The McCann v Gonçalo Amaral libel trial as it happens.

[Redblossom]

Amaral's book harmed the search for Madeleine because it reinforced an uncorroborated assumption that Madeleine is dead.

Thats vague and unproven and without evidence and  courts dont do vague unproven and without evidence

[colombosstogey]

Ridiculous is a good word.....dont forget in alot of these cases the plaintiffs and their lawyers greatly exagerrate everything as much as possible, start as high up and you might get half way down......read  this but try and skim over the crappy lying parts


http://www.gerrymccannsblogs.co.uk/press/27JULY9/MIRROR_12_07_09.htm

http://www.gerrymccannsblogs.co.uk/press/27JULY9/sundayMiror_12_7_09.jpg

It says Gerry and Kate have been "totally destroyed from a moral, social, ethical, emotional and family point of view, beyond the pain that the absence of their eldest daughter causes them".

Perhaps they should have thought about that BEFORE they left their 3 children on their own EVERY NIGHT.

Its not Amarals fault the child went missing is it?

He did what ALL good coppers do, look at the parents and friends first.

85% of all abductions are parent/friend related so the percentage is quite high that he is correct.

The parents were not that upset that they didnt go off on jaunts all over the world and LEFT THEIR PRECIOUS surviving children on their own with family....

I read the book it made no difference to me whatsoever however, the behaviour of the parents, did sadly.

[Lyall]

Amaral's book harmed the search for Madeleine because it reinforced an uncorroborated assumption that Madeleine is dead.

Is that actually what damages are being claimed for?

[Cariad]

You are forgetting something, both police forces are investigating (Abduction). they are not and I (repeat) not investigating Amaral's theories in his book. "Tick Tock"

scotty: My point was, Amaral's book did harm the search, the Portuguese police stopped looking for the girl.
10 out 10 for trying to twist my words though

Hiya Scotty, and welcome to the forum!

Just to clarify; which of those two mutually exclusive quotes are you intending to stand by? The one in which the PJ are investigating abduction or the one in which they have stopped looking for the girl.

I don't really feel like the discussion can move on until we've correctly ascertained you position....


Also, you do know that the case was shelved before the book was released don't you?

[Eleanor]

(courts dont do vague unproven and without evidence)

This works both ways does it not, I like this thank you redblossom  10 out 10

Doesn't it ever work both ways.  But Amaral has stated that Madeleine is dead and her body hidden, in some way at the hands of her parents.
I don't know if this is Libel in Portugal.  But you can't really argue the distress it will have caused Madeleine's parents, especially coming from the lead investigator.

There are two issues in this case.  Defamation and Distress.

[Eleanor]

I would like to see Amaral's evidence that the wee girl is dead,ive yet to see any,and the court will agree theres no evidence of his claim, Defamation and Distress I agree with.

Which is why The Judge wants to know how much money Amaral made. IMO

[Lyall]

I would like to see Amaral's evidence that the wee girl is dead,ive yet to see any,and the court will agree theres no evidence of his claim, Defamation and Distress I agree with.

I think what you're missing is that he was a policeman, not a prosecutor. Portugal's judiciary spoke in the documentation that accompanied the shelving of the case. Amaral's personal opinion is just that... opinion.

[Lyall]

Correct, and regardless to what Annaguedes reports,the case is looking good for the McCanns.
I could say more but I don't wish to spoil it for anyone.

You won't be Say more, if you have more.

[Lyall]

I know what Amaral was,and I agree Amaral's personal opinion is just his opinion,no evidence to back him up on the death of the girl.

Why would the Portuguese pay more attention to a book than to the official inconclusive word of the nation's judiciary when the case was shelved?

If it's believed newspapers promoted Amaral's opinion instead of the inconclusive result of the investigation then action should also have been taken against those newspapers, but as we know it was not.

[Redblossom]

(courts dont do vague unproven and without evidence)

This works both ways does it not, I like this thank you redblossom  10 out 10

Amaral is not in court to prove his theory....and it was a theory.....and it was not just his, lets not forget the facts hey?.......

[Redblossom]

It says Gerry and Kate have been "totally destroyed from a moral, social, ethical, emotional and family point of view, beyond the pain that the absence of their eldest daughter causes them".

Perhaps they should have thought about that BEFORE they left their 3 children on their own EVERY NIGHT.

Its not Amarals fault the child went missing is it?

He did what ALL good coppers do, look at the parents and friends first.

85% of all abductions are parent/friend related so the percentage is quite high that he is correct.

The parents were not that upset that they didnt go off on jaunts all over the world and LEFT THEIR PRECIOUS surviving children on their own with family....

I read the book it made no difference to me whatsoever however, the behaviour of the parents, did sadly.

His book caused more pain than losing their daughter? What codswallop.......as well as being totally destroyed....sheer Legal dramatics

[Redblossom]

I stand by both, (they had stopped looking for the girl) (The PJ are now investigating abduction) (They are no longer investigating Amaral's theory)

Your contention is the book made the PJ stop looking....wheres your evidence for this assertion...how can the police look for a missing child when they already decided all avenues were exhausted and closed their case.......BEFORE this book was published...... do you know after the closing/shelving work was still not followed up as and when.....you will have to do better than that.....

[Angelo222]

Why would The Judge want to know how much money Goncalo Amaral has earned if she isn't considering how much to award The McCanns?

Why do people always make the wrong assumptions??  Eleanor, the judge couldn't care less dear, it was Isabel Duarte who requested the info on behalf of the McCanns.

[Redblossom]

And break secrecy laws, no can do, you will have to wait like everyone else.

there are no secrecy laws surrounding the court case....remember....the mccanns lawyer fought GAs team wanting it held in camera and wanted it out in the open to the press.....and then looked what happened.....they caused what they are claiming that Amaral might have caused with his Portuguese book unavailable in the UK.....and seeking 80k for each of them in damages...... kids being taunted and asked questions in school!! When the British press plastered all the gory details on their front pages..imagine them  reading or being told their mummy wanted to kill herself.....horrible sad irony.......

[colombosstogey]

I would like to see Amaral's evidence that the wee girl is dead,ive yet to see any,and the court will agree theres no evidence of his claim, Defamation and Distress I agree with.

There is no evidence she is alive or dead it works both ways.

What I dont understand is quite simple really. IF the child was taken by a pedophile, she will hardly be alive now anyway.

You leave your most precious items unlocked in an unsecure place every night, which actually if there was a perb about would have given them the idea to adbuct a child in the first place.

I dont think maddy was a target, I think anyone of the children sadly would have been taken it just turned out that probably she was the easiest and closet to the bedroom door.

The chances of the child still being alive is highly improbable sadly.

There is ABSOLUTELY NO EVIDENCE she was abducted by a stranger, but there is evidence that something happened to SOMEONE in that apartment. BUT of course that has to be discounted....follow my link the dogs were right AGAIN on this one.

I have NO IDEA what happened to the child neither do you.

I really hope one day we will find her safe and well, but sadly the odds are really against this as a reality.

The book did NOTHING to stop the child being found it was published AFTER THE CASE WAS CLOSED.....

Again IF the book had been published months BEFORE the case was closed then I can see an arguement.

I am still sitting on the fence about this case, I am still wondering if she went out of the apartment on her own and got herself into trouble.

Kids do sadly there are more accidents to children then abductions and many abductions are related not by a stranger.

http://children-laws.laws.com/child-abduction/abduction-statistics