Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.

[G-Unit]

Nothing has been pointed out.

A non-sequitur (or red-herring) has been raised.

Because Amaral breached judicial secrecy, he does not have the freedom (to issue forth lies and traducement) he would otherwise have.

He may (or may not) be prosecuted in separate criminal proceedings.

That is irrelevant (to this discussion).

Because he breached judicial secrecy, he is accountable for the lies he issued forth in his book and in interviews.

Please provide a cite to support your assertion or stop posting it as a fact.

[Carana]

Nothing has been pointed out.

A non-sequitur (or red-herring) has been raised.

Because Amaral breached judicial secrecy, he does not have the freedom (to issue forth lies and traducement) he would otherwise have.

He may (or may not) be prosecuted in separate criminal proceedings.

That is irrelevant (to this discussion).

Because he breached judicial secrecy, he is accountable for the lies he issued forth in his book and in interviews.

Breaching judicial secrecy wasn't the main issue: it was the timing of it all.

[jassi]

It's six years since Duarte said she was going to file a complaint but I don't know if she did, they may have decided it would be more lucrative to sue, like they did with the UK newspapers.

Not one of their better ideas when you consider how long this has dragged and with no apparent end in sight.

[misty]

What I don't understand is if the full files were already in the public domain when the book was published, why don't the contents of the book reflect the conclusion of the AG upon shelving?

[stephen25000]

The question of whether the Portuguese authorities choose to pursue (separate) criminal proceedings in respect of Amaral's breach of judicial secrecy is incidental to the key question of how Amaral's (undisputed) breach of judicial secrecy (in writing his book) affects the civil libel action brought by the McCanns.

If Amaral had, indeed, managed to write his book without breaching judicial secrecy (he did not!) chances are Amaral would have been outright winner at first instance and would be free to pile the commercial market with his book of lies.

Amaral breached judicial secrecy.

That is what makes a nonsense of this (latest) ruling, and why the McCanns are likely to win on (further) appeal to the Supreme Court.

No chance.

If they half a brain they would stop now.

However, their arrogance knows no bounds.

[ferryman]

Breaching judicial secrecy wasn't the main issue: it was the timing of it all.

Differ slightly.

Breaching judicial secrecy was the main issue, but not from a perspective of (possible) criminal proceedings that issue from that breach: rather from the perspective that had he not breached judicial secrecy, he would, indeed, have carte-blanche to say whatever he wanted without let, hindrance or fear of any reprisal (criminal or civil) ....

[ferryman]

Please provide a cite to support your assertion or stop posting it as a fact.

From the judgement:

And, under such terms, although the introductory note in the book invokes personal reasons, in a situation of conflict with the rights to a good name and reputation of the subjects of the appeal, the appellant [Gonçalo Amaral] could not benefit, faced with the results of the investigation, of a broad and full freedom of expression – and thus his conduct would be unlawful, under article 484 of the Civil Code.



From what was above said about this matter, it is clearly understood that such argumentation cannot be sustained.



In effect, and independently of the reasons invoked by the appellant for the publication, it is hardly understandable that an employee, even more a retired one, would have to keep said duties of secrecy and reserve, thus being limited in the exercise of his right to an opinion, concerning the interpretation of facts that were already made public by the judiciary authority, and widely debated (in fact, largely by initiative of the intervenients themselves) in the national and international media.

That (from the judgement) is a straightforward denial of Amaral's (actual!) duty to observe the rules of secrecy his (former) position as co-ordinator of the investigation imposed upon him.

[jassi]

You are omitting the 'hardly understandable'. which I think changes to meaning of the following text to the exact opposite of what you are claiming.

[Carana]

What I don't understand is if the full files were already in the public domain when the book was published, why don't the contents of the book reflect the conclusion of the AG upon shelving?

At some point he said that it was based on the contents of the files up until he was taken off the case, and was too busy with his best-seller book promo tour to read the full files. But then, at times he added certain details in interviews that seemingly took place after he'd left.

[ferryman]

You are omitting the 'hardly understandable'. which I think changes to meaning of the following text to the exact opposite of what you are claiming.

The (author of the judgement) finds the point not sustainable, despite that the principle is enshrined in Portuguese law.

[stephen25000]

The (author of the judgement) finds the point not sustainable, despite that the principle is enshrined in Portuguese law.

The mccanns through their repeated arrogance were hoisted on their own petard.

They deserved what they got, a caning in the court judgement.

[ferryman]

The mccanns through their repeated arrogance were hoisted on their own petard.

They deserved what they got, a caning in the court judgement.

There's one more round to go.

Seems as if the first-instance judge applied Portuguese law more precisely than than the appeal-court judge who overruled it.

[Mr Gray]

The mccanns through their repeated arrogance were hoisted on their own petard.

They deserved what they got, a caning in the court judgement.

has no one told you they intend to appeal...let me be the first

[jassi]

I think we need to wait until it is officially announced, thank you all the same 

[stephen25000]

There's one more round to go.

Seems as if the first-instance judge applied Portuguese law more precisely than than the appeal-court judge who overruled it.

Keep dreaming.

Note, it was judges.

Try to keep up with events and look forward to the mccanns being taken to court.