what about his assets and part of pension that have been frozen during so many years and represent more than that, apart from the interests ?
It seems that ID wasn't the first lawyer solicited, she's a second or third best. She normally is on the other side of the fence (she defended Aragao Correia against Gonçalo Amaral in a libel case, and won).

Offline Kazcutt

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #758 on: November 20, 2013, 07:39:32 AM »

News
World news
Madeleine Mccann
Disgraced Madeleine McCann detective must reveal how much money he made from book about bungled Maddie probe
20 November 2013 12:00 AM By Andy Lines
A judge ordered Goncalo Amaral to hand over receipts - Gerry and KateMcCann are suing him for £1million over his book The Truth of the Lie
Receipts: Goncalo Amaral who published a book making allegations about Maddie's disappearance
Disgraced former detective Goncalo Amaral was yesterday ordered by a judge in Lisbon to reveal how much cash he made from a book about the bungled Madeleine McCann probe.

Amaral, 56, has 10 days to hand over receipts.

The book’s publishers and the producers of a TV documentary were also instructed to reveal how much they paid him in royalties.

Gerry and Kate, both 45, are suing him for £1million over his book The Truth of the Lie, in which he claimed they covered up their girl’s death in the Algarve in 2007.

He denies defamation.

stephen25000

  • Guest
Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #759 on: November 20, 2013, 07:46:51 AM »
News
World news
Madeleine Mccann
Disgraced Madeleine McCann detective must reveal how much money he made from book about bungled Maddie probe
20 November 2013 12:00 AM By Andy Lines
A judge ordered Goncalo Amaral to hand over receipts - Gerry and KateMcCann are suing him for £1million over his book The Truth of the Lie
Receipts: Goncalo Amaral who published a book making allegations about Maddie's disappearance
Disgraced former detective Goncalo Amaral was yesterday ordered by a judge in Lisbon to reveal how much cash he made from a book about the bungled Madeleine McCann probe.

Amaral, 56, has 10 days to hand over receipts.

The book’s publishers and the producers of a TV documentary were also instructed to reveal how much they paid him in royalties.

Gerry and Kate, both 45, are suing him for £1million over his book The Truth of the Lie, in which he claimed they covered up their girl’s death in the Algarve in 2007.

He denies defamation.

That should be interesting, especially if we see the money the mccanns have made from their daughters disappearance.

Offline Mr Moderator

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #760 on: November 20, 2013, 08:45:20 AM »
What I am hearing from Lisbon is that this case will still be going on in January at this rate.  This latest move by Isabel Duarte is seen as nothing more than a delaying tactic.  The judge will decide next Wednesday whether a statement by the McCanns can be heard by the court.

I am told that Anne is doing a short report for us on what really went on in Lisbon yesterday.

Offline Angelo222

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #761 on: November 20, 2013, 09:33:32 AM »
What I am hearing from Lisbon is that this case will still be going on in January at this rate.  This latest move by Isabel Duarte is seen as nothing more than a delaying tactic.  The judge will decide next Wednesday whether a statement by the McCanns can be heard by the court.

I am told that Anne is doing a short report for us on what really went on in Lisbon yesterday.

When the McCanns case goes tits up I hope they are  able to produce receipts for all their earnings for when Amaral sue's them.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline pinkblossoms

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #762 on: November 20, 2013, 09:54:34 AM »
When the McCanns case goes tits up I hope they are  able to produce receipts for all their earnings for when Amaral sue's them.

 @)(++(* wish on

Offline Victoria

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #763 on: November 20, 2013, 09:56:10 AM »
When the McCanns case goes tits up I hope they are  able to produce receipts for all their earnings for when Amaral sue's them.

What exactly can Amaral sue them for? By the way, I think it's rather obvious that the McCanns have all but won this court case.

stephen25000

  • Guest
Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #764 on: November 20, 2013, 10:00:32 AM »
What exactly can Amaral sue them for? By the way, I think it's rather obvious that the McCanns have all but won this court case.

'it's rather obvious that the McCanns have all but won this court case.'

Really, they've been pulled apart so far, hence their need to make witness statements themselves.

It is very apparent Amaral's book has not hindered any 'search' whatsoever, and the information in the book was common knowledge.