Author Topic: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.  (Read 853549 times)

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ferryman

  • Guest
Pegasus or anyone on this thread, a question. 

Do you believe that a lawyer defending a client must as a prerequisite approve of or share their clients views because otherwise they would turn down the case?

No!

As I've always understood it, lawyers defend their clients to the best of their abilities within the remit of what the law will allow.

Offline Jean-Pierre

Quite clearly no.

Clearly, lawyers will know their client is guilty in some cases.

How they would live with themselves, if  their client was declared not guilty in a trial, and then committed further heinous crimes is another matter entirely.

A lawyer must retain objectivity, because one who becomes emotionally involved in a case will not last long. 

Do you mean suspect his client is guilty, or knows his client is guilty? 

In the former case, his job is to put up the best possible defence. 

In the latter, if the client has told his lawyer he is guilty (and the lawyer has reason to believe client is telling the truth), then he must recommend a plea of guilty and argue mitigating circumstances.

And in answer to your final question, quite easily - his job is to defend.  It is for the prosecution to prove their case, and if they cannot do that (given they hold most of the cards) then the client should go free.   

Offline pegasus

Pegasus or anyone on this thread, a question. 

Do you believe that a lawyer defending a client must as a prerequisite approve of or share their clients views because otherwise they would turn down the case?
I don't know enough law to answer that. I just see a legal case where one side has more than adequate funds for lawyers, and the other had, until recently, inadequate funds.
 
Many years ago a person reportedly donated about £100000 pounds towards legal costs of Mr Amaral's present opponents, and as no criminal case happened, presumably it became available for other legal costs. As any ballooner will know, if you put all the weight in one side of the basket, the basket will tip that way. The gofundme appeal will balance the basket to ensure a fair flight, which is decided on the law.
« Last Edit: June 04, 2015, 11:46:44 AM by pegasus »

Offline Mr Gray

I don't know enough law to answer that. I just see a legal case where one side has more than adequate funds for lawyers, and the other had, until recently, inadequate funds.
 
Many years ago a person reportedly donated about £100000 pounds towards legal costs of Mr Amaral's opponents. As any ballooner will know, if you put all the weight in one side of the basket, the basket will tip that way. The gofundme appeal will balance the basket to ensure a fair flight, which is decided on the law.

It has been decided on the law and it will be interesting to see where it goes now. I have no problem with amaral raising money from supporters but think it's wrong to promote the fund as justice for Madeleine

Offline jassi

Whoever was instrumental in setting up the McCann Fighting Fund certainly knew what he was about - it has proved very useful over the years.
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 pegasus

It has been decided on the law and it will be interesting to see where it goes now. I have no problem with amaral raising money from supporters but think it's wrong to promote the fund as justice for Madeleine
IMO the original investigation got some important aspects of the case very wrong, and the book and film repeat the same. But that is for the currently active PJ and SY investigations to work on. In this relatively very minor legal case, it makes sense for all parties to have a lawyer.

Offline Jean-Pierre

I don't know enough law to answer that. I just see a legal case where one side has more than adequate funds for lawyers, and the other had, until recently, inadequate funds.
 
Many years ago a person reportedly donated about £100000 pounds towards legal costs of Mr Amaral's present opponents, and as no criminal case happened, presumably it became available for other legal costs. As any ballooner will know, if you put all the weight in one side of the basket, the basket will tip that way. The gofundme appeal will balance the basket to ensure a fair flight, which is decided on the law.

Yes.

So please do not make the mistake of thinking that all of the donations to the "funds" are from people who support Amarals views.

Offline Angelo222

Yes.

So please do not make the mistake of thinking that all of the donations to the "funds" are from people who support Amarals views.

Neither do they support the view that the McCanns are completely innocent of any involvement in their daughters reported disappearance.  You could say the jury is still out on that one!

And speaking of juries, wouldn't it have been interesting to see what a Portuguese jury would have decided in the recent trial instead of a judge with ambitions ??
« Last Edit: June 04, 2015, 12:53:06 PM by Angelo222 »
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline Jean-Pierre

Neither do they support the view that the McCanns are completely innocent of any involvement in their daughters reported disappearance.  You could say the jury is still out on that one!

And speaking of juries, wouldn't it have been interesting to see what a Portuguese jury would have decided in the recent trial instead of a judge with ambitions ??

Sorry Angelo, you will have to explain that one.  I was referring to donations to the "amaral support" funds.  Some posters seemed to be conflating donations received with support for Amarals views. 

Could you explain "judge  with ambitions" please?  Are you suggesting something improper as regards Maria de Melo e Castro?

And what is the point of saying "what a Portuguese jury would have decided in the recent trial instead of a judge with ambitions" - no such thing exists under the Portuguese civil code and so is irrelevant. 

Offline pegasus

Yes.

So please do not make the mistake of thinking that all of the donations to the "funds" are from people who support Amarals views.
I strongly disagree with some of the accusations in the original investigation / book / video.
Just 1 example the interpretation of the clothing alerts is IMO wrong wrong wrong.
But I support Mr Amaral, and IMO the young lady is doing a great job to balance the lopsided balloon basket which was hanging at a crazy 45 degrees due to the large amounts of legal expenses cash from rich donors all piled up on one side of the basket.

stephen25000

  • Guest
A lawyer must retain objectivity, because one who becomes emotionally involved in a case will not last long. 

Do you mean suspect his client is guilty, or knows his client is guilty? 

In the former case, his job is to put up the best possible defence. 

In the latter, if the client has told his lawyer he is guilty (and the lawyer has reason to believe client is telling the truth), then he must recommend a plea of guilty and argue mitigating circumstances.

And in answer to your final question, quite easily - his job is to defend.  It is for the prosecution to prove their case, and if they cannot do that (given they hold most of the cards) then the client should go free.

I do understand your points, but from a moral framework, I would not have chosen that career path, knowing that if I had, then it would be my job to 'help' potentially guilty people go free, and hence be in a position to commit further crimes.

What other people do in that regard is up to their personal conscience.

Offline Angelo222

I strongly disagree with some of the accusations in the original investigation / book / video.
Just 1 example the interpretation of the clothing alerts is IMO wrong wrong wrong.
But I support Mr Amaral, and IMO the young lady is doing a great job to balance the lopsided balloon basket which was hanging at a crazy 45 degrees due to the large amounts of legal expenses cash from rich donors all piled up on one side of the basket.

I totally agree.  The McCanns have always been the fortunate position to be able to throw money at anyone who speaks out against them and that will in the end be their undoing.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline Angelo222

Sorry Angelo, you will have to explain that one.  I was referring to donations to the "amaral support" funds.  Some posters seemed to be conflating donations received with support for Amarals views. 

Could you explain "judge  with ambitions" please?  Are you suggesting something improper as regards Maria de Melo e Castro?

And what is the point of saying "what a Portuguese jury would have decided in the recent trial instead of a judge with ambitions" - no such thing exists under the Portuguese civil code and so is irrelevant.

A hypothetical situation agreed.  Amaral has attracted so much support because he is seen as the underdog fighting for survival.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline Jean-Pierre

I strongly disagree with some of the accusations in the original investigation / book / video.
Just 1 example the interpretation of the clothing alerts is IMO wrong wrong wrong.
But I support Mr Amaral, and IMO the young lady is doing a great job to balance the lopsided balloon basket which was hanging at a crazy 45 degrees due to the large amounts of legal expenses cash from rich donors all piled up on one side of the basket.

It may surprise you to hear that I agree with you on that. 

ferryman

  • Guest
I totally agree.  The McCanns have always been the fortunate position to be able to throw money at anyone who speaks out against them and that will in the end be their undoing.

Why is that?

Most to speak out against them have been misguided and wrong.