Author Topic: The Supreme Court in Portugal will shortly decide the McCann v Amaral damages case.  (Read 35123 times)

0 Members and 1 Guest are viewing this topic.

ferryman

  • Guest
Interesting that none of Amaral's lawyers invoked this defence on Amaral's behalf the judge that found in favour of him invoked.

Presumably the first-instance judge must have been aware of that defence?

Offline Brietta

According to Shining, every calumny uttered against Madeleine's parents by Goncalo Amaral is widely believed in Portugal.

In the part of the world from which Madeleine disappeared and where she may very well be living ... no-one is looking for her because they believe the book, the documentary all backed up by the celebrity TV appearances ... and that is considered appropriate?
« Last Edit: October 17, 2016, 06:47:44 PM by John »
"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 slartibartfast

According to Shining, every calumny uttered against Madeleine's parents by Goncalo Amaral is widely believed in Portugal.

In the part of the world from which Madeleine disappeared and where she may very well be living ... no-one is looking for her because they believe the book, the documentary all backed up by the celebrity TV appearances ... and that is considered appropriate?

Which was of course discounted by the court.
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

Offline Benice

IIRC the court deemed that it was not proven that the book damaged the search.  Just as the McCanns had no way of quantifying the effects of the book, whatever they were,   - the court had the same problem themselves.

The only way that could be established was to question every person who bought and read the book.   Obviously that was an impossible task.

AIMHO

« Last Edit: October 17, 2016, 06:50:36 PM by John »
The notion that innocence prevails over guilt – when there is no evidence to the contrary – is what separates civilization from barbarism.    Unfortunately, there are remains of barbarism among us.    Until very recently, it headed the PJ in Portimão. I hope he was the last one.
                                               Henrique Monteiro, chief editor, Expresso, Portugal

ferryman

  • Guest
IIRC the court deemed that it was not proven that the book damaged the search.  Just as the McCanns had no way of quantifying the effects of the book, whatever they were,   - the court had the same problem themselves.

The only way that could be established was to question every person who bought and read the book.   Obviously that was an impossible task.

AIMHO

Not quite (if you are referring to the first-instance judgement)?

She said there was no evidence the book damaged the investigation.
« Last Edit: October 17, 2016, 06:50:47 PM by John »

ferryman

  • Guest
According to Shining, every calumny uttered against Madeleine's parents by Goncalo Amaral is widely believed in Portugal.

In the part of the world from which Madeleine disappeared and where she may very well be living ... no-one is looking for her because they believe the book, the documentary all backed up by the celebrity TV appearances ... and that is considered appropriate?

Depressing, isn't it?

Offline G-Unit

Not quite (if you are referring to the first-instance judgement)?

She said there was no evidence the book damaged the investigation.

What she actually said was that those making the allegation had failed to prove it;

11. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, the Polícia Judiciária stopped collecting information and investigating the disappearance of Madeleine McCann?

       Not proved.

http://miscarriageofjustice.co/index.php?topic=5931.0
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 G-Unit

The appeal is 4th on the list today, so a result should be announced this week.

http://www.stj.pt/ficheiros/tabelas/marcadas/31-01-17-1.pdf
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 jassi

Jeez, how the legal profession drag these things out. Still, better than having a quick, but ill-considered verdict.
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 faithlilly

Jeez, how the legal profession drag these things out. Still, better than having a quick, but ill-considered verdict.

Indeed jassi. Hopefully tomorrow justice at last will prevail and GA will be able to get on with his life.
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 xtina

 it's not a hearing, the STJ judges are just examining the McCann's request for review of the Appeal Court decision. They can totally or partly grant a review or reject it or even defer their decision for further analysis. They basically have to decide whether the interpretation of the law has been appropriate. They are not judging the matter itself.


it could also be today


lets hope its regected ......this is as far as maddie will get to justice ....and G A
Always listen to both sides of the story before you judge.

The first storyteller you will always find has modified the story, for there benefit BE WISE.

stephen25000

  • Guest
it's not a hearing, the STJ judges are just examining the McCann's request for review of the Appeal Court decision. They can totally or partly grant a review or reject it or even defer their decision for further analysis. They basically have to decide whether the interpretation of the law has been appropriate. They are not judging the matter itself.


it could also be today


lets hope its regected ......this is as far as maddie will get to justice ....and G A

Thanks Xtina, that has cleared things up.

Offline jassi

it's not a hearing, the STJ judges are just examining the McCann's request for review of the Appeal Court decision. They can totally or partly grant a review or reject it or even defer their decision for further analysis. They basically have to decide whether the interpretation of the law has been appropriate. They are not judging the matter itself.


it could also be today


lets hope its regected ......this is as far as maddie will get to justice ....and G A

Presumably if they reject it, then there is nothing to judge.
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 John

There is a new thread for the Supreme Court decision in McCanns v Gonçalo Amaral.

http://miscarriageofjustice.co/index.php?topic=7920.msg379678#msg379678
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline ShiningInLuz

Note the OP was 6 Sep 2016.  Now on 31 Jan 2017, the Supreme Court has declined to hear the McCann appeal.

I dare say that gap could classed as 'shortly' in Portugal. 
« Last Edit: January 31, 2017, 05:39:43 PM by John »
What's up, old man?