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

[misty]

I donated £5 actually, so I think I have every right to question it.

What happened when you asked for a refund?

[Montclair]

Not true.

The right to appeal is more liberally interpreted than (for example) in English law, but it is not automatic.

If the appellant fulfills the 4 bureaucratic conditions, the appeal goes automatically to the higher court. There are no other conditions. The lower court judge can't say, "I find your arguments weak and irrelevant, so I won't send them to the appeals court". You seem to be the only one here who does not understand how the law works here in Portugal.

[ferryman]

If the appellant fulfills the 4 bureaucratic conditions, the appeal goes automatically to the higher court. There are no other conditions. The lower court judge can't say, "I find your arguments weak and irrelevant, so I won't send them to the appeals court". You seem to be the only one here who does not understand how the law works here in Portugal.

 
Not the only one.  I seem to recall Jean-Pierre was surprised that he managed to squeeze out an appeal that was accepted.

Still, I'm sure Amaral's (present) lawyer will have great success in persuading learned judges of a higher court that directly accusing a couple against whom Portuguese prosecutors could find no evidence of any wrong-doing of causing the death of their own daughter, covering up the "fact" of her death and launching a fraudulent "fund" in their (dead) daughter's name is not libel.

[G-Unit]

 
Not the only one.  I seem to recall Jean-Pierre was surprised that he managed to squeeze out an appeal that was accepted.

Still, I'm sure Amaral's (present) lawyer will have great success in persuading learned judges of a higher court that directly accusing a couple against whom Portuguese prosecutors could find no evidence of any wrong-doing of causing the death of their own daughter, covering up the "fact" of her death and launching a fraudulent "fund" in their (dead) daughter's name is not libel.

Are you for real? Jean-Pierre said;

 September 07, 2015, 09:57:37 AM »
For what its worth, my thoughts on the news of Amaral's appeal are as follows:

Under Portuguese law, Amaral has a right to appeal the decision of the court, as is right and proper.

There are three possibilities:

That the appeal count will agree the original verdict in which case no further appeals will be allowed

That the appeal court modify the verdict, in which either party can appeal.

That the appeal count overturn the original verdict, in which either party can appeal (probably the McCanns)

[jassi]

Are you for real? Jean-Pierre said;

 September 07, 2015, 09:57:37 AM »
For what its worth, my thoughts on the news of Amaral's appeal are as follows:

Under Portuguese law, Amaral has a right to appeal the decision of the court, as is right and proper.

There are three possibilities:

That the appeal count will agree the original verdict in which case no further appeals will be allowed

That the appeal court modify the verdict, in which either party can appeal.

That the appeal count overturn the original verdict, in which either party can appeal (probably the McCanns)

Seems perfectly straightforward to me. The appeal is underway and all we have to do is wait for the result.

[ferryman]

Are you for real? Jean-Pierre said;

 September 07, 2015, 09:57:37 AM »
For what its worth, my thoughts on the news of Amaral's appeal are as follows:

Under Portuguese law, Amaral has a right to appeal the decision of the court, as is right and proper.

There are three possibilities:

That the appeal count will agree the original verdict in which case no further appeals will be allowed

That the appeal court modify the verdict, in which either party can appeal.

That the appeal count overturn the original verdict, in which either party can appeal (probably the McCanns)

Jean-Pierre didn't dispute Amaral's right to lodge an appeal.

He was surprised the appeal lodged was accepted (for consideration by the higher court).

[G-Unit]

Jean-Pierre didn't dispute Amaral's right to lodge an appeal.

He was surprised the appeal lodged was accepted (for consideration by the higher court).

i know that the much admired (by some) OxfordBloo thought there were no grounds for an appeal, but I can't find where Jean-Pierre said what you are alleging. i'm sure you can find the post you're referring to though.

[ferryman]

Are you for real? Jean-Pierre said;

 September 07, 2015, 09:57:37 AM »
For what its worth, my thoughts on the news of Amaral's appeal are as follows:

Under Portuguese law, Amaral has a right to appeal the decision of the court, as is right and proper.

There are three possibilities:

That the appeal count will agree the original verdict in which case no further appeals will be allowed

That the appeal court modify the verdict, in which either party can appeal.

That the appeal count overturn the original verdict, in which either party can appeal (probably the McCanns)

I think, what we miss, in our discussion of this point is the middle stage in a 3-stage process (of appeal).

If one party is dissatisfied with the outcome of the first stage of a litigation dispute (even as a victor) yes, there is automatic recourse to apply for leave to appeal.

That's the first stage.

The second stage is that said (submitted) grounds are either accepted or rejected.

I think the bar for acceptance of those grounds is lower in Portugal than in UK, but still, there is a bar.

Jean-Pierre was of the view that Amaral's (lodged) appeal would come under the bar and be rejected.

Seemingly, it made it over the bar and was accepted.

But to be clear, there is a distinction between automatic right to lodge grounds of appeal and the supposition that grounds lodged will be accepted.

[G-Unit]

I think, what we miss, in our discussion of this point is the middle stage in a 3-stage process (of appeal).

If one party is dissatisfied with the outcome of the first stage of a litigation dispute (even as a victor) yes, there is automatic recourse to apply for leave to appeal.

That's the first stage.

The second stage is that said (submitted) grounds are either accepted or rejected.

I think the bar for acceptance of those grounds is lower in Portugal than in UK, but still, there is a bar.

Jean-Pierre was of the view that Amaral's (lodged) appeal would come under the bar and be rejected.

Seemingly, it made it over the bar and was accepted.

But to be clear, there is a distinction between automatic right to lodge grounds of appeal and the supposition that grounds lodged will be accepted.

No cite?

[Alice Purjorick]

Seems perfectly straightforward to me. The appeal is underway and all we have to do is wait for the result.

When has anything been straightforward in this case?
There appear to be two flags in the ground on this.
1 He has submitted an application to appeal which has been accepted and is being payed for in part by funds raised through a GoFundMe page.
2 There are no grounds for appeal so he is telling porkies and the GoFundMeAmaral set up is hooky.

Take your pick 

[ferryman]

No cite?

Scroll down to the 6th post in this link:

Mod: Links to other fora is not allowed

[ferryman]

So I wasn't allowed the link before.

Try this one:

http://miscarriageofjustice.co/index.php?topic=6269.msg245147#msg245147

[G-Unit]

So I wasn't allowed the link before.

Try this one:

http://miscarriageofjustice.co/index.php?topic=6269.msg245147#msg245147

So he and OxfordBloo were both wrong it appears. We shall see what the appeal court decides. If they agree with the lower court it's the end of the process. If they disagree with the lower court the saga continues. What seems clear is that none of us can predict what will happen next.

[Montclair]

I think, what we miss, in our discussion of this point is the middle stage in a 3-stage process (of appeal).

If one party is dissatisfied with the outcome of the first stage of a litigation dispute (even as a victor) yes, there is automatic recourse to apply for leave to appeal.

That's the first stage.

The second stage is that said (submitted) grounds are either accepted or rejected.

I think the bar for acceptance of those grounds is lower in Portugal than in UK, but still, there is a bar.

Jean-Pierre was of the view that Amaral's (lodged) appeal would come under the bar and be rejected.

Seemingly, it made it over the bar and was accepted.

But to be clear, there is a distinction between automatic right to lodge grounds of appeal and the supposition that grounds lodged will be accepted.

You still don't or don't want to understand! His appeal was sent to the higher court because the process complied with the 4 bureaucratic conditions: the crime or whatever can be appealed according to the law, the fees are paid, the person who files the appeal is the one concerned and the appeal is filed within the time limit. That is ALL!!! No one decides whether the arguments given are valid enough to go to a higher court. It is just not done like this in Portugal. The right to appeal is automatic and it is the higher court which will judge the arguments or grounds. There is no intermediary phase as you state. This is not England.

[ferryman]

You still don't or don't want to understand! His appeal was sent to the higher court because the process complied with the 4 bureaucratic conditions: the crime or whatever can be appealed according to the law, the fees are paid, the person who files the appeal is the one concerned and the appeal is filed within the time limit. That is ALL!!! No one decides whether the arguments given are valid enough to go to a higher court. It is just not done like this in Portugal. The right to appeal is automatic and it is the higher court which will judge the arguments or grounds. There is no intermediary phase as you state. This is not England.

However, the appeal must have substance, and challenge either proven facts or specific points of law.

(Jean-Pierre)