Author Topic: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.  (Read 853395 times)

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Offline Alice Purjorick

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3075 on: September 11, 2015, 09:39:27 PM »
Why would anyone have to prove beyond doubt that she was alive at the time of the book's publication?

There was no evidence that she'd died. It's not even as if she'd disappeared in a plane crash in an ocean.

Even if she had died, who would call in with concerns about Uncle Peter/ Pieter/ Pedro's strange behaviour or odd items found in his home if it were assumed that the parents had disposed of her?

I would have thought the Portuguese judiciary would take note of wording in the archiving process in this respect. With the case archived there is no one looking anyway in any official capacity. So you are faced with proving there was a coordinated "unofficial" search which was impeded by the book content.
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Offline mercury

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3076 on: September 11, 2015, 10:51:39 PM »
Thanks Carana ... however if that link to the penal code is applicable to him and my reading of it says it well may be, it is probably a good idea for him to try to keep the appeal process going for a few years to postpone the severe penalties of disseminating confidential information gained in his position as a public servant.

his book was published after the files were released so how could he be responsible for disseminating confidentialinformation it's a an oxymoron at best and further confirmed by the vexatious complaint by the Duarte woman which got thrown out of court..nice try though

Offline G-Unit

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3077 on: September 12, 2015, 06:44:36 AM »
his book was published after the files were released so how could he be responsible for disseminating confidentialinformation it's a an oxymoron at best and further confirmed by the vexatious complaint by the Duarte woman which got thrown out of court..nice try though

It does seem a fine line the judge is drawing here. Because the book was published just three days after the PJ Files were released, the judge decided the information was confidential when Amaral used it to write his book. Clearly that's true.

The question then is can a policeman use confidential information gained through his job to write something down which he keeps to himself? If no-one knows what he's written then I guess he can do that because no-one knows. If the PJ Files hadn't been released and Amaral as a result hadn't published his book no-one would have known what was in it.

So Amaral did use confidential information to write the book, but it wasn't confidential when he published the book. A fine line.
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ferryman

  • Guest
Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3078 on: September 12, 2015, 07:16:13 AM »
his book was published after the files were released so how could he be responsible for disseminating confidentialinformation it's a an oxymoron at best and further confirmed by the vexatious complaint by the Duarte woman which got thrown out of court..nice try though

No, it's not.  Proof reads of early drafts of the text will have been seen by third-parties well in advance of publication date.

That breached Portuguese secrecy.

As would Amaral's access to material as not (then) a serving officer, or at any rate, not on the Madeleine case.

Offline Carana

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3079 on: September 12, 2015, 07:55:42 AM »
I would have thought the Portuguese judiciary would take note of wording in the archiving process in this respect. With the case archived there is no one looking anyway in any official capacity. So you are faced with proving there was a coordinated "unofficial" search which was impeded by the book content.

OK, I see your idea.

What we don't know is how viable any of the leads that landed on desk officer Paiva's desk actually were. No doubt a number of them would have been of the nutty variety, but what effort was put into any plausible ones?

If potentially serious leads had been ignored or had just involved getting a GNR officer to pop over to see if there was any "sign of the minor", it would still be difficult to attribute inaction to the book as Paiva shared Amaral's theory anyway.

If some of those leads came in from the public, then not everyone believed that she was dead, but a number would have come in from the PIs, and no one will ever know how many more might have come in. Some of the potentially-linked assault cases only came to light as a result of the Crimewatch appeal.

stephen25000

  • Guest
Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3080 on: September 12, 2015, 08:05:02 AM »
OK, I see your idea.

What we don't know is how viable any of the leads that landed on desk officer Paiva's desk actually were. No doubt a number of them would have been of the nutty variety, but what effort was put into any plausible ones?

If potentially serious leads had been ignored or had just involved getting a GNR officer to pop over to see if there was any "sign of the minor", it would still be difficult to attribute inaction to the book as Paiva shared Amaral's theory anyway.

If some of those leads came in from the public, then not everyone believed that she was dead, but a number would have come in from the PIs, and no one will ever know how many more might have come in. Some of the potentially-linked assault cases only came to light as a result of the Crimewatch appeal.

Perhaps you should learn to realize people came to the conclusion Madeleine was dead without the influence Paiva or Amaral.

If some want to believe she was and is still alive, so be it.

However, not one sighting , or one lead has led anywhere.

As to your 'might have come in', that is speculation and no more than that.


ferryman

  • Guest
Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3081 on: September 12, 2015, 08:09:34 AM »
I've no doubt groundless prejudices might have taken a hold of some people's souls from a very early stage, yes.

And?

Offline Mr Gray

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3082 on: September 12, 2015, 09:05:41 AM »
Perhaps you should learn to realize people came to the conclusion Madeleine was dead without the influence Paiva or Amaral.

If some want to believe she was and is still alive, so be it.

However, not one sighting , or one lead has led anywhere.

As to your 'might have come in', that is speculation and no more than that.

as there is no proof maddie is dead it is pure speculation to say she is

Offline jassi

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3083 on: September 12, 2015, 09:09:51 AM »
The same with  other people who are missing,but  presumed dead, I suppose.
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

stephen25000

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Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3084 on: September 12, 2015, 09:12:44 AM »
The same with  other people who are missing,but  presumed dead, I suppose.

Indeed.

I wonder if some people still believe Lord Lucan is still alive ?

Offline Mr Gray

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3085 on: September 12, 2015, 09:16:13 AM »
Indeed.

I wonder if some people still believe Lord Lucan is still alive ?

As Ihave told you many times the belief is that Maddie MAY still be alive not that she is...

Offline Carana

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3086 on: September 12, 2015, 09:22:15 AM »
Time will tell.


Carana, do you think this case will ever be solved ?

I've no idea. The police seem to think there's still a reasonable chance, so I'll go with that.

Some cases never get solved as we all know, but others eventually do. Sometimes there's a breakthrough through direct investigative work, and sometimes there's a lucky break that pops up out of seemingly nowhere.

Some missing kid cases have been solved years later, because one kid managed to escape, or because of an investigation into a newer case.

One cold murder case (I can't remember in which country now) was eventually solved when a family was clearing out the attic of an elderly relative who'd died. They came across a suitcase of stuff they were about to throw out when one of them suddenly thought that the contents were odd and called the police.
« Last Edit: September 12, 2015, 09:42:13 AM by Carana »

stephen25000

  • Guest
Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3087 on: September 12, 2015, 09:23:24 AM »
It would be interesting to get a coherent reply from mccann supporters who believe that Madeleine is alive, that after 8 plus years of unparalleled publicity this case has received, where she would be.

Offline Mr Gray

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3088 on: September 12, 2015, 09:27:56 AM »
It would be interesting to get a coherent reply from mccann supporters who believe that Madeleine is alive, that after 8 plus years of unparalleled publicity this case has received, where she would be.

which McCann supporters have said maddie IS still alive...I certainly haven't

Offline Brietta

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #3089 on: September 12, 2015, 09:29:53 AM »
Indeed.

I wonder if some people still believe Lord Lucan is still alive ?

If alive Bingham would be eighty years old ~ pity Sandra Rivett wasn't given the opportunity to reach a similar serene old age.

Since there is not a shred of evidence that Madeleine is dead ... there is the probability that she remains a live, findable child.
Of the two options ~ I prefer the latter ~ and I wish the PJ and SY all speed in finding out what happened to her.
"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"....