Author Topic: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.  (Read 533382 times)

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Offline carlymichelle

Ex-police chief who claimed McCanns covered up Maddie's death by faking her disappearance 'to sue' couple

Goncalo Amaral announces legal action, with the McCanns already reeling from losing £430k in libel fees

THE EX-police chief who claimed "the McCanns covered up Maddie's death by faking her disappearance" has announced he is planning to sue the couple for compensation in a new blow for the couple.

Goncalo Amaral yesterday won an appeal against paying the Brit parents 500,000 euros (£430,000), after a year-long battle against their libel win over his explosive book 'Maddy,The Truth of the Lie'.

The former detective, who worked on the four-year-old's disappearance case in the opening days, claimed the McCanns "covered up Maddie's death by faking her disappearance" in the hurtful book.

Gerry and Kate previously won a libel case against the damning claims, but were heartbroken last night after this was overturned by three judges in an appeal.

The parents had planned to put the £430,000 into their Find Maddie fund.

Amaral's lawyer yesterday announced after the libel U-turn he would sue the McCanns for damages, claiming the couple’s long-running court fight had cost his client money and harmed his reputation.

Miguel Cruz Rodrigues told respected Portuguese daily Expresso: “We are going to advance with a compensation claim against the McCanns.

“My client has suffered years of prejudice and losses.”

He added today: “The Lisbon appeal court decision reinforces our aim to go for a claim against the McCanns for damages over what have been years of financial losses in which my client’s good name has been called into question.”

His claims came just hours after Guerra e Paz, editor of ‘The Truth of the Lie’, announced it would try to rush out new copies of Amaral’s book by next week.

The nightmare scenario for the McCanns paves the way for the book, which Kate McCann has described in court as “devastating and distressing” to go on sale throughout Europe.

The appeal judges said Amaral’s right to express his opinions overruled any duty of confidentiality he had as an ex-police chief heading the Madeleine McCann investigation once the case files, made available on the Internet by Portuguese authorities, were put into the public domain.

The retired detective, who was removed as head of the investigation into Madeleine’s May 3 2007 disappearance after criticising British detectives, had always denied defamation.

The judge concluded he played on his status as a long-serving police officer to present personal opinions and claims about the high-profile case as fact.

The McCanns’ Portuguese lawyer Isabel Duarte has already said she will fight the libel U-turn by appealing to the country’s Supreme Court.

She has 30 days to submit the appeal.

A friend of the couple said they were “seething” over the appeal ruling.

Spokesman Clarence Mitchell said: “The process is not over yet. It is a matter for Kate and Gerry’s lawyers to deal with.”

Ms Duarte said: “This decision was an appreciation of the law and not the facts.

“We can appeal to the Supreme Court which we will do as we have instructions from our clients.”

Amaral is understood to have earned 400,000 euros (£316,000) from his book before it was banned and a subsequent TV documentary.

He claimed in the book Madeleine, who was three when she disappeared from the McCanns’ Algarve holiday apartment, had died in the flat and they had faked her abduction to cover up the tragedy.

The book was released just three days after Gerry and Kate were told their status as arguidos or formal suspects had been lifted on July 21 2008.

The McCanns told the Lisbon court staging the Amaral libel trial in the summer of 2014 they were left “devastated and crushed” by his allegations.

Kate, 48, from Rothley, Leics, said Madeleine’s twin siblings Sean and Amelie, now 11, knew about Amaral’s allegations.

She told the court in July 2014 after applying to make a statement: “I believe that’s what's in Mr Amaral’s book and the documentary is very distressing to adults. To a child it could be very damaging.”

Asked by the judge how she felt after reading the book, she said: “I was devastated. It made me feel quite desperate because of the injustice I felt towards my daughter and our family as a whole.

“It was very painful to read and I felt sad for Madeleine. I also felt anxious and fearful because of the damage I felt it was doing in Portugal.”

She went on to accuse Amaral of “consistently smearing” her and Gerry and claimed they feared the book may have stopped people coming forward with information about their daughter’s whereabouts.

The ex-police chief always denied defamation, insisting what he wrote was based on case files which had already been made public.

Amaral’s lawyer Miguel Cruz Rodrigues claimed in court the McCanns had taken legal action against his client “to rid themselves of guilt for their negligent conduct” in leaving Madeleine and her siblings alone while they ate tapas with friends nearby.

He also claimed their lack of cooperation with the Portuguese police authorities had led to the archiving of the investigation in 2008.

Portuguese prosecutors reopened their probe into Madeleine McCann’s disappearance in May 2014.

http://www.thesun.co.uk/sol/homepage/news/7090166/Ex-police-chief-who-claimed-McCanns-covered-up-Maddies-death-by-faking-disappearance-to-sue-couple.html

wow  awesome news 8@??)( 8@??)( 8@??)( 8@??)(
« Last Edit: April 20, 2016, 07:35:16 PM by John »

stephen25000

  • Guest
Ex-police chief who claimed McCanns covered up Maddie's death by faking her disappearance 'to sue' couple

Goncalo Amaral announces legal action, with the McCanns already reeling from losing £430k in libel fees

THE EX-police chief who claimed "the McCanns covered up Maddie's death by faking her disappearance" has announced he is planning to sue the couple for compensation in a new blow for the couple.

Goncalo Amaral yesterday won an appeal against paying the Brit parents 500,000 euros (£430,000), after a year-long battle against their libel win over his explosive book 'Maddy,The Truth of the Lie'.

The former detective, who worked on the four-year-old's disappearance case in the opening days, claimed the McCanns "covered up Maddie's death by faking her disappearance" in the hurtful book.

Gerry and Kate previously won a libel case against the damning claims, but were heartbroken last night after this was overturned by three judges in an appeal.

The parents had planned to put the £430,000 into their Find Maddie fund.

Amaral's lawyer yesterday announced after the libel U-turn he would sue the McCanns for damages, claiming the couple’s long-running court fight had cost his client money and harmed his reputation.

Miguel Cruz Rodrigues told respected Portuguese daily Expresso: “We are going to advance with a compensation claim against the McCanns.

“My client has suffered years of prejudice and losses.”

He added today: “The Lisbon appeal court decision reinforces our aim to go for a claim against the McCanns for damages over what have been years of financial losses in which my client’s good name has been called into question.”

His claims came just hours after Guerra e Paz, editor of ‘The Truth of the Lie’, announced it would try to rush out new copies of Amaral’s book by next week.

The nightmare scenario for the McCanns paves the way for the book, which Kate McCann has described in court as “devastating and distressing” to go on sale throughout Europe.

The appeal judges said Amaral’s right to express his opinions overruled any duty of confidentiality he had as an ex-police chief heading the Madeleine McCann investigation once the case files, made available on the Internet by Portuguese authorities, were put into the public domain.

The retired detective, who was removed as head of the investigation into Madeleine’s May 3 2007 disappearance after criticising British detectives, had always denied defamation.

The judge concluded he played on his status as a long-serving police officer to present personal opinions and claims about the high-profile case as fact.

The McCanns’ Portuguese lawyer Isabel Duarte has already said she will fight the libel U-turn by appealing to the country’s Supreme Court.

She has 30 days to submit the appeal.

A friend of the couple said they were “seething” over the appeal ruling.

Spokesman Clarence Mitchell said: “The process is not over yet. It is a matter for Kate and Gerry’s lawyers to deal with.”

Ms Duarte said: “This decision was an appreciation of the law and not the facts.

“We can appeal to the Supreme Court which we will do as we have instructions from our clients.”

Amaral is understood to have earned 400,000 euros (£316,000) from his book before it was banned and a subsequent TV documentary.

He claimed in the book Madeleine, who was three when she disappeared from the McCanns’ Algarve holiday apartment, had died in the flat and they had faked her abduction to cover up the tragedy.

The book was released just three days after Gerry and Kate were told their status as arguidos or formal suspects had been lifted on July 21 2008.

The McCanns told the Lisbon court staging the Amaral libel trial in the summer of 2014 they were left “devastated and crushed” by his allegations.

Kate, 48, from Rothley, Leics, said Madeleine’s twin siblings Sean and Amelie, now 11, knew about Amaral’s allegations.

She told the court in July 2014 after applying to make a statement: “I believe that’s what's in Mr Amaral’s book and the documentary is very distressing to adults. To a child it could be very damaging.”

Asked by the judge how she felt after reading the book, she said: “I was devastated. It made me feel quite desperate because of the injustice I felt towards my daughter and our family as a whole.

“It was very painful to read and I felt sad for Madeleine. I also felt anxious and fearful because of the damage I felt it was doing in Portugal.”

She went on to accuse Amaral of “consistently smearing” her and Gerry and claimed they feared the book may have stopped people coming forward with information about their daughter’s whereabouts.

The ex-police chief always denied defamation, insisting what he wrote was based on case files which had already been made public.

Amaral’s lawyer Miguel Cruz Rodrigues claimed in court the McCanns had taken legal action against his client “to rid themselves of guilt for their negligent conduct” in leaving Madeleine and her siblings alone while they ate tapas with friends nearby.

He also claimed their lack of cooperation with the Portuguese police authorities had led to the archiving of the investigation in 2008.

Portuguese prosecutors reopened their probe into Madeleine McCann’s disappearance in May 2014.

http://www.thesun.co.uk/sol/homepage/news/7090166/Ex-police-chief-who-claimed-McCanns-covered-up-Maddies-death-by-faking-disappearance-to-sue-couple.html

Excellent news.

Offline pathfinder73

I really can't believe the hypocrisy on this forum.

If someone says something about someone else they complain to the mods,  can you imagine if someone wrote a book about them saying they hid their child's body?    To say that anyone on here would just let the book go on sale and say nothing or maybe 'it's just what he thinks,  never mind'   is just rubbish.

That is in the official police files and they were never cleared. You don't get cleared by not cooperating with the police.
Smithman carrying a child in his arms checked his watch after passing the Smith family and the time was 10:03. Both are still unidentified 10 years later.

Offline misty

He was case coordinator for 3 months.

He was removed after complaining about interference in the case.

Try to be accurate.

I thought maths was your speciality subject? May to October????

Offline carlymichelle

so the mcanns have to  pay for   GA  s  court stuff and now  he is  sueing them   @)(++(*

ferryman

  • Guest
The lower court was NOT INTERESTED in arguments about the dogs when Gerry McCann tried to talk about them. I don't think it was interested in any of the other stuff you are going on about either. They belong on a thread about the contents of the book, not one about the appeal going Amaral's way.

In a libel trial, Amaral's (firmly established) misrepresentations of truth (also lies, if he knew them to be untrue; incompetence, if he didn't) don't matter?

If that's so (and the evidence of this ruling tends to suggest it might be) the next logical step (for Portugal) would be wholesale abolition of its libel laws, together with removal (from its constitution) of that provision that defends the right of citizens to a good name.

Online Eleanor

"My client's good name has been called into question."

So has that of The McCanns.  Stalemate, anyone?  Sauce for the goose and all that.

Offline jassi

so the mcanns have to  pay for   GA  s  court stuff and now  he is  sueing them   @)(++(*


And their own of course. No doubt Isabella will wish her money up front if she is going to represent them further.
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline pathfinder73

"My client's good name has been called into question."

So has that of The McCanns.  Stalemate, anyone?  Sauce for the goose and all that.

http://www.urbandictionary.com/define.php?term=McCann
Smithman carrying a child in his arms checked his watch after passing the Smith family and the time was 10:03. Both are still unidentified 10 years later.

Offline Lace

That is in the official police files and they were never cleared. You don't get cleared by not cooperating with the police.

Amaral stated it as fact when nothing had been proven and in fact SY are searching for a child they hope will still be alive.

He also said 100% DNA of Madeleine found,  which was a complete lie.

Offline Lace

so the mcanns have to  pay for   GA  s  court stuff and now  he is  sueing them   @)(++(*

Will they,  or will it have to wait until the appeal in the Supreme court?   don't count his chickens carly.

Offline Mr Gray

Amaral stated it as fact when nothing had been proven and in fact SY are searching for a child they hope will still be alive.

He also said 100% DNA of Madeleine found,  which was a complete lie.
The right to a good name is enshrined in European law and that may be where this case goes...

Offline ShiningInLuz

My opinion is that portugal is  a fascist country..am I allowed to hold that opinion or do I have to satisfy you that it is valid...who decided you were the judge on this.
Amaral has accused the mccanns of crimes with no evidence to back his claims yet this is allowed..why is that
You are free to publish your opinion on here, subject to the forum rules.

T'would be nice if those claiming Portugal is a fascist country actually backed up that assertion with some evidence.

Or am I permitted to assert that England is a (insert your insult here) country, without supporting such a claim?
What's up, old man?

stephen25000

  • Guest
I thought maths was your speciality subject? May to October????

Would you care to give the precise dates from start to finish ?

I note you don't dispute that he was removed for objecting to interference in the case.

stephen25000

  • Guest
The right to a good name is enshrined in European law and that may be where this case goes...

Not if we leave the EU.