Gonçalo Amaral confirms he will appeal the damages decision to higher Court.

[ferryman]

Gonçalo Amaral cannot be denied leave to appeal!!!!!!! I believe that Jean-Pierre is talking about how the Appeals court will appreciate GA's arguments, not what the first instance judge can do. One thing she cannot do is not to send the appeal to a higher court, no matter whether she agrees or not with the appellant's arguments.

If you are right (and I don't think you are!) then it works very differently from the way it works in England.

And your interpretation of the way it works in Portugal seems to defy logic.

What is the point of anyone being asked to adjudicate an appeal if the appeal (absoulutely!) cannot be denied?

[John]

If 'simple negligence' doesn't come under a legal remit, but is just a subjective personal judgement, then it is unlikely to have bearing or relevance upon the outcome of an appeal ....

It could have if it is argued that their simple negligence towards their child was a contributing factor.  I don't believe Judge Castro referred to this issue in her extensive judgement.

[ferryman]

It could have if it is argued that their simple negligence towards their child was a contributing factor.  I don't believe Judge Castro referred to this issue in her extensive judgement.

A shoe-string for those hoping for an appeal to hang on to ...

[Montclair]

If you are right (and I don't think you are!) then it works very differently from the way it works in England.

And your interpretation of the way it works in Portugal seems to defy logic.

What is the point of anyone being asked to adjudicate an appeal if the appeal (absoulutely!) cannot be denied?

It is not my interpretation, it is the law here. So if it is different from the way it works in England, so be it.

Let me say this once more. The first instance judge can deny the appeal and not change her verdict, but she is then obliged to send the appeal to the higher court, the Tribunal da Relação. The appeal cannot stop in her lap, that would be a denial of justice.

[G-Unit]

As I understood it, Amaral can't appeal on the issue of proven or unproven facts. He can appeal on points of law and/or the size of the award. The judge found against him on two points.

1. That he used information gained in his employment as a police officer and he should have kept it secret. 
Well, he did, but only for three days after the release of the files. Will that be long enough to allow an appeal on this point?

2. As a retired police officer he was still bound by the requirement to allow suspects the presumption of innocence.
I think the wording refers to suspects, but I'm not sure. If it does, then the McCanns weren't suspects when the book was published.

[ferryman]

It is not my interpretation, it is the law here. So if it is different from the way it works in England, so be it.

Let me say this once more. The first instance judge can deny the appeal and not change her verdict, but she is then obliged to send the appeal to the higher court, the Tribunal da Relação. The appeal cannot stop in her lap, that would be a denial of justice.

If she is obliged to send the appeal to the second court, what would be the point in her denying the appeal?

In that instance, she would, effectively, be denying, then allowing, the appeal, making a nonsense of her ever being asked to adjudicate an appeal in the first place.

What exactly is the point of the adjudication? 

[ferryman]

It seems as if Amaral is running fairly close to the wire if he has not, so far, submitted his appeal.

Doesn't he have until 8th June?

[Carana]

I don't think that Montclair and Jean-Pierre are really at odds. My understanding is that the first instance judge has to check that the formalities have been complied with (which Montclair has mentioned) and that the appeal is more than a scrawled note of unrelated gibberish. As Jean-Pierre has said, that saves time for the next court up.

If Montclair is correct that he applied for 40 days, then that would presumably mean that he intended to contest legal and factual elements.

[ferryman]

I don't think that Montclair and Jean-Pierre are really at odds. My understanding is that the first instance judge has to check that the formalities have been complied with (which Montclair has mentioned) and that the appeal is more than a scrawled note of unrelated gibberish. As Jean-Pierre has said, that saves time for the next court up.

If Montclair is correct that he applied for 40 days, then that would presumably mean that he intended to contest legal and factual elements.

So there is no point in adjudication?

[ferryman]

Another of JP's posts:



The grounds upon which the McCanns lawyers approached the case, and the Judge's application of the law, would seem to be correct, and according to the judgement leave very little room.

I think he would struggle to challenge the facts proven.

So any appeal will have to be on points of law, and they will have to be pretty fundamental.  At the moment I cant think of one.

(Jean-Pierre)

[Carana]

He is entitled to challenge both and no doubt he'll try.

His recent media interviews may offer an indication of what his points are likely to be.

[ferryman]

He is entitled to challenge both and no doubt he'll try.

His recent media interviews may offer an indication of what his points are likely to be.

As far as I can make it out, he has abandoned theMcCannsdunsomethingdreadfultoMadeleineandcovereditup (a central theme of his book, film and interviews) and reverted to TheMcCannsneglectedtheirdaughterandthat'swhyshe'sdead! (also rejected by the prosecutors).

That ought to bode ill for Amaral's prospects (of being granted an appeal!).

[stephen25000]

As far as I can make it out, he has abandoned theMcCannsdunsomethingdreadfultoMadeleineandcovereditup (a central theme of his book, film and interviews) and reverted to TheMcCannsneglectedtheirdaughterandthat'swhyshe'sdead! (also rejected by the prosecutors).

That ought to bode ill for Amaral's prospects (of being granted an appeal!).

Your getting desperate ferryman.

What will you do if Amaral wins the appeal and the mccanns get zip ?

[ferryman]

Your getting desperate ferryman.

What will you do if Amaral wins the appeal and the mccanns get zip ?

We're debating whether Amaral will be granted an appeal.

Since he appears to have abandoned a central tenet and theme of his book, that ought to bode ill for his chances.

[stephen25000]

We're debating whether Amaral will be granted an appeal.

Since he appears to have abandoned a central tenet and theme of his book, that ought to bode ill for his chances.

We shall see in due course.