Author Topic: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.  (Read 853012 times)

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stephen25000

  • Guest
So the long and the short is that we still don't have confirmation that Amaral will (be allowed to!) appeal, making something of a mockery of the title of this thread?

ALL GOOD THINGS COME TO THOSE WHO WAIT. 8(*(

ferryman

  • Guest
ALL GOOD THINGS COME TO THOSE WHO WAIT. 8(*(

I suspect the confusion is between appeal and meta-appeal.

Amaral has an automatic right to a meta-appeal which is an appeal for the right to take the verdict of the court of first instance up to the next rung.

That will be heard and either accepted or rejected.

If it is rejected, the McCanns will be outright winners at first instance.

If it is accepted, then everything goes into limbo for however long until a date is set for Amaral's appeal to be heard.

Is that how it works?

Offline Montclair

I object to the way the McCanns are attacked...amaral MUST realise now that his claims are not supported by evidence as he claimed...he should admit this

BTW, the McCanns' claims of an abduction are supported by what evidence?

If the McCanns are attacked, they have no one to blame but themselves for being negligent with their children and uncooperative with the investigation. Explain to me why would the parents take weeks to organise a balloon in memory of their daughter's disappearance when she could have turned up at anytime?

ferryman

  • Guest
BTW, the McCanns' claims of an abduction are supported by what evidence?

If the McCanns are attacked, they have no one to blame but themselves for being negligent with their children and uncooperative with the investigation. Explain to me why would the parents take weeks to organise a balloon in memory of their daughter's disappearance when she could have turned up at anytime?

The absence of evidence of anything else.

Pure and simple.

Offline Montclair

I suspect the confusion is between appeal and meta-appeal.

Amaral has an automatic right to a meta-appeal which is an appeal for the right to take the verdict of the court of first instance up to the next rung.

That will be heard and either accepted or rejected.

If it is rejected, the McCanns will be outright winners at first instance.

If it is accepted, then everything goes into limbo for however long until a date is set for Amaral's appeal to be heard.

Is that how it works?

No, that is not how it works! Although this has been explained I don't know how many times, you still don't seem to understand. I will try to explain one last time:

Gonçalo Amaral will submit his appeal to the judge of the first instance. She will take into consideration his arguments. If she does agree with his arguments, she can then change her verdict (I don't think that this happens very often though). If she does not accept them, her judgement remains. The story does not stop here, do you understand? The judge then sends the appeal to the higher court, the Tribunal da Relação.

stephen25000

  • Guest
The absence of evidence of anything else.

Pure and simple.

but there is absolutely no evidence of abduction. 8**8:/:

Offline Carana

I suspect the confusion is between appeal and meta-appeal.

Amaral has an automatic right to a meta-appeal which is an appeal for the right to take the verdict of the court of first instance up to the next rung.

That will be heard and either accepted or rejected.

If it is rejected, the McCanns will be outright winners at first instance.

If it is accepted, then everything goes into limbo for however long until a date is set for Amaral's appeal to be heard.

Is that how it works?

Yes, more or less, but there's more to the process than that. From memory:

It's not clear how long the judge has to check through the appeal submission, but if clarification is required the appellant has 5 days to rectify / expand on the points.

If proof of payment isn't received, there's a reminder process for that.

The respondents have the same time limit as the appellant to submit their response. Although not clear in the wording, this deadline presumably starts once they have received a copy of the appeal. If the appellant has to present a rectification, then the respondents also have 5 days to check through the revised version.

(We're assuming a deadline of 30 days, but it can be 40 days if if involves material recorded or presented during the trial. If there is a transcript of the various testimonies, I don't see the need for locating precise moments in the videos - that would seem more logical in e.g., disputed cctv evidence of a car accident.)


Offline Carana

Thinking about that...
If the judge has to wait for all the paperwork (appellant and respondent) before submitting it to the appeals court, then it will be early-ish July before it is officially submitted, and if it is the appeals court that has to book dates for the hearing, I would find it unlikely to take place until after the summer recess.

Offline Alice Purjorick

Nothing?

On a forum where every word spoken by the McCanns ...every action however slight...draws an inference...your response to my post is...nothing..

So what can we read into that re you....the answer is not...nothing

Read into it what you like squire.
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline Carana

Question:

How does the court fee system work? What does it cover and how is it estimated, particularly in a civil appeal such as this one?

Offline Carana

No, that is not how it works! Although this has been explained I don't know how many times, you still don't seem to understand. I will try to explain one last time:

Gonçalo Amaral will submit his appeal to the judge of the first instance. She will take into consideration his arguments. If she does agree with his arguments, she can then change her verdict (I don't think that this happens very often though). If she does not accept them, her judgement remains. The story does not stop here, do you understand? The judge then sends the appeal to the higher court, the Tribunal da Relação.


From what I've been able to gather, there are - limited - grounds on which she could dismiss one, but otherwise the process moves up (with a non-binding legal opinion), so I have no problem in understanding that.

However, and you may have missed it, Montclair, but I had asked you where you found the idea that the a quo judge can modify her verdict.

Offline Brietta

Thinking about that...
If the judge has to wait for all the paperwork (appellant and respondent) before submitting it to the appeals court, then it will be early-ish July before it is officially submitted, and if it is the appeals court that has to book dates for the hearing, I would find it unlikely to take place until after the summer recess.

Going on past history I think Mr Amaral's present legal team will string out the process for as long as that can be done, then no doubt their successors will follow suit.
I don't think he was ever in any great hurry to have this court case resolved ... and with the recent judgement I am beginning to see why that was ... he has gone through some of the best legal minds in Portugal who perhaps gave him advice not to his liking.    He's in no hurry as long as loyal supporters are picking up his tabs.
"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

  • Guest

From what I've been able to gather, there are - limited - grounds on which she could dismiss one, but otherwise the process moves up (with a non-binding legal opinion), so I have no problem in understanding that.

However, and you may have missed it, Montclair, but I had asked you where you found the idea that the a quo judge can modify her verdict.

I think it's much more than just a rubber-stamping exercise.

Offline Carana

Going on past history I think Mr Amaral's present legal team will string out the process for as long as that can be done, then no doubt their successors will follow suit.
I don't think he was ever in any great hurry to have this court case resolved ... and with the recent judgement I am beginning to see why that was ... he has gone through some of the best legal minds in Portugal who perhaps gave him advice not to his liking.    He's in no hurry as long as loyal supporters are picking up his tabs.

This could go on for a year or so more.

If donations continue at the same rate, £300k by this time next year might be feasible. Some regular donors may find that a £5 donation once or more per week for a year or more isn't sustainable, but they may recruit others...

Anything over and above whatever expenses are deemed to be acceptable in the view of those who adminster the solidarity fund(s) will go to a charity of his choice.

Interestingly, he has stated that he'd like to launch an association for disadvantaged youth...

Offline Mr Gray

Read into it what you like squire.

That's what everyone on the forum does