Author Topic: The McCann v Gonçalo Amaral libel trial as it happens.  (Read 413257 times)

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Offline Mr Gray

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1740 on: February 23, 2014, 06:25:17 PM »
From Anne's reports on the trial the judge made it quite clear it was her job to compare the book with the PJ reports. She would not have been able do that in court!. I seem to remember that the thrust of the writ was that the book defamed the McCanns, had caused them and their surviving children harm and the book had impeded the search for Madeleine McCann. All of this is being judged under Portuguese law. It remains to be seen how the new UK Law on defamation will affect reporting there with the new defence of "honest opinion".

Depends how much value you put on Anne's report....part of the writ is defamation so  we will see what the judge thinks when she makes her decision...whenever that may be...It seems no one really understands Portuguese libel law..including the Portuguese posters

AnneGuedes

  • Guest
Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1741 on: February 23, 2014, 06:26:40 PM »
From Anne's reports on the trial the judge made it quite clear it was her job to compare the book with the PJ reports. She would not have been able do that in court!. I seem to remember that the thrust of the writ was that the book defamed the McCanns, had caused them and their surviving children harm and the book had impeded the search for Madeleine McCann. All of this is being judged under Portuguese law. It remains to be seen how the new UK Law on defamation will affect reporting there with the new defence of "honest opinion".
The legitimacy of GA's opinion as expressed in his book has already been judged and the book finally came back in the bookshops. What is judged now are the effects of that book, independently of its conformity to the conclusions of the PJ investigation in September, conclusions that Paulo Rebelo, who started his work reviewing GA Team's work, didn't dismiss.
When you say true things that potentially affect others, you need a serious motive and it has to be in the interest of the public's information, otherwise you risk to be condemned for malice.

Offline Mr Gray

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1742 on: February 23, 2014, 06:29:50 PM »
The legitimacy of GA's opinion as expressed in his book has already been judged and the book finally came back in the bookshops. What is judged now are the effects of that book, independently of its conformity to the conclusions of the PJ investigation in September, conclusions that Paulo Rebelo, who started his work reviewing GA Team's work, didn't dismiss.
When you say true things that potentially affect others, you need a serious motive and it has to be in the interest of the public's information, otherwise you risk to be condemned for malice.

What about when you say untrue things

Offline jassi

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1743 on: February 23, 2014, 06:32:31 PM »
What about when you say untrue things

That's where it becomes difficult - who really  knows what is true & what is false?
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

Offline Mr Gray

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1744 on: February 23, 2014, 06:34:53 PM »
That's where it becomes difficult - who really  knows what is true & what is false?

I agree but Anne has made a statement based on saying TRUE things...who has to show that those things are true or untrue...is what Anne is saying true

AnneGuedes

  • Guest
Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1745 on: February 23, 2014, 06:40:00 PM »
What about when you say untrue things
Then you're condemned without any hope.

AnneGuedes

  • Guest
Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1746 on: February 23, 2014, 06:41:43 PM »
What I meant is that it's not sufficient to say the truth (whether it is the truth or what you think is true), the motivation behind is crucial.

Offline Mr Gray

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1747 on: February 23, 2014, 06:42:18 PM »
Then you're condemned without any hope.

Thank you Anne...so if what amaral has said is untrue then he is condemned without any hope

Offline Mr Gray

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1748 on: February 23, 2014, 06:44:15 PM »
What I meant is that it's not sufficient to say the truth (whether it is the truth or what you think is true), the motivation behind is crucial.

That doesn't really make an awful lot of sense I'm afraid

Offline Benice

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1749 on: February 23, 2014, 06:44:56 PM »
That's where it becomes difficult - who really  knows what is true & what is false?

What is true - (unless there are some serious translation errors in his book)  - is that much in his book is NOT corroborated by the PJ files - as claimed.

Here is just one example:-

QUOTE from Amarals book:-

 It seems that the McCanns' friends have reported Maddie's disappearance to the press before informing the police about it
UNQUOTE

Where is the corroboration for that accusation?   There is none, and the AGs report makes that quite clear.

QUOTE FROM AG
None of the indications which led to their being made suspects was substantiated later; there was no proof of them having notified the media before the police, the laboratory did not confirm the traces found by the dogs, and the initial e-mail indications transcribed above later turned out to be harmless.
Unquote



The notion that innocence prevails over guilt – when there is no evidence to the contrary – is what separates civilization from barbarism.    Unfortunately, there are remains of barbarism among us.    Until very recently, it headed the PJ in Portimão. I hope he was the last one.
                                               Henrique Monteiro, chief editor, Expresso, Portugal

Offline Mr Gray

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1750 on: February 23, 2014, 06:49:58 PM »
What is true - (unless there are some serious translation errors in his book)  - is that much in his book is NOT corroborated by the PJ files - as claimed.

Here is just one example:-

QUOTE from Amarals book:-

 It seems that the McCanns' friends have reported Maddie's disappearance to the press before informing the police about it
UNQUOTE

Where is the corroboration for that accusation?   There is none, and the AGs report makes that quite clear.

QUOTE FROM AG
None of the indications which led to their being made suspects was substantiated later; there was no proof of them having notified the media before the police, the laboratory did not confirm the traces found by the dogs, and the initial e-mail indications transcribed above later turned out to be harmless.
Unquote

So to go on repeating these things when they have been shown to be false is not even honest opinion

Estuarine

  • Guest
Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1751 on: February 23, 2014, 07:01:03 PM »
So to go on repeating these things when they have been shown to be false is not even honest opinion

Correct me if I am wrong but the libel case is about defamation of the McCanns, the harm it caused the McCanns and their surviving children and the content of Dr Amaral's book having had a deleterious effect on the search for Madeleine McCann. If so anything said about The McCanns friends will be hardly relevant. Dr Amaral is on trial for alleged defamation b****r all else.

AnneGuedes

  • Guest
Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1752 on: February 23, 2014, 07:02:05 PM »
What is true - (unless there are some serious translation errors in his book)  - is that much in his book is NOT corroborated by the PJ files - as claimed.

Here is just one example:-

QUOTE from Amarals book:-

 It seems that the McCanns' friends have reported Maddie's disappearance to the press before informing the police about it
UNQUOTE

Where is the corroboration for that accusation?   There is none, and the AGs report makes that quite clear.

QUOTE FROM AG
None of the indications which led to their being made suspects was substantiated later; there was no proof of them having notified the media before the police, the laboratory did not confirm the traces found by the dogs, and the initial e-mail indications transcribed above later turned out to be harmless.
Unquote
Stricto senso, Mrs Oldfield contacted a BBC journalist friend in the middle of the night.

Offline Mr Gray

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1753 on: February 23, 2014, 07:03:35 PM »
Correct me if I am wrong but the libel case is about defamation of the McCanns, the harm it caused the McCanns and their surviving children and the content of Dr Amaral's book having had a deleterious effect on the search for Madeleine McCann. If so anything said about The McCanns friends will be hardly relevant. Dr Amaral is on trial for alleged defamation b****r all else.

I think you will find amaral said a lot more than that

Offline Mr Gray

Re: The McCann v Gonçalo Amaral libel trial as it happens.
« Reply #1754 on: February 23, 2014, 07:04:48 PM »
Stricto senso, Mrs Oldfield contacted a BBC journalist friend in the middle of the night.

The police had already been called