The McCann v Gonçalo Amaral libel trial as it happens.

[slartibartfast]

Still confused.

We have a book that has been tested in a court of law and found to be Ok and the McCanns are now suing based on the contents?

[Eleanor]

Still confused.

We have a book that has been tested in a court of law and found to be Ok and the McCanns are now suing based on the contents?

This is a distortion of the facts.

[Mr Gray]

Still confused.

We have a book that has been tested in a court of law and found to be Ok and the McCanns are now suing based on the contents?

not correct

[Redblossom]

Still confused.

We have a book that has been tested in a court of law and found to be Ok and the McCanns are now suing based on the contents?

And the effects on them, and "the search"....see here some of the accusations


http://www.gerrymccannsblogs.co.uk/press/27JULY9/MIRROR_12_07_09.htm

[Mr Gray]

And the effects on them, and "the search"....see here some of the accusations


http://www.gerrymccannsblogs.co.uk/press/27JULY9/MIRROR_12_07_09.htm

Well it must all be true cuz its in a newspaer

[Redblossom]

Could some kind person clarify something for me? Did the Mccanns ask to testify as everyone else did, or just submit a written statement and avoid cross examination?

I've read different things in which both have been claimed. Does anyone actually know?

Sorry if it's a stupid question, I haven't kept up over the festive period....

Its a little confusing...as I understand it they couldnt be witnesses as such, to be cross examined by defence counsel.....but due to a recent change in the  law sometime summer 2013, **** any party could apply to make a statement/declaration, if they were involved or had direct knowledge, see note on law in link below ****

Now GM turned up in Lisbon  27 sept the morning after the night before  (bit presumptious and his lawyer should have known better it was a 100 per cent wasted journey) when his lawyer applied for him to be heard instead of two witnesses she had who couldnt be there or something

He then went back again on October 2nd, again nothing happened


http://joana-morais.blogspot.com/2013/09/why-was-gerry-mccann-in-portugal.html

http://joana-morais.blogspot.com/2013/10/gerry-mccann-unable-to-testify-for.html
**** note on the law at end of this blog entry****

Video 27 sept..full interview removed from youtube see first JM link above for full transcript

http://www.telegraph.co.uk/news/newstopics/madeleinemccann/10339468/Gerry-McCann-vows-to-do-what-it-takes-after-Madeleine-hearing-is-postponed.html


See video of Oct 2 at court, Isabel  Duarte at the end says  GM was refused to be heard?.I "think" ats who she is talking about.....

http://www.youtube.com/watch?v=JDqbezm_420&feature=youtube_gdata_player

So seems to me that his application to make a statement has been refused, only just now, after all these months for some reason

If ay of the above is wring, hopefully someone (knowledgable preferably) will correct

[slartibartfast]

And the effects on them, and "the search"....see here some of the accusations


http://www.gerrymccannsblogs.co.uk/press/27JULY9/MIRROR_12_07_09.htm

Ta.

[Benice]

But none of this was brought up by the McCanns' lawyer during the trial

In fact,  as far as I can see,  the McCanns' lawyer offered no evidence at all that  Amaral  had  'lied' 

The entire prosecution rested on the claim that Amaral's book had damaged the McCanns and damaged  'the search'  for Madeleine

IMO Icab - because there is no jury and the case will be decided by one person - i.e.  the judge - then most of the evidence will have been presented in written form long before the trial started -  to be studied by her.   However as Portuguese law is a source of increasing bewilderment to me - I could be completely wrong.

[Redblossom]

I wonder what the courts do when witnesses give evidence which is contradicted by the people those witnesses talked about...I mean, do they take into account  tv interviews? or any other media?

Im thnking of Alan Pike who said KM was contemplating suicide after Amarals book was published..but in a tv interview she flatly denied this.....

I imagine probably not....

[Benice]

Still confused.

We have a book that has been tested in a court of law and found to be Ok and the McCanns are now suing based on the contents?

My understanding is that the book ban was able to be overturned because libel could not be established, because no libel case had taken place to prove it.         Therefore until libel is established Amarals right to freedom of expression has to be upheld.     Hence the present case.

 

[slartibartfast]

My understanding is that the book ban was able to be overturned because libel could not be established, because no libel case had taken place to prove it.         Therefore until libel is established Amarals right to freedom of expression has to be upheld.     Hence the present case.

Surely it should be done the other way round as only one trial would be needed?

[Angelo222]

The McCanns only reason for bringing a libel case against Mr Amaral and the others was to shut them up.  Libel cases in Portugal are seen as an easy option and don't cost that much.  You only require to make a case that your honour has been offended.  Even if they lose they wont have to automatically pay the legal fees of the opposition as they do in the UK. This whole charade was nothing more than a delaying tactic whilst Scotland Yard were brought onside.  The outcome in this case is all but decided, little wonder the judge is uninterested in the mutterings from Amaral or the McCanns.

If Amaral does manage to defend the case against him he will then be free to retaliate and to launch a libel case against the McCanns on the basis that his honour has been impunged by their actions.  He has intimated as much in the past.

[Redblossom]

My understanding is that the book ban was able to be overturned because libel could not be established, because no libel case had taken place to prove it.         Therefore until libel is established Amarals right to freedom of expression has to be upheld.     Hence the present case.

The libel trial began in Jan/Feb 2010......so yes it had actually started....their writ of spring 2009 was a libel writ.the judge decided to temporarily ban the book...rest is history

[Benice]

The McCanns only reason for bringing a libel case against Mr Amaral and the others was to shut them up.  Libel cases in Portugal are seen as an easy option and don't cost that much.  Even if they lose they wont have to pay the legal fees of the opposition as they do in the UK. This whole charade was nothing more than a delaying tactic whilst Scotland Yard were brought onside.  The outcome in this case is all but decided, little wonder the judge is uninterested in the mutterings from Amaral or the McCanns.

I wonder if you'd feel the same if it was YOU being lied about in a book and being accused of heinous crimes which you knew you had not committed.

Would you just sit back and do nothing? 

If it wasn't for Amaral the trial would probably have been over and done with ages ago.   He is the one who used delaying tactics not the McCanns.   




 

[Redblossom]

The McCanns only reason for bringing a libel case against Mr Amaral and the others was to shut them up.  Libel cases in Portugal are seen as an easy option and don't cost that much.  You only require to make a case that your honour has been offended.  Even if they lose they wont have to pay the legal fees of the opposition as they do in the UK. This whole charade was nothing more than a delaying tactic whilst Scotland Yard were brought onside.  The outcome in this case is all but decided, little wonder the judge is uninterested in the mutterings from Amaral or the McCanns.

 

tell it like it is!