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

[pegasus]

Is there any fund whose object is to help pay legal expenditure to oppose Mr Amaral's appeal?

[Jean-Pierre]

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.

He will have very limited scope for that.  The courts are well aware of the tactic of the losing party trying to spin things out as long as possible.

Justice delayed is justice denied, and if he tries something like a last minute does of bird flu, he will find judgement finalised and executed, and the sequestered funds distributed with costs crystallised.

He has the money for advice and to lodge an appeal on time, so he has absolutely no reason not to.     

[pegasus]

...If donations continue at the same rate ...

Most of the Brit Public don't know about this fund yet. What will happen to the donation rate when the major UK TV stations and newspapers all run stories about the 25K target being reached so quickly.
(edited)

[Jean-Pierre]

Most of the Brit Public don't know about this fund yet. What will happen to the donation rate when the major UK TV stations and newspapers all run stories about the 25K target being reached so quickly.
(edited)

Well of course The fund will rocket as the news spreads like wildfire throughout Europe.  "justice for Gonc" will be the rallying cry.  There will street parties in honour of Amaral, where effigies of the evil McCann family will be burned.   Portuguese will become the official language of Europe. 

Or - absolutely nothing at all.

 *&*%£ 

[Carana]

Most of the Brit Public don't know about this fund yet. What will happen to the donation rate when the major UK TV stations and newspapers all run stories about the 25K target being reached so quickly.
(edited)

What would make this newsworthy for anything other than a few tabloid rags?

[Alfred R Jones]

Most of the Brit Public don't know about this fund yet. What will happen to the donation rate when the major UK TV stations and newspapers all run stories about the 25K target being reached so quickly.
(edited)

It wasn't that big a deal.  How much money was sent in for Madeleine in the first month after she went missing?

[sadie]

Most of the Brit Public don't know about this fund yet. What will happen to the donation rate when the major UK TV stations and newspapers all run stories about the 25K target being reached so quickly.
(edited)

Well if people want to subscribe to a fund for a convicted criminal, who has additionally threatened people with a "golden bullet" then that's up to them!

Several other choice facts about him that could be mentioned, but I will save them till later.



Seems to me that Amaral has a great big publicity machine backing him

And the propaganda !!   Just WHO is behind all that?

[ferryman]

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.

I think you need to find it how it works, then offer an explanation (distinct from an "explanation") ...

[John]

Back in July of last year Gonçalo stated that he continues to have every confidence in the Portuguese Justice System so with that said I'm sure we will all look forward to reading the appeal documentation in due course.

[Montclair]

I think you need to find it how it works, then offer an explanation (distinct from an "explanation") ...

As long as the appellant conforms to the formalities, the first instance judge cannot stop it from going to a higher court!!!!!!! What kind of justice is it when the first instance decides the appeal on her judgement and stops the appellant from appealing, especially when there is the amount of € 550.000,00 plus interest at stake. She can't say: I'm going to make you pay a half a million and you cannot appeal. I give up trying to get this into your head.

[ferryman]

As long as the appellant conforms to the formalities, the first instance judge cannot stop it from going to a higher court!!!!!!! What kind of justice is it when the first instance decides the appeal on her judgement and stops the appellant from appealing, especially when there is the amount of € 550.000,00 plus interest at stake. She can't say: I'm going to make you pay a half a million and you cannot appeal. I give up trying to get this into your head.

If there are no grounds of appeal arising from the first judgment, then perfectly executed justice.

I can see why the McCanns might want to appeal the finding that Amaral's book didn't harm the search for Madeleine, but evidently they don't.

Can't think of a single ground of complaint Amaral could raise on points proved.

[John]

As long as the appellant conforms to the formalities, the first instance judge cannot stop it from going to a higher court!!!!!!! What kind of justice is it when the first instance decides the appeal on her judgement and stops the appellant from appealing, especially when there is the amount of € 550.000,00 plus interest at stake. She can't say: I'm going to make you pay a half a million and you cannot appeal. I give up trying to get this into your head.

In the UK a single judge initially decides whether an appeal has merit ( not the trial judge) and if he refuses an appeal it will go to two judges to decide.

If what is being posted is correct in respect of Portugal, allowing the trial judge to decide the merits or otherwise of an appeal seems ludicrous...even bonkers!!   

[ferryman]

In the UK a single judge initially decides whether an appeal has merit ( not the trial judge) and if he refuses an appeal it will go to two judges to decide.

If what is being posted is correct in respect of Portugal, allowing the trial judge to decide the merits or otherwise of an appeal seems ludicrous...even bonkers!!   

It would seem that appeals are allowed much more often than they are denied.

I think the Portuguese system is much more amenable to allowing appeals than the English, which perhaps is a plus for Amaral.

Still, he will have to find grounds for opposing points proven (from first instance).

[Carana]

In the UK a single judge initially decides whether an appeal has merit ( not the trial judge) and if he refuses an appeal it will go to two judges to decide.

If what is being posted is correct in respect of Portugal, allowing the trial judge to decide the merits or otherwise of an appeal seems ludicrous...even bonkers!!   

The legislation states the same court... now whether that means just any court of the same instance, any old judge who also happens to hear trials in the same court or the same judge isn't entirely clear.

I already knew that an appeal had to be routed via the a quo court, but I was basing the idea that it may indeed come back to the SAME judge on Montclair's post, who  - I assume - has done some homework on this issue in order to make such categorical assertions:

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.
http://miscarriageofjustice.co/index.php?topic=6269.msg243672#msg243672

[pegasus]

Seems to me that Amaral has a great big publicity machine backing him

Would you like a complete list of the various PR companies he uses in the UK and in Portugal?
The list is long, I may have to split it into several posts