Author Topic: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.  (Read 532386 times)

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ferryman

  • Guest
All the bolded bits are either your opinion, not facts, or his opinion which the Appeal Court said he was allowed to express. They were not interested in when he wrote the book, just when it became available which was after the official files were released.

Lace's post (to which you reply) is entirely factual.

If Amaral had kept his accusations confined to the process where he was fully entitled to make them, there would have been no action by the McCanns; indeed, no basis for them to bring an action.

And if Amaral had respected the rules of confidentiality imposed upon him by his position, (as Rebelo, largely, managed to do) the same.

Amaral abused his position, breached laws of secrecy to which he was subject and accused without foundation.

Those are the facts ...

ferryman

  • Guest
Didn't want a lawyer?

I don't suppose Murat's lawyer, Fransciso Pagarete, will sue you.

stephen25000

  • Guest
...

I am part of no group acting on anyone's behalf.

My views are my own.

How about you ?
« Last Edit: April 21, 2016, 11:21:20 AM by ShiningInLuz »

Offline Brietta

Well that phrase really did personify kate mccanns eloquence, and her inability to accept responsibility for her own actions.

Also, IMO of course it reflects narcissism , in her personality.


That is one interpretation of why she was inaudibly saying F****** W***** there are of course very many others given the circumstances of the occasion.

Speaking for myself ... I think she was remarkably restrained and not the least narcissistic, merely distraught at the realisation no one was interested in looking for her missing child.

Goncalo Amaral's theory of death, which the Portuguese court opined didn't harm the search for Madeleine seemed to be the only ball game in town, and her mother realised that she was now the focus of the inquiry and not her missing child.  In the circumstances I think her restraint admirable.
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline jassi

... i  dont think  people  should become so emotionally  involved it isnt  healthy

It most certainly isn't, but the McCann case seems to have this effect on people, judging by some of the vitriolic posts that apparently appear on Twitter & Facebook.
« Last Edit: April 21, 2016, 11:24:06 AM by ShiningInLuz »
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

stephen25000

  • Guest

That is one interpretation of why she was inaudibly saying F****** W***** there are of course very many others given the circumstances of the occasion.

Speaking for myself ... I think she was remarkably restrained and not the least narcissistic, merely distraught at the realisation no one was interested in looking for her missing child.

Goncalo Amaral's theory of death, which the Portuguese court opined didn't harm the search for Madeleine seemed to be the only ball game in town, and her mother realised that she was now the focus of the inquiry and not her missing child.  In the circumstances I think her restraint admirable.

You have your view, I have mine.

Restraint ?

She and her husband are responsible for this case .

...........and there lies the nutshell.

They are always blaming others, for their own failings.

Offline pathfinder73

Didn't want a lawyer?

I don't suppose Murat's lawyer, Fransciso Pagarete, will sue you.

Maybe it is required however........

"He (RM) is the first suspect who will be declared arguido. As such, he benefits from certain rights, one of them being to remain silent. But he does not assert that right and responds to all questions put to him. Despite obvious nervousness, his statements are clear and precise." TOTL

"We believe that the main damage was caused by the McCann arguidos, who lost the possibility to prove what they have protested since they were constituted arguidos: their innocence towards the fateful event; the investigation was also disturbed, because said facts remain unclarified."

http://www.mccannpjfiles.co.uk/PJ/LEGAL_SUMMARY.htm
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 Brietta

Some lady journalist on the Sun and Clarence Mitchell likening RM's behaviour to that of Ian Huntley as I recall.

This morning, somewhere in one of the threads PF has posted a chunk of Goncalo Amaral's freedom of expression in which Mr Amaral appears to be claiming kudos for it.  Who needs a mere journalist?
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline ShiningInLuz


Do you think the McCanns have any prospect of a fair hearing in a Portuguese court system which apparently cannot bring itself to even pay lip service to Article 6 (2) of the ECHR?

Goncalo Amaral's was judged to have violated the McCann's right to the presumption of innocence ... that has been overturned. 

Looking at the wider implications, I think that unilateral precedent affects many more than the McCanns.
I have no expertise in the relevant parts of Portuguese law.  I have no expertise in Article 6 (2) of the ECHR. And I have not seen the full judgement.

So I am not in a position to state whether the relevant sections are in accordance with Art 6 (2) or not.

If the McCanns' lawyer thinks Art 6 (2) has been breached, she does not appear to be saying so in public.

Personally, I will simply wait to see what develops.
What's up, old man?

Offline jassi

I have no expertise in the relevant parts of Portuguese law.  I have no expertise in Article 6 (2) of the ECHR. And I have not seen the full judgement.

So I am not in a position to state whether the relevant sections are in accordance with Art 6 (2) or not.

If the McCanns' lawyer thinks Art 6 (2) has been breached, she does not appear to be saying so in public.

Personally, I will simply wait to see what develops.

A good decision that I, too, shall be following.
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 carlymichelle

You have your view, I have mine.

Restraint ?

She and her husband are responsible for this case .

...........and there lies the nutshell.

They are always blaming others, for their own failings.

they never did take personal responsibility for  whatever did happen   on that holiday did they  ie they never  told parents dont leave children alone etc

Offline G-Unit

...

As far as I can discover the whole Calpol question originated from an interview with Kate's father, which was 'embroidered' by the Sun.  Carana wrote:

The Sun then ran with it and added “to help her sleep” in the quote:

The Sun (7 Sept)
Mr Healy said: “I know Kate and Gerry would not harm Madeleine at all.

“Kate may have used Calpol (to help her sleep),

This, of course, got slightly more mangled in the Portuguese papers, in which the Grandad was alleged to have said Kate must have given Calpol [to help her to sleep]… A copy even ended up in the police files:

http://www.mccannpjfiles.co.uk/P10/10VOLUME_Xa_Page_2585.jpg

https://madeleinemccannthetruth.wordpress.com/2011/07/03/calpol-and-nurofen-on-the-mccann-holiday/



« Last Edit: April 21, 2016, 11:26:37 AM by ShiningInLuz »
Read and abide by the forum rules.
Result = happy posting.
Ignore and break the rules
Result = edits, deletions and unhappiness
http://miscarriageofjustice.co/index.php?board=2.0

Offline ShiningInLuz

Critique (of this judgement, not the whole Portuguese judiciary, and certainly not the country of Portugal) is what is being expressed here.

Portugal is a democracy, worthy of the name, and with a judiciary (at its best) highly commendable (as exemplified by the judgement Amaral appealed). 

But this latest judgement (that upholds the right to accuse and traduce without let, hindrance or sanction) is simply fascist.

I'm (genuinely) sorry if that offends you, SIL, because I have long respected you as a poster, I think you were an excellent choice as appointment of moderator and I believe (in your moderating) you have richly rewarded the faith placed in you.

I also understand a sense of nationalism (or pride in one's nation) to which, I think, we are all prone.

I admit (to my shame) that it took me far longer than it should have to admit the truth of the tragic death of Brazilian Jean Paul de Menezes, a Brazilian national, going about his lawful business as an electrician, (mis)identified by security forces as some terrorist and shot, dead, on a tube train at Stockwell Station.

That's nationalism!

It's not a pleasant trait.

It is one we can all be prone to, that leaves us with blind-spots where failings or short-comings on the part of the State we are a part of and to which feel some allegiance comes to light.

It seems that Amaral's right to abuse his former position as coordinator of an investigation he bungled to accuse and traduce a couple wrongly accused by that investigation is about to be upheld by the Portuguese courts.
 
That is a disgrace.

It is also fascist.
I have no issue with people querying the judgment.

Amaral's ability to publish, taking into account his prior position as head of the investigation, seems very odd to me.  But if he has broken any laws or regulations, I would expect to see someone other than the McCanns bringing him to task on this.
What's up, old man?

ferryman

  • Guest
As far as I can discover the whole Calpol question originated from an interview with Kate's father, which was 'embroidered' by the Sun.  Carana wrote:

The Sun then ran with it and added “to help her sleep” in the quote:

The Sun (7 Sept)
Mr Healy said: “I know Kate and Gerry would not harm Madeleine at all.

“Kate may have used Calpol (to help her sleep),

This, of course, got slightly more mangled in the Portuguese papers, in which the Grandad was alleged to have said Kate must have given Calpol [to help her to sleep]… A copy even ended up in the police files:

http://www.mccannpjfiles.co.uk/P10/10VOLUME_Xa_Page_2585.jpg

https://madeleinemccannthetruth.wordpress.com/2011/07/03/calpol-and-nurofen-on-the-mccann-holiday/

Nothing was embroidered by The Sun.

Almeida read what The Sun wrote and recorded in his interim report that 'the child's grandfather' said Kate and Gerry used 'sedatives' with the children.

Read his report.

It's all in there.

Amaral picked up on that in his book.

And Morais wrote a vicious blog about 'calpol night'.

Incidentally, you have linked to a sound blog, written by Bren.

Read it carefully.
« Last Edit: April 21, 2016, 11:05:53 AM by ferryman »

Offline pathfinder73

This morning, somewhere in one of the threads PF has posted a chunk of Goncalo Amaral's freedom of expression in which Mr Amaral appears to be claiming kudos for it.  Who needs a mere journalist?

Do you think a policeman isn't going to reconstruct Jane Tanner's statement of the route the man took?

You need a lot more than what one journalist thinks to make somebody a formal suspect.
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.