Author Topic: The Supreme Court in Portugal will shortly decide the McCann v Amaral damages case.  (Read 35149 times)

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Offline Angelo222

If the Supreme Court kicks out their final appeal it will be very embarrassing and very expensive.

185
« Last Edit: October 17, 2016, 06:57:19 PM by John »
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline Brietta

If the Supreme Court kicks out their final appeal it will be very embarrassing and very expensive.

I don't think it will be embarrassing for any but the Portuguese State. 
'The old order changeth' ... but the new hasn't quite had time to bed itself in.

The world has watched as Madeleine's case has been reopened by the Policia Judiciaria in Portugal and Scotland Yard in the UK.

Both law enforcement agencies have affirmed that neither Madeleine's parents or their friends are the subject of their investigations the focus of their enquiries being directed elsewhere.

In my opinion that brings an eight year old narrative accusing them of involvement in Madeleine's death and hiding her body into disrepute.

Anyway ~ have I missed the answer to my query asking where the story about the £266,000 originated?
"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"....

stephen25000

  • Guest
I don't think it will be embarrassing for any but the Portuguese State. 
'The old order changeth' ... but the new hasn't quite had time to bed itself in.

The world has watched as Madeleine's case has been reopened by the Policia Judiciaria in Portugal and Scotland Yard in the UK.

Both law enforcement agencies have affirmed that neither Madeleine's parents or their friends are the subject of their investigations the focus of their enquiries being directed elsewhere.

In my opinion that brings an eight year old narrative accusing them of involvement in Madeleine's death and hiding her body into disrepute.

Anyway ~ have I missed the answer to my query asking where the story about the £266,000 originated?

The world has also watched how the PJ, now and then, and SY have got nowhere in the investigation.


Offline Alice Purjorick

I don't think it will be embarrassing for any but the Portuguese State. 
'The old order changeth' ... but the new hasn't quite had time to bed itself in.


The world has watched as Madeleine's case has been reopened by the Policia Judiciaria in Portugal and Scotland Yard in the UK.

Both law enforcement agencies have affirmed that neither Madeleine's parents or their friends are the subject of their investigations the focus of their enquiries being directed elsewhere.

In my opinion that brings an eight year old narrative accusing them of involvement in Madeleine's death and hiding her body into disrepute.

Anyway ~ have I missed the answer to my query asking where the story about the £266,000 originated?

1 Why? [in the style of Sir Jack Brabham would be handy]. Sir Jack was never one to use 20 words where he could get the message over in a couple of syllables.
2 The notion it takes 40 years to implement a new system is rather quaint.
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline Brietta

The world has also watched how the PJ, now and then, and SY have got nowhere in the investigation.

They necessarily cleared a forest of dead wood and collated what was left.

No-one but they and their superiors knows where they are in the investigation.  We do know that Scotland Yard do consider that there is a chance that Madeleine is still alive ... I find that a positive attitude which I sincerely hope is proved by her being found.
"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"....

Alfie

  • Guest
If the Supreme Court kicks out their final appeal it will be very embarrassing and very expensive.
And vice versa.

Offline Robittybob1

If the Supreme Court kicks out their final appeal it will be very embarrassing and very expensive.
So have they put an appeal to the Supreme Court?
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Offline G-Unit

And vice versa.

I wonder if the Supreme Court could take a third way;

Agree with the lower court judgement but reduce the compensation to a nominal amount of, say, E100 each?

The McCann's honour would be satisfied, although they would gain no money; but it's not about the money, so that's OK.

Amaral's honour would be satisfied because the judgement of the lower court rested on his employment obligations, nothing else. The nominal damages would demonstrate the tiny amount of damage caused. He would get his money back, so according to those who see him as a money-grabber he would be happy.
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Alfie

  • Guest
I wonder if the Supreme Court could take a third way;

Agree with the lower court judgement but reduce the compensation to a nominal amount of, say, E100 each?

The McCann's honour would be satisfied, although they would gain no money; but it's not about the money, so that's OK.

Amaral's honour would be satisfied because the judgement of the lower court rested on his employment obligations, nothing else. The nominal damages would demonstrate the tiny amount of damage caused. He would get his money back, so according to those who see him as a money-grabber he would be happy.
LOL at "tiny amount of damage" - where does that appear in the judgement?

Offline faithlilly

LOL at "tiny amount of damage" - where does that appear in the judgement?

Wouldn't G Unit's suggestion be the best outcome. The McCann's reputation would be restored as they technically would have won ?
Brietta posted on 10/04/2022 “But whether or not that is the reason behind the delay I am certain that Brueckner's trial is going to take place.”

Let’s count the months, shall we?

Alfie

  • Guest
Wouldn't G Unit's suggestion be the best outcome. The McCann's reputation would be restored as they technically would have won ?
It's pure conjecture and far more likely that their appeal will be rejected IMO - I await the delighted crowing with baited breath.  But still interested in this "tiny damage" that appears in the ruling...?

Offline faithlilly

It's pure conjecture and far more likely that their appeal will be rejected IMO - I await the delighted crowing with baited breath.  But still interested in this "tiny damage" that appears in the ruling...?

could you expand Alfie?
Brietta posted on 10/04/2022 “But whether or not that is the reason behind the delay I am certain that Brueckner's trial is going to take place.”

Let’s count the months, shall we?

Offline G-Unit

LOL at "tiny amount of damage" - where does that appear in the judgement?

Have you read the facts?

Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate McCann and Gerald McCann suffer permanent anguish, insomnia, lack of appetite, anxiety and irritability, preoccupation and indefinable fear?

Proved.

But!  The judge adds that this psychological state is predates the book launch, the documentary and the interview and was not caused by them.

Proved that the couple felt badly about being considered responsible over the hiding of their daughter's body and simulating her abduction by those who believe in Mr Amaral's thesis.

But! The Judge states that it is not possible to determine what most people who have read or seen Mr Amaral's thesis actually think.
http://miscarriageofjustice.co/index.php?topic=5931.0

So even the proved points are 'watered down' by the judge's additional comments. At no point is she able to say Amaral was solely responsible for any of the McCann's hurt feelings or for lowering their reputations. Perhaps because the investigation, for which he was not solely responsible, had already done that?

As I have said before, the award to the McCanns seemed to be more about punishing him than compensating them.
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Result = happy posting.
Ignore and break the rules
Result = edits, deletions and unhappiness
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Alfie

  • Guest
Have you read the facts?

Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate McCann and Gerald McCann suffer permanent anguish, insomnia, lack of appetite, anxiety and irritability, preoccupation and indefinable fear?

Proved.

But!  The judge adds that this psychological state is predates the book launch, the documentary and the interview and was not caused by them.

Proved that the couple felt badly about being considered responsible over the hiding of their daughter's body and simulating her abduction by those who believe in Mr Amaral's thesis.

But! The Judge states that it is not possible to determine what most people who have read or seen Mr Amaral's thesis actually think.
http://miscarriageofjustice.co/index.php?topic=5931.0

So even the proved points are 'watered down' by the judge's additional comments. At no point is she able to say Amaral was solely responsible for any of the McCann's hurt feelings or for lowering their reputations. Perhaps because the investigation, for which he was not solely responsible, had already done that?

As I have said before, the award to the McCanns seemed to be more about punishing him than compensating them.
Yes I have read the facts, but nowhere do I recall the judge stating that the amount of damage caused to the  McCanns by the book was "tiny".  Not even your detailed response with quotes and cites above quantifies the damage as "tiny".  Certainly the damages awarded by the first judge were not "tiny".

Offline Robittybob1

Wouldn't G Unit's suggestion be the best outcome. The McCann's reputation would be restored as they technically would have won ?
Both sides are losers here, the McCanns and the Amarals.  Somehow I think it might be time to really find the root cause of the issue.
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