Author Topic: The McCann v Gonçalo Amaral libel trial as it happens.  (Read 413444 times)

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Offline slartibartfast

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1560 on: January 07, 2014, 11:06:34 PM »
There is a clear and obvious distinction between what is legally presumed and what is (or is not!) established by a police enquiry.

Quote
Currently, a person is generally taken to be dead if, after seven years, (a) there has been no evidence of their continued existence; (b) the people most likely to have heard from them have not had any contact; and (c) inquiries have been made of that person, without success.[2] This is a rebuttable presumption at common law - that is, should the person subsequently appear, they are no longer taken to be dead.

Just thought, as a ward of court, it gets more confusing as I not sure what the court would do?

« Last Edit: January 07, 2014, 11:08:52 PM by Slartibartfast »
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

ferryman

  • Guest
Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1561 on: January 07, 2014, 11:10:02 PM »
Legal cut-off points are broad-brush approaches to resolving tricky dilemmas such as enabling distribution of estates and the like (none of that applicable to Madeleine, who has no estate to distribute).

Offline pinkblossoms

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1562 on: January 07, 2014, 11:11:06 PM »
that is, should the person subsequently appear, they are no longer taken to be dead.


bleeding obvious  @)(++(*

Offline Benice

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1563 on: January 08, 2014, 01:39:18 AM »


Has Ben Needham been officially declared dead?
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

Offline puglove

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1564 on: January 08, 2014, 01:47:04 AM »

Has Ben Needham been officially declared dead?

I don't think so. I hope not. There's every chance that he'll find his way home, one day. Possibly through facebook. Kerry Needham is a legend.
Jeremy Bamber kicked Mike Tesko in the fanny.

Offline Eleanor

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1565 on: January 08, 2014, 04:23:08 AM »

Only Madeleine's parents can apply to have her declared deceased.  And they have no need to, nor are they going to.

Also any request could very well be denied, which it almost certainly would be.  Especially since there would be no purpose to such an application.

Offline Sherlock Holmes

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1566 on: January 08, 2014, 04:28:13 AM »
I don't think so. I hope not. There's every chance that he'll find his way home, one day. Possibly through facebook. Kerry Needham is a legend.

Agree, puglove. She's an incredible person.

Wish we could do something to help her regarding the petition...I'm trying to think of things. Red had a few suggestions. Trying to give the matter more thought as I also believe there is a small but real chance he could still be around, and at the age where he could easily think to look up something about himself or his background.

Anyway off topic, I suppose. Wrote a bit about the petition in the Ben section.

Offline Sherlock Holmes

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1567 on: January 08, 2014, 04:38:51 AM »
Only Madeleine's parents can apply to have her declared deceased.  And they have no need to, nor are they going to.

Also any request could very well be denied, which it almost certainly would be.  Especially since there would be no purpose to such an application.

You're an early bird, Eleanor!

It was an interesting point of Snartibartfast, but I don't see the material relevance either. Unlikely the McCanns would do such a thing.

Isn't it normally something that is done when adults go missing?

I have a good friend whose brother went missing (still unfortunately not found, after 12 years), and the family went through a long fight with banks,  a mortgage lender, insurance companies etc., who withdrew monies from his bank account for a long time after he went missing on the grounds that legally he was still alive. Terrible.

The family couldn't sell his house or arrange his financial affairs because his effects weren't theirs to sign over. It took years of legal help before they got some financial relief, and eventually at seven years finally everything was concluded.

The seven years dead law also comes into the case of the desire to remarry in event of a spouse's disappearance. A common problem in wartime when men were lost without trace.

Don't see any relevance of this law for a child, however.

Offline Eleanor

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1568 on: January 08, 2014, 05:21:50 AM »

I get these occasional  bouts of insomnia.  And of course, you don't get a barrage of abuse coming back at you at this time in the morning if you say something controversial.

Just as a matter of interest, wasn't that Canoe Man declared dead?  And we all know what happened to him.  Although I don't think his wife waited seven years.  So possibly there is more to this law.

Offline colombosstogey

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1569 on: January 08, 2014, 06:08:50 AM »
Agree, puglove. She's an incredible person.

Wish we could do something to help her regarding the petition...I'm trying to think of things. Red had a few suggestions. Trying to give the matter more thought as I also believe there is a small but real chance he could still be around, and at the age where he could easily think to look up something about himself or his background.

Anyway off topic, I suppose. Wrote a bit about the petition in the Ben section.

why not do a poster like the McCanns did at the beginning and send it VIRAL through facebook so it hits as many people as possible. Just re read this, I mean this as a positive thing. I actually think the first lot of posters going out about Maddy was a brilliant idea and I encouraged it in my office. So I am not taking the P here ok. I just think its a good idea and we could do it.

It needs a story line with it so someone will be prompted. Anyway musnt go off topic back to the trial and its not happening because............
« Last Edit: January 08, 2014, 06:18:50 AM by colombosstogey »

Offline colombosstogey

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1570 on: January 08, 2014, 06:14:19 AM »
its obvious..both at some stage claimed that maddie had died

Well they need to sue who ever does the stats then, as statistically speaking sadly if she was taken away by a pedophile, she will have died within about 3 hours of her being taken.

That's fact not fiction sadly.

Children under 5 who are taken are usually found dead sadly unless its a baby. Its a horrible world out there.




Offline Eleanor

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1571 on: January 08, 2014, 08:39:28 AM »

No point in mentioning those who have survived, few though they may be.  But then I'm with the Taken for a Childless Couple Brigade.  I always have been an optimist.  And it has happened.
It seems to me that too much trouble went into this to be for a Paedophile.

Cariad

  • Guest
Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1572 on: January 08, 2014, 11:17:41 AM »
No point in mentioning those who have survived, few though they may be.  But then I'm with the Taken for a Childless Couple Brigade.  I always have been an optimist.  And it has happened.
It seems to me that too much trouble went into this to be for a Paedophile.

Why not take Amelie then?

Offline Eleanor

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1573 on: January 08, 2014, 11:24:11 AM »
Why not take Amelie then?

Splitting up twins would have been immensely psychologically damaging for the child.  Both children actually, but you know what I mean.

Offline sadie

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1574 on: January 08, 2014, 11:28:55 AM »
Splitting up twins would have been immensely psychologically damaging for the child.  Both children actually, but you know what I mean.
And maybe someone wanted Madeleine especially. or
.... did not want a toddler?