McCanns appeal to the European Court of Human Rights

[Mr Gray]

Take away Amaral's alleged 'illegality' and his right to freedom of expression outweighs the McCann's right to reputation.

Again... Opinion not fact

[G-Unit]

Again... Opinion not fact

The McCann's case rested on it from the beginning;

page 7

"A) The claimants, concerning the pertinence of the trial, invoke that their constitutionally guaranteed rights are superior to the eventual freedom of expression that the defendants may benefit of, that the book and remaining pieces gathered in this suit are not information and aim at transforming the theory of their involvement in the death of the claimant Madeleine and the concealment of her body in the “result “ of the criminal investigation, and that Goncalo Amaral violated his duties as a State servant to which he was constrained being an inspector of the Judicial Police.

Which is why the judge said on page 31;

"In view of the requests made, the decision on the merits essentially depends on the answer to the following question :

- Is the book written by the defendant Goncalo Amaral, the adaptation of this book for the audiovisual documentary and the interview given by the same defendant illicit /anti-juridical according to article 484° of the Civil Procedure Code ? "
http://miscarriageofjustice.co/index.php?topic=6307.0

[Mr Gray]

The McCann's case rested on it from the beginning;

page 7

"A) The claimants, concerning the pertinence of the trial, invoke that their constitutionally guaranteed rights are superior to the eventual freedom of expression that the defendants may benefit of, that the book and remaining pieces gathered in this suit are not information and aim at transforming the theory of their involvement in the death of the claimant Madeleine and the concealment of her body in the “result “ of the criminal investigation, and that Goncalo Amaral violated his duties as a State servant to which he was constrained being an inspector of the Judicial Police.

Which is why the judge said on page 31;

"In view of the requests made, the decision on the merits essentially depends on the answer to the following question :

- Is the book written by the defendant Goncalo Amaral, the adaptation of this book for the audiovisual documentary and the interview given by the same defendant illicit /anti-juridical according to article 484° of the Civil Procedure Code ? "
http://miscarriageofjustice.co/index.php?topic=6307.0

Doesn't matter what you post the case, will now be decided on the relevant articles...

[Eleanor]

Could the fact that this was a case against a Portuguese National in a Portuguese Court have anything to do with the outcome in Portugal?

[G-Unit]

Could the fact that this was a case against a Portuguese National in a Portuguese Court have anything to do with the outcome in Portugal?

Are you suggesting that the Portuguese judges are biased?

[Eleanor]

Are you suggesting that the Portuguese judges are biased?

Yes.

[Mr Gray]

Are you suggesting that the Portuguese judges are biased?

I would say close on 100%

[G-Unit]

Doesn't matter what you post the case, will now be decided on the relevant articles...

If found admissable the case of McCann & Healy v Portugal will indeed be examined. The question being did the state of Portugal deprive the couple of any of their human rights under articles 6, 8 or 10? (Not, please note, did Amaral deprive the couple of any of their human rights)

[Mr Gray]

If found admissable the case of McCann & Healy v Portugal will indeed be examined. The question being did the state of Portugal deprive the couple of any of their human rights under articles 6, 8 or 10? (Not, please note, did Amaral deprive the couple of any of their human rights)

Semantics...it would be amarals actions that instigated the deprivation... If amaral then repeated his claims action could be taken against him

[Robittybob1]

Take away Amaral's alleged 'illegality' and his right to freedom of expression outweighs the McCann's right to reputation.

How did they figure that?   I would like to look at that scale to see if it weighs out evenly

[G-Unit]

I would say close on 100%

Quite difficult to achieve in a civil legal system where there are written laws and a written constitution.

[Mr Gray]

Quite difficult to achieve in a civil legal system where there are written laws and a written constitution.

When a judge can say it's reasonable for a man to beat his wife.. Because the bible says so..
When a man can violently rape a British hitch hiker and receive a suspended sentence..
Then I think anything is possible

[jassi]

If found admissable the case of McCann & Healy v Portugal will indeed be examined. The question being did the state of Portugal deprive the couple of any of their human rights under articles 6, 8 or 10? (Not, please note, did Amaral deprive the couple of any of their human rights)

Mind you, can you imagine the fury and anger on here if the McCanns fail to come out of this smelling of roses

[Mr Gray]

Mind you, can you imagine the fury and anger on here if the McCanns fail to come out of this smelling of roses

Can you imagine the furore if they win their case

[jassi]

Can you imagine the furore if they win their case

I don't think there'll be much. Us sceptics tend to be pragmatic souls, you know