Author Topic: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.  (Read 853474 times)

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Offline John


If that happens, yes.

The difference is that I am a believer in justice - and the process does get most things right (although sometimes it takes time).

I don't cry foul, and make whining excuses about the judge being politically motivated.

Angelo is right when he points out that political motivation is prevalent in Portugal.  This is especially true in high profile cases such as this one where precedent is being set.  Anyone who believes that Judge Maria de Melo e Castro didn't take advice from outside her chambers is solely deluding themselves.

Personally I think she wanted to steer a centre course thus why she refused the children's claims and ruled that the Amaral book did not damage the search.  Where she went wrong in my opinion is in the amount of the judgement but then that has opened the doors to the appeal court as if by accident rather than by design?

« Last Edit: June 04, 2015, 02:41:09 PM 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 Jean-Pierre

Angelo is right when he points out that political motivation is prevalent in Portugal.  This is especially true in high profile cases such as this one where precedent is being set.  Anyone who believes that Judge Maria de Melo e Castro didn't take advice from outside her chambers is solely deluding them self.

Presedent john?  Could you explain how that works in Portugal? 

Offline John

Presedent john?  Could you explain how that works in Portugal?

If you mean precedent then I was refereeing to the unique level of the claim unheard of in any previous such trial.  In fact, the nature of the case has set a precedent all on its own as far as Portugal is concerned.
« Last Edit: June 04, 2015, 02:45:18 PM 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 Alice Purjorick

I'm not having Judge Tugendhat slagged off.  Sorry about that, but it won't be allowed to happen.

http://en.wikipedia.org/wiki/Michael_Tugendhat
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline Brietta

If you mean precedent then I was refereeing to the unique level of the claim unheard of in any previous such trial.  In fact, the nature of the case has set a precedent all on its own as far as Portugal is concerned.

Almost every aspect of Madeleine McCann's case is unprecedented.  Perhaps this will be reflected in the unprecedented level of the award against Mr Amaral being allowed to stand, either by refusal of an appeal (and I think it is the only avenue of appeal open) or at appeal.
I think the danger of an appeal is that it is possible the award could be increased rather than decreased.
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

ferryman

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Almost every aspect of Madeleine McCann's case is unprecedented.  Perhaps this will be reflected in the unprecedented level of the award against Mr Amaral being allowed to stand, either by refusal of an appeal (and I think it is the only avenue of appeal open) or at appeal.
I think the danger of an appeal is that it is possible the award could be increased rather than decreased.

Particularly against the backdrop of a present Anglo/Portuguese enquiry that does not remotely consider the McCanns or their friends as suspects, it is a mystery that a book by the first coordinator of the investigation stating that TheMcCannsdunit, covered up the fact of Madeleine's death and fabricated an 'appeal' in their (dead!) daughter's name was not deemed to have harmed the search for Madeleine.

Why is not self-evidently obvious that if people across countries of Europe (including in England, where the English-language version is available on line) read and believe Amaral's book, the search for Madeleine will be harmed?

Perhaps an appeal-court judge will take a different and slightly saner view?

Offline John

Almost every aspect of Madeleine McCann's case is unprecedented.  Perhaps this will be reflected in the unprecedented level of the award against Mr Amaral being allowed to stand, either by refusal of an appeal (and I think it is the only avenue of appeal open) or at appeal.
I think the danger of an appeal is that it is possible the award could be increased rather than decreased.

I don't think that could ever happen in this case Brietta.  Furthermore, if remains are eventually discovered as I expect they will, this could also change the entire centre of gravity of any appeal.
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 Montclair

As to any suggestion of outside influence, my first thought when I read the judgement was that it read as if Isabel Duarte had dictated it to her. JMO.

Offline Mr Gray

If you mean precedent then I was refereeing to the unique level of the claim unheard of in any previous such trial.  In fact, the nature of the case has set a precedent all on its own as far as Portugal is concerned.

as I have already posted...if amaral questions the level of the claim then he is accepting that some level of claim is due and therefore admitting liability

Offline John

as I have already posted...if amaral questions the level of the claim then he is accepting that some level of claim is due and therefore admitting liability

We will have to wait and see but the question of the level of the claim is but one part of a bigger picture.
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 Mr Gray

I don't think that could ever happen in this case Brietta.  Furthermore, if remains are eventually discovered as I expect they will, this could also change the entire centre of gravity of any appeal.

is there any real chance of that happenning

Offline misty

Does anyone actually know who the signatories are for the Amaral Defence Fund?

Offline Brietta

As to any suggestion of outside influence, my first thought when I read the judgement was that it read as if Isabel Duarte had dictated it to her. JMO.


If the judge had found against the plaintiff and for the defendant ... it would have exemplified the fairness of the Portuguese Judicial System and the impartiality of the Courts.

That the judge has found for the plaintiff and against the defendant ... the implication is being seeded that the Portuguese Judicial System may be less than impartial.

If Mr Amaral's appeal is not allowed or if it is unsuccessful, I await the reaction with bated breath.
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline Brietta

Does anyone actually know who the signatories are for the Amaral Defence Fund?

As everything is open and transparent someone will post a reply to that any moment now, Misty.  Probably with a statement of ingoing and outgoing sums.
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline misty

As everything is open and transparent someone will post a reply to that any moment now, Misty.  Probably with a statement of ingoing and outgoing sums.

I am actually really concerned about Leanne's legal position in all this, bearing in mind she is the GoFundMe fundraiser.