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

[Carana]

I am going to make a prediction here - a veritable hostage to fortune.

I think it will be quite straightforward and not very messy.  I predict that the appeal will agree with the original verdict.

My reasoning? The appeal can only overturn the verdict on the grounds of proven facts or points of law.  Assuming that the proven facts are not in dispute (having been covered during the trial) so that leaves points of law.  The verdict turned on Amarals requirement to keep his trap shut about cases he was involved in, and in particular not to make accusations about named people involved.  And this is pretty much a universal feature of police and judicial services. 

The verdict was actually quite balanced - something to the McCanns and bit left over for Amaral's creditiors.   

I expect this aspect to be wrapped up by Christmas, and then he can whine about taking the case to the ECHR......   

You forgot the Supreme Court, naughty boy!


Seriously... I think his main point of contention will be whether the judicial service shut up clause applied to him or not, once retired (there are some waffly bits concerning expectations of retired staff) and, if it did, whether it's of the same hierarchical nature as his right to freedom of expression.

[pegasus]

I am going to make a prediction here - a veritable hostage to fortune.

I think it will be quite straightforward and not very messy.  I predict that the appeal will agree with the original verdict.

My reasoning? The appeal can only overturn the verdict on the grounds of proven facts or points of law.  Assuming that the proven facts are not in dispute (having been covered during the trial) so that leaves points of law.  The verdict turned on Amarals requirement to keep his trap shut about cases he was involved in, and in particular not to make accusations about named people involved.  And this is pretty much a universal feature of police and judicial services. 

The verdict was actually quite balanced - something to the McCanns and bit left over for Amaral's creditiors.   

I expect this aspect to be wrapped up by Christmas, and then he can whine about taking the case to the ECHR......   

IMO it is not impossible that Mr Amaral's opponents will concede before the appeal is decided.

[Carana]

IMO it is not impossible that Mr Amaral's opponents will concede before the appeal is decided.

Why?

[Alfred R Jones]

IMO it is not impossible that Mr Amaral's opponents will concede before the appeal is decided.

Concede what??!  That they'd made a terrible mistake and that Amaral wasn't a rotter after all?!  I don't think so somehow!

[pegasus]

Concede what??!  That they'd made a terrible mistake and that Amaral wasn't a rotter after all?!  I don't think so somehow!

A spokesperson recently emphasised the importance of having huge chunks of money ready to immediately finance a private search in case SY fail to solve the case. Every thousand pounds spent on lawyers on this libel case is a thousand pounds less available for that possible future search.

[Brietta]

A spokesperson recently emphasised the importance of having huge chunks of money ready to immediately finance a private search in case SY fail to solve the case. Every thousand pounds spent on lawyers on this libel case is a thousand pounds less available for that possible future search.

It is good to have a contingency plan, but I am hopeful it will not be needed if as seems probable the PJ and SY investigations are bearing fruit.  Also any future family search is unlikely to be on the scale of the previous ones.

I think Mr Amaral could have salvaged a measure of dignity by accepting the judgement of the court and concentrating on getting his life back on track by foregoing his right to appeal.

[Carana]

A spokesperson recently emphasised the importance of having huge chunks of money ready to immediately finance a private search in case SY fail to solve the case. Every thousand pounds spent on lawyers on this libel case is a thousand pounds less available for that possible future search.

Ok. I think I see your point, even though I don't agree with it.

Shutting him up may now be less important than it was.

This saga started before the Met had agreed to take a review, let alone open an investigation. Whether the Met decision influenced the PT authorities or not, they reopened the investigation as well.

Prior to the (re)opening of the investigation, the message was that there was no point looking for this missing child. And some people keep regurgitating either his words of (non) wisdom, or PJ leaks during his tenure.

What's a few thousand pounds to take this to its conclusion? Not only for Madeleine, but for others who are influenced by the nonsensical opinions of so-called "experts"?

[Carana]

It is good to have a contingency plan, but I am hopeful it will not be needed if as seems probable the PJ and SY investigations are bearing fruit.  Also any future family search is unlikely to be on the scale of the previous ones.

I think Mr Amaral could have salvaged a measure of dignity by accepting the judgement of the court and concentrating on getting his life back on track by foregoing his right to appeal.

He made more money (if he gets to keep it) in under two years than the average working person would be able to save in a lifetime. All on the back of dismissing a missing child as potentially findable, when he didn't even understand the evidence.

I doubt that he'll give that up without a fight.

[Eleanor]

He made more money (if he gets to keep it) in under two years than the average working person would be able to save in a lifetime. All on the back of dismissing a missing child as potentially findable, when he didn't even understand the evidence.

I doubt that he'll give that up without a fight.

That has really upset me, yet again.  But there you go.

[Alfred R Jones]

A spokesperson recently emphasised the importance of having huge chunks of money ready to immediately finance a private search in case SY fail to solve the case. Every thousand pounds spent on lawyers on this libel case is a thousand pounds less available for that possible future search.

Perhaps the McCanns' supporters should start a legal aid fund for them then then. 

[Mr Gray]

I am going to make a prediction here - a veritable hostage to fortune.

I think it will be quite straightforward and not very messy.  I predict that the appeal will agree with the original verdict.

My reasoning? The appeal can only overturn the verdict on the grounds of proven facts or points of law.  Assuming that the proven facts are not in dispute (having been covered during the trial) so that leaves points of law.  The verdict turned on Amarals requirement to keep his trap shut about cases he was involved in, and in particular not to make accusations about named people involved.  And this is pretty much a universal feature of police and judicial services. 

The verdict was actually quite balanced - something to the McCanns and bit left over for Amaral's creditiors.   

I expect this aspect to be wrapped up by Christmas, and then he can whine about taking the case to the ECHR......   

an excellent and totally logical post

[pegasus]

Perhaps the McCanns' supporters should start a legal aid fund for them then then.

There is a difference between donating money to defend people accused in a criminal case (which is the situation RB and others anticipated and offered money for in Sept 2007), and donating money to pay for initiating a libel case and pursuing it for 6 or more years, probably at a cost of hundreds of thousands.

[pegasus]

Ok. I think I see your point, even though I don't agree with it.

Shutting him up may now be less important than it was.

This saga started before the Met had agreed to take a review, let alone open an investigation. Whether the Met decision influenced the PT authorities or not, they reopened the investigation as well.

Prior to the (re)opening of the investigation, the message was that there was no point looking for this missing child. And some people keep regurgitating either his words of (non) wisdom, or PJ leaks during his tenure.

What's a few thousand pounds to take this to its conclusion? Not only for Madeleine, but for others who are influenced by the nonsensical opinions of so-called "experts"?

Good post. The dilemma for the directors of MFLNSUL is this: the moment SY opened their investigation, the argument which goes something like "suing Amaral is actually searching, because his book stops people searching" became much less convincing.

[mercury]

Good post. The dilemma for the directors of MFLNSUL is this: the moment SY opened their investigation, the argument which goes something like "suing Amaral is actually searching, because his book stops people searching" became much less convincing.

Even before that their argument was weak for many reasons why have been gone over before and never possible to substantiate

[Brietta]

Good post. The dilemma for the directors of MFLNSUL is this: the moment SY opened their investigation, the argument which goes something like "suing Amaral is actually searching, because his book stops people searching" became much less convincing.

Even now that the investigation into Madeleine McCann's disappearance is embedded in a very active police investigation there are those who agitate constantly about the costs and personnel who they think could be better used elsewhere.

The same people agitated constantly against the review undertaken which revealed the information that enabled the reopening of Madeleine's case. The same people who pulled every trick in the book to impede her parents continuing the search for her after the case was archived 2008 and to impede their efforts to have her case looked at and reopened.

The Drs McCann have pulled off something which is little short of a miracle with the reopening of Madeleine's case ... all the time having the added burden of Mr Amaral's book and Mr Amaral's supporters to contend with.

The libel action was begun in 2009.  Madeleine's case was not reopened till 2013.  It is facile to suggest that having fought a successful fight on their daughter's behalf concerning so many issues that they should step back from the mark now.

Maybe it is about time for Mr Amaral to play his ace since this action begins and ends with his actions.