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

[stephen25000]

The answer to your question is that there were various proven facts under this, generic, heading:

McCanns v. Gonçalo Amaral: Libel Trial - Judge's Ruling

INCLUDING NUMBERS 6 and 7.

[Carana]

According to someone called Anônimo Anônimo:
"... perderam 5 das suas 7 pretensões .... Têm de pagar 60% das custas ..."
which means something like lost 5 of the 7 points, have to pay 60% of costs
That can't be true can it?

It depends what "Anônimo Anônimo" *cough* is referring to:

- the claims on behalf of the twins were dismissed (any damage would be indirect)
- no tangible evidence that his spoutings had harmed the search (Paiva said he carried on processing new information; no evidence of a drop of public interest in the case (which I find a bit of an odd conclusion as the PT media lady had said that there were hundreds of articles following the publication / DVD... but largely upholding his theory)
- the proven gains turned out to be less than the original estmated amount.

- They were ordered to pay a higher percentage of costs (58%, from memory). It's not entirely clear whether that would be related to the injunction fees and / or hiring of AV equipment to view the film (which would be borne by the party requesting it).

[Carana]

Amaral presented a hypothesis/theory....he never said he had found this child's  body...a police theory is not libellous as confirmed by the appellant higher court when his book got unbanned a few years back

Except for breaking:

- judicial secrecy, or perhaps more importantly in terms of damage, the timing of the launch;
- the duty not to blab about a case you were closely involved in, particularly when it makes a mockery of the judicial principle of the right to the presumption of innocence and the right to a fair trial.

And cherry-picking selected bits from an early phase, incorporating "hearsay", mangling and exaggerating the significance of numerous aspects and presenting it as expert opinion.

[faithlilly]

That needs to be set in proper context.

If Amaral had confined his thoughts and theories to the process, the McCanns would not have been able to touch him, just as they can't touch Almeida for his interim report, because Almeida has never (so far as I am aware) discussed the content of that report outside the process.

If Amaral had not previously been a serving police officer and written the book with knowledge gleaned from that role then the judgement would not have gone against him. The judgement was not about the truth of his thesis but that his former role precluded him from writing the book at all.

[pegasus]

It depends what "Anônimo Anônimo" *cough* is referring to:

- the claims on behalf of the twins were dismissed (any damage would be indirect)
- no tangible evidence that his spoutings had harmed the search (Paiva said he carried on processing new information; no evidence of a drop of public interest in the case (which I find a bit of an odd conclusion as the PT media lady had said that there were hundreds of articles following the publication / DVD... but largely upholding his theory)
- the proven gains turned out to be less than the original estmated amount.

- They were ordered to pay a higher percentage of costs (58%, from memory). It's not entirely clear whether that would be related to the injunction fees and / or hiring of AV equipment to view the film (which would be borne by the party requesting it).

"no tangible evidence that his spoutings had harmed the search"
If that's true then which of the two "objects" of the MF would be furthered by this libel case?

[G-Unit]

"no tangible evidence that his spoutings had harmed the search"
If that's true then which of the two "objects" of the MF would be furthered by this libel case?

When the action began the fund still had 'supporting the family' as one of it's aims. That changed during the process. The only payout ordered was to the parents. If they win on appeal I expect the money will go into the Fund (less costs). If they lose the question then is should the costs be paid by the Fund?

[pegasus]

When the action began the fund still had 'supporting the family' as one of it's aims. That changed during the process. The only payout ordered was to the parents. If they win on appeal I expect the money will go into the Fund (less costs). If they lose the question then is should the costs be paid by the Fund?

The lawyers and other legal costs of the libel case against Mr Amaral are presumably currently being paid by someone (unless the lawyers happy to do probono for their foreign clients for 6+ yrs?)

[Carana]

When the action began the fund still had 'supporting the family' as one of it's aims. That changed during the process. The only payout ordered was to the parents. If they win on appeal I expect the money will go into the Fund (less costs). If they lose the question then is should the costs be paid by the Fund?

As we are told, the process isn't over...

Perhaps you truly believe that a former heroic expert insisting that the child is no longer potentially findable (alive or not), and no potential perp that you may know could in any way be involved (as the parents definitely dunnit) would not have hindered potentially useful information coming forward. And this was at a time when there was no live investigation.

[Carana]

"no tangible evidence that his spoutings had harmed the search"
If that's true then which of the two "objects" of the MF would be furthered by this libel case?

The search and bringing the perp to justice. Insisting that she's dead, her parents are innit, at a time when there was no live investigation, hampered that, IMO, even if it couldn't be empirically proven to the judge's satisfaction.

[faithlilly]

The search and bringing the perp to justice. Insisting that she's dead, her parents are innit, at a time when there was no live investigation, hampered that, IMO, even if it couldn't be empirically proven to the judge's satisfaction.

But that's the problem Carana. You say IYO that Amaral hampered the search. The evidence shows that many, many members of the public during the time the investigation was closed came forward with sightings etc ( even Duarte's claim that Pavia didn't follow up these signings proves this ). The available evidence does not prove your contention, in fact it proves the opposite so why do you still feel the opposite is true ?

[pegasus]

But that's the problem Carana. You say IYO that Amaral hampered the search. The evidence shows that many, many members of the public during the time the investigation was closed came forward with sightings etc ( even Duarte's claim that Pavia didn't follow up these signings proves this ). The available evidence does not prove your contention, in fact it proves the opposite so why do you still feel the opposite is true ?

Mr Amaral's book cannot possibly have impeded or prevented the ongoing very active search by both SY and the PJ.

[faithlilly]

Mr Amaral's book cannot possibly have impeded or prevented the ongoing very active search by both SY and the PJ.

Or indeed the archived or private investigations.

[Carana]

But that's the problem Carana. You say IYO that Amaral hampered the search. The evidence shows that many, many members of the public during the time the investigation was closed came forward with sightings etc ( even Duarte's claim that Pavia didn't follow up these signings proves this ). The available evidence does not prove your contention, in fact it proves the opposite so why do you still feel the opposite is true ?

"Sightings" by anyone was still guaranteed news sales for the media - whether it was by psychics or anyone else, or indeed genuine or invented by hacks with 15 mins. to produce something to fill space.

Some may not have taken much notice of his spoutings (I haven't said the contrary) in NZ, US, India, plus numerous "psychics", but those who might have genuinely have had potentially useful info would have connections with PdL - which is where she disappeared.

Some people may be either predisposed to the dunnit theory, or have been slowly led to that theory via selected translations of articles relating to the idea the X police force is one of the best in the world, then you / one could tend to believe that.

Once that has been "established", it's not that easy to stand back and reassess. Particularly, possibly, if you are local, someone connected to you has had business/ employment affected, someone in your family has been under suspicion before when it was clearly nothing to do with your loved ones and you were terrified of it happening again... you do have a suspicion but can't say anything for whatever reason...

[faithlilly]

"Sightings" by anyone was still guaranteed news sales for the media - whether it was by psychics or anyone else, or indeed genuine or invented by hacks with 15 mins. to produce something to fill space.

Some may not have taken much notice of his spoutings (I haven't said the contrary) in NZ, US, India, plus numerous "psychics", but those who might have genuinely have had potentially useful info would have connections with PdL - which is where she disappeared.

Some people may be either predisposed to the dunnit theory, or have been slowly led to that theory via selected translations of articles relating to the idea the X police force is one of the best in the world, then you / one could tend to believe that.

Once that has been "established", it's not that easy to stand back and reassess. Particularly, possibly, if you are local, someone connected to you has had business/ employment affected, someone in your family has been under suspicion before when it was clearly nothing to do with your loved ones and you were terrified of it happening again... you do have a suspicion but can't say anything for whatever reason...

I'm sorry Carana I may be missing something but what have your last two paragraphs got to do with the possible implications of Amaral's book on the search for Madeleine ?

[Carana]

I'm sorry Carana I may be missing something but what have your last two paragraphs got to do with the possible implications of Amaral's book on the search for Madeleine ?

Establishing or reinforcing views to the detriment of the missing child?