Author Topic: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.  (Read 853192 times)

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Offline Jean-Pierre

The current legal position in Portugal is that Amaral has a right to appeal, and has a limited timeframe in which to do so. 

He will have to stipulate the grounds for the appeal and the legal and or factual matters that he is challenging.  The Court will then decide whether the grounds for that appeal have merit. 

If it decides they do, then the case is sent to the court of second instance (Tribunal da Relação).  If it decides the appeal is without merit then the matter ends there and the judgement of the court is enforced.

The matter may proceed to the Supreme Court, provided that the courts of first and second instance do not provide the same judgement.

The reason for this process is to avoid the higher courts becoming clogged with appeal cases. 

It is also to prevent a respondant being able to spin out an unfavourable judgement indefinitely, thereby denying justice to a rightful claimant.   

 

Offline Mr Gray

The current legal position in Portugal is that Amaral has a right to appeal, and has a limited timeframe in which to do so. 

He will have to stipulate the grounds for the appeal and the legal and or factual matters that he is challenging.  The Court will then decide whether the grounds for that appeal have merit. 

If it decides they do, then the case is sent to the court of second instance (Tribunal da Relação).  If it decides the appeal is without merit then the matter ends there and the judgement of the court is enforced.

The matter may proceed to the Supreme Court, provided that the courts of first and second instance do not provide the same judgement.

The reason for this process is to avoid the higher courts becoming clogged with appeal cases. 

It is also to prevent a respondant being able to spin out an unfavourable judgement indefinitely, thereby denying justice to a rightful claimant.   

 

so at the moment there is no certainty that an second hearing...an appeal will take place...that's why I termed it amaral has leave to appeal.

I don't have a problem with amaral appealing...that's what justice is about. I do have a problem with people being fed lies..there are lies in amaral's book I believe. 

stephen25000

  • Guest
amaral has not been granted an appeal yet...try and keep up

We shall see on that.

an if the verdict is overturned, just more legal bills for the mccanns.

OxfordBloo

  • Guest
We shall see on that.

an if the verdict is overturned, just more legal bills for the mccanns.

And for Amaral as legal costs are generally borne by each side.

We should know in a few weeks if he has decided to appeal.

Offline Angelo222

The Prosecutors very clearly stated that the McCanns are not guilty of anything culpable in respect of Madeleine's disappearance.

Amaral, in the last chapter of his book, accuses the McCanns of responsibility for Madeleine's death, covering up the 'fact' of her death and simulating 'abduction'

That is why the admirable judge Maria Emilia de Melo e Castro passed down the judgment she did.

Untrue.   What the prosecutors in fact stated was that there was no evidence of guilt.  A very big difference.

They also stated that due to the actions of their tapas pals the McCann lost the opportunity to establish their innocence.

Everything is still very much on the table imo, Amaral's thesis is still as valid as any other and until such time as that changes there will always be suspicions and doubts.
« Last Edit: May 10, 2015, 10:24:54 AM by Angelo222 »
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

OxfordBloo

  • Guest
Untrue.   What the prosecutors in fact stated was that there was no evidence of guilt.  A very big difference.

They also stated that due to the actions of their tapas pals the McCann lost the opportunity to establish their innocence.


Can you explain exactly how the three categories of "Not Guilty" "Guilty" and "Innocent" are defined.

Are they defined differently from different standpoints- legal, moral, social.

What exactly do the words mean?

Offline Angelo222


Can you explain exactly how the three categories of "Not Guilty" "Guilty" and "Innocent" are defined.

Are they defined differently from different standpoints- legal, moral, social.

What exactly do the words mean?

Sorry, I ain't playing your game.  In Law they are innocent until proven guilty, in reality all bets are off!!
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline faithlilly

And for Amaral as legal costs are generally borne by each side.

We should know in a few weeks if he has decided to appeal.

Amaral has his fund.

Now the judge has decided that Amaral's book has done no harm to the search and did not damage the children what justification will the McCanns now have for using the fund for further Portuguese litigation ?
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 faithlilly

Thank you to the maddiecasefiles for the translation of this article.


Gonçalo Amaral
English supporter creates solidarity fund

Brits support the ex-inspector

In 3 days, though the social network, €7,000 have already been raised for his defense

Sentenced by the civil court to pay € 500,000 to Madeleine McCann's parents, for damages caused by the publication of the book Maddie: A Verdade da Mentira, the ex-inspector Gonçalo Amaral is going to appeal the decision to a higher court. However, due to the enormous court costs in Portugal, and the fact that Gonçalo Amaral does not have the financial structure to prolong the legal battles, sites have been created on the social network, supporting him morally and that, in three days, have been able to raise more than € 7,000.

The idea came from a young woman, 22 years old, from Birmingham, UK, when she found out that Amaral had to pay the McCann couple a half a million Euros. As well as receiving donations, the page is also open to comments of support to the ex-inspector. It is certain that the English do not want Gonçalo Amaral to give up defending himself in the courts. "Don't give up the search for justice and truth. You are an honourable man who was seriously hurt. I don't know what is happening in this case, but someone is lying," writes a supporter Jill Parkin, after having made a donation. Other than this, despite the fact that there are many English who support Amaral, others put him down, as was the case with the newspaper The Sun, who, with regard to this help, suggests that Gonçalo is being financed "by British trolls". Those who did not like this were the followers of the site who declared:" The Sun is a shame, they only give the version of Maddie's parents." Even adding: "Keep on fighting GA, Madeleine deserves that justice be done".

Caption of photo: Keep on fighting The British supporters of Gonçalo Amaral do not want the ex-inspector to give up. "Madeleine deserves that justice be done"
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 Angelo222

Thank you to the maddiecasefiles for the translation of this article.


Gonçalo Amaral
English supporter creates solidarity fund

Brits support the ex-inspector

In 3 days, though the social network, €7,000 have already been raised for his defense

Sentenced by the civil court to pay € 500,000 to Madeleine McCann's parents, for damages caused by the publication of the book Maddie: A Verdade da Mentira, the ex-inspector Gonçalo Amaral is going to appeal the decision to a higher court. However, due to the enormous court costs in Portugal, and the fact that Gonçalo Amaral does not have the financial structure to prolong the legal battles, sites have been created on the social network, supporting him morally and that, in three days, have been able to raise more than € 7,000.

The idea came from a young woman, 22 years old, from Birmingham, UK, when she found out that Amaral had to pay the McCann couple a half a million Euros. As well as receiving donations, the page is also open to comments of support to the ex-inspector. It is certain that the English do not want Gonçalo Amaral to give up defending himself in the courts. "Don't give up the search for justice and truth. You are an honourable man who was seriously hurt. I don't know what is happening in this case, but someone is lying," writes a supporter Jill Parkin, after having made a donation. Other than this, despite the fact that there are many English who support Amaral, others put him down, as was the case with the newspaper The Sun, who, with regard to this help, suggests that Gonçalo is being financed "by British trolls". Those who did not like this were the followers of the site who declared:" The Sun is a shame, they only give the version of Maddie's parents." Even adding: "Keep on fighting GA, Madeleine deserves that justice be done".

Caption of photo: Keep on fighting The British supporters of Gonçalo Amaral do not want the ex-inspector to give up. "Madeleine deserves that justice be done"

The McCanns must be furious that well meaning folks are very prepared to fork out their hard earned cash to support a man who considers them guilty.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline faithlilly

The McCanns must be furious that well meaning folks are very prepared to fork out their hard earned cash to support a man who considers them guilty.

Indeed Angelo.
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?

Alfred R Jones

  • Guest
The McCanns must be furious that well meaning folks are very prepared to fork out their hard earned cash to support a man who considers them guilty.
The McCanns must be furious that well meaning folks are very prepared to fork out their hard earned cash to support a man who considers them guilty, despite the complete absence of any evidence of their guilt.  Well yes, I'd be furious too, bemused, saddened, disgusted, resigned to the fact that there's really nowt so queer as folk.

Offline John

Can we stay on topic please.  Posts referring to the Madeleine Fund and other issues removed.  TY
« Last Edit: May 10, 2015, 11:19:51 AM by John »
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 G-Unit

The McCanns must be furious that well meaning folks are very prepared to fork out their hard earned cash to support a man who considers them guilty, despite the complete absence of any evidence of their guilt.  Well yes, I'd be furious too, bemused, saddened, disgusted, resigned to the fact that there's really nowt so queer as folk.

Evidence and proof are two different things you know.
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Offline Angelo222

Back on topic.   Amaral is right to appeal the decision, the sum awarded was ridiculous.  I have no doubt the appeal court will agree.
« Last Edit: May 10, 2015, 11:43:47 AM by Angelo222 »
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!