Author Topic: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.  (Read 853495 times)

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Offline Carana

Seeing as you're here JP...

What assets were actually sequestered as part of this case as opposed to any concerning prior debts and what would the cut-off point have been for any income related to the book / docu drama / interviews... ? Would that have been any proven income received or due as of when the injunction was accepted, up until the end of 2009 or what?

ferryman

  • Guest
The trial wasn't about truth or lies, but about damage.

That's daft.

Damage arises as a result of something (in the case of libel) proven lies (at least in Portugal).

Alfred R Jones

  • Guest
So, let's say Amaral wins some concessions on appeal, or even has the verdict overturned.  I understand it is then over to the McCanns to appeal that decision, right?  Then, if they succeed is it back to Amaral to appeal again?  &%+((£

ferryman

  • Guest
So, let's say Amaral wins some concessions on appeal, or even has the verdict overturned.  I understand it is then over to the McCanns to appeal that decision, right?  Then, if they succeed is it back to Amaral to appeal again?  &%+((£

That's the ding-dong nature of appeals.

I'm puzzled that this latest development is not reported in the mainstream media ....

Offline Jean-Pierre

Seeing as you're here JP...

What assets were actually sequestered as part of this case as opposed to any concerning prior debts and what would the cut-off point have been for any income related to the book / docu drama / interviews... ? Would that have been any proven income received or due as of when the injunction was accepted, up until the end of 2009 or what?

Interesting point.  Clearly some of the royalties due to Amaral had been paid over, and it seems paid to his limited company.  Hence the earring, the Jag and the parties, not to mention the titfer and the sharp suit. 

So the court would have been able to freeze the bank account of the company, the royalties due but not yet paid from the publisher, and prevent transfer or sale of copyright of the book and documentary. 

So no idea exactly how much, but probably quite a substantial sum.


Offline Brietta

You may be forgetting that was an appeal / review of an ex parte judgement.  The book ban was overturned but not the sequestration of funds.

This is an appeal of a full case where both sides presented their evidence to the court. 

My view is that it's a bit early for either "side" to be jumping for joy.


I only hope it isn't going to drag on for another five years, because I think that benefits no-one.

The way I see it at present is that the only pressure now on the Drs McCann is the progress in the search for what may have happened to Madeleine.

I think the reopening of the case particularly by the PJ has led to a lot of people re-evaluating the situation.  I also think the decision against Mr Amaral, which is subject to appeal, has been effectively a moral victory for Madeleine's parents which is not going to be wiped out.

I agree there are pitfalls in any appeal. 
If it is the amount of the award ... that could actually be increased and were the McCann legal team able to have some of the verbal contributions from contributors to Mr Amaral's fund introduced, that too could possibly have an effect.  Particularly those including comments which call the Portuguese Justice System into question.
"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

I only hope it isn't going to drag on for another five years, because I think that benefits no-one.

The way I see it at present is that the only pressure now on the Drs McCann is the progress in the search for what may have happened to Madeleine.

I think the reopening of the case particularly by the PJ has led to a lot of people re-evaluating the situation.  I also think the decision against Mr Amaral, which is subject to appeal, has been effectively a moral victory for Madeleine's parents which is not going to be wiped out.

I agree there are pitfalls in any appeal. 
If it is the amount of the award ... that could actually be increased and were the McCann legal team able to have some of the verbal contributions from contributors to Mr Amaral's fund introduced, that too could possibly have an effect.  Particularly those including comments which call the Portuguese Justice System into question.

I guess Ms Baulch isn't satisfied Amaral's position is financially secure, yet, because the appeal goes on ....

Offline Carana

Interesting point.  Clearly some of the royalties due to Amaral had been paid over, and it seems paid to his limited company.  Hence the earring, the Jag and the parties, not to mention the titfer and the sharp suit. 

So the court would have been able to freeze the bank account of the company, the royalties due but not yet paid from the publisher, and prevent transfer or sale of copyright of the book and documentary. 

So no idea exactly how much, but probably quite a substantial sum.

Thanks, but I'm still not sure when the cut-off date was. Hmm. The injunction went through so many twists and turns that due income may have been legal at one point, then not at another, then legal again...


Offline misty

Posted by portugalpress on June 15, 2015
Maddie cop launches appeal against McCann’s record damages ‘win’ of €500,000


Following a huge crowd-funding drive that has raised over £29,000 from well-wishers almost exclusively from the UK, former police inspector Gonçalo Amaral has today filed his appeal against the €500,000-plus damages awarded against him in a civil case taken out by the parents of Madeleine McCann.

The Projecto Justiça Gonçalo Amaral published the news this morning, thanking “each and every one” of the nearly 2000 people who have given money to the British gofundme appeal that has helped take Amaral’s legal fight to its next stage.

As the message went out, donations continued apace - with over £390 raised in a matter of hours.

Several of the day’s donors commented this was “news worth celebrating”, but more than one suggested the story is “unlikely to be covered by mainstream media”.

Indeed, by coincidence British media is much more focused today on Madeleine’s mother Kate who is leading a bike ride for a missing people’s charity.

Kate McCann has told reporters that she is “really encouraged” by progress being made by police in the eight-year hunt for her daughter.

Meantime, the gofundme appeal - started by a young Birmingham woman who was only 14 when Madeleine went missing - is set to continue.

Updates are promised - though with the speed of Portuguese justice it is anyone’s guess when Amaral’s appeal will be set a date for hearing.

As readers may be aware, the long-running civil case taken out by Madeleine’s parents centred on claims Amaral made in his book The Truth of the Lie in which he suggested the McCanns had faked their daughter’s abduction.

The McCann’s said the book caused them “devastation, desperation, anxiety and pain”.

Amaral’s supporters however claim they “will not let this case pass into obscurity” and “do not tolerate the leaving of unanswered questions”.

natasha.donn@algarveresident.com

- See more at: http://portugalresident.com/maddie-cop-launches-appeal-against-mccann%E2%80%99s-record-damages-%E2%80%98win%E2%80%99-of-%E2%82%AC500000#sthash.GJW0yFod.dpuf

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Still not direct from the horse's mouth (or his legal representatives)

ferryman

  • Guest
Posted by portugalpress on June 15, 2015
Maddie cop launches appeal against McCann’s record damages ‘win’ of €500,000


Following a huge crowd-funding drive that has raised over £29,000 from well-wishers almost exclusively from the UK, former police inspector Gonçalo Amaral has today filed his appeal against the €500,000-plus damages awarded against him in a civil case taken out by the parents of Madeleine McCann.

The Projecto Justiça Gonçalo Amaral published the news this morning, thanking “each and every one” of the nearly 2000 people who have given money to the British gofundme appeal that has helped take Amaral’s legal fight to its next stage.

As the message went out, donations continued apace - with over £390 raised in a matter of hours.

Several of the day’s donors commented this was “news worth celebrating”, but more than one suggested the story is “unlikely to be covered by mainstream media”.

Indeed, by coincidence British media is much more focused today on Madeleine’s mother Kate who is leading a bike ride for a missing people’s charity.

Kate McCann has told reporters that she is “really encouraged” by progress being made by police in the eight-year hunt for her daughter.

Meantime, the gofundme appeal - started by a young Birmingham woman who was only 14 when Madeleine went missing - is set to continue.

Updates are promised - though with the speed of Portuguese justice it is anyone’s guess when Amaral’s appeal will be set a date for hearing.

As readers may be aware, the long-running civil case taken out by Madeleine’s parents centred on claims Amaral made in his book The Truth of the Lie in which he suggested the McCanns had faked their daughter’s abduction.

The McCann’s said the book caused them “devastation, desperation, anxiety and pain”.

Amaral’s supporters however claim they “will not let this case pass into obscurity” and “do not tolerate the leaving of unanswered questions”.

natasha.donn@algarveresident.com

- See more at: http://portugalresident.com/maddie-cop-launches-appeal-against-mccann%E2%80%99s-record-damages-%E2%80%98win%E2%80%99-of-%E2%82%AC500000#sthash.GJW0yFod.dpuf

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Still not direct from the horse's mouth (or his legal representatives)

Several of the day’s donors commented this was “news worth celebrating”, but more than one suggested the story is “unlikely to be covered by mainstream media”.

Why not?

Offline misty

Meanwhile, only £2686.00 donated to Kerry Needham.
The hypocrisy of those purporting to support the parents of missing children is mind-boggling.

Offline Carana

If the pace of this UK fund-raising carries on for a year or so (and the appeal process could easily take that long), he should have around £300k at his disposal by then, shouldn't he?

ferryman

  • Guest
If, indeed, Amaral has been granted his appeal, I would expect some report in mainstream media (particularly in Portugal).

I would also expect rentagob Amaral to broadcast it from the highest hills (metaphorically, of course) ....

Offline Carana

If, indeed, Amaral has been granted his appeal, I would expect some report in mainstream media (particularly in Portugal).

I would also expect rentagob Amaral to broadcast it from the highest hills (metaphorically, of course) ....

Oh, I expect some tabloid hack with a few inches to fill will eventually do so...

ferryman

  • Guest
So will Amaral be perched on Julia's couch any time soon?