The McCann v Gonçalo Amaral libel trial as it happens.

[Eleanor]

It raises an important point as to whether Mr Amaral's rights have been infringed by the McCanns when they make the claims they do against him?  The longer this goes on the more bizarre it becomes imo.

I wouldn't have thought so.  This is a Court of Law.  The McCanns have a legal right make their claim, and Amaral has a  legal right to question that claim.

The person in the middle in the shape of a Judge is the one who will decide for one or other.  Plus of course, the extent and amount of compensation, if any.
That might be the difficult bit.

[Mr Moderator]

@Admin
Can you apply for court transcripts from Portuguese courts?

It may have been the Judge 'guestured' for him to be quiet as in a hand movement perhaps?

She certainly didn't let him have his own way.


Anyway, It was good to know that this was NOT a criminal trial and Team McC's were not running the 'show'!

No doubt the scribe is Portuguese and the interpreters remarks in English are not being recorded.  As for official trial transcripts they might be available to purchase after the trial. I was assured the interpreter mouthed the words "be quiet" in the confusion but it appears to have been lost in translation.

[Carana]

Suppose, hypothetically, that Amaral had accused the McCanns of boiling new-born babies alive in some sort of Satanic ritual.

If the allegation is true, then the McCanns are monsters and should be locked up.  Amaral would not have libelled them by making the claim.

But if the allegation is untrue then Amaral has libelled them and there should be a legal judgment against Amaral for libel.

In all countries (that have libel laws) questions of truth or untruth matter (to arrive at a judgment that libel, either has been committed, or has not).

To claim that truth or untruth doesn't matter is plain barking.

Truth or untruth doesn't seem to be what this case is about, though. It seems to concern whether whatever was alleged has caused damage to the family's rights (to finding Madeleine, to the McCanns against whom there is no evidence of a crime perpetrated by them, to the twins having to deal with accusations against their parents and the assertion that their sister is dead).

[Carana]

It raises an important point as to whether Mr Amaral's rights have been infringed by the McCanns when they make the claims they do against him?  The longer this goes on the more bizarre it becomes imo.

He was the one who made claims against them. The McCanns can't apparently challenge the contents of those claims as they would be able to do in a UK court.

How can defending yourself against unsubstantiated claims be considered damaging to the person alleging them in the first place?

It wouldn't really surprise me if he launched a libel trial against the McCanns because they objected to those unproven allegations thus adding to his disrepute. It would, after all, allow him - presumably remunerated - media interviews.

[Carana]

I wouldn't have thought so.  This is a Court of Law.  The McCanns have a legal right make their claim, and Amaral has a  legal right to question that claim.

The person in the middle in the shape of a Judge is the one who will decide for one or other.  Plus of course, the extent and amount of compensation, if any.
That might be the difficult bit.

Yes, I agree. Punitive damages don't seem to exist in PT. I'm not sure what legal precedence exists in civil libel trials in PT concerning moral damage (if ever that is accepted). Murat didn't get much and even then only on appeal.

[ferryman]

But it has to be established in a court of Law that Goncalo amaral has actually done this.

I think, maybe, the judge is taking it as a 'given' that Amaral has.

The question, now, is to determine what impact those (proven untrue!) allegations have had on the McCanns.

For a book sold in vast numbers and a video seen by hundreds of thousands or millions, quite considerable, I would have thought ...

[ferryman]

Truth or untruth doesn't seem to be what this case is about, though. It seems to concern whether whatever was alleged has caused damage to the family's rights (to finding Madeleine, to the McCanns against whom there is no evidence of a crime perpetrated by them, to the twins having to deal with accusations against their parents and the assertion that their sister is dead).

I certainly agree that this action is inextricably linked to damage against the family's rights and (indeed) Madeleine's rights.

But you can't separate those from matters of truth.

Put another way, if all Amaral alleges is true, then the McCanns have no rights to defend.

They should be in rotting in a Portuguese jail, serving time for grievous sins and iniquities perpetrated against their daughter, and for a fraudulent fund set up in their daughter's name.

In that sense, matters of truth (or untruth) and what happened to Madeleine are inseparable.

[Mr Gray]

When interrupting Gerry McCann after his claim that the dogs never alerted to any blood in the car and they never alerted to cadaver odour the honourable judge counselled that we are not here to ascertain that as that is the job for the forensic experts, our perspective here in this court is to analyse your claim.
 
She added that we are not here to prove if the contents of the book are truthful or not. Here we are only trying to establish if the freedom of expression of the defendants has affected the rights of the claimants. This court cannot be a substitute for the criminal investigation.

Has this not already been determined by the Appeal Court following the reversal of the book injunction?

unless the judge has been asleep for the last 12 months..obviously not

[Eleanor]

I think, maybe, the judge is taking it as a 'given' that Amaral has.

The question, now, is to determine what impact those (proven untrue!) allegations have had on the McCanns.

For a book sold in vast numbers and a video seen by hundreds of thousands or millions, quite considerable, I would have thought ...

I would be inclined to agree, although I am not sure if the allegations are proven untrue at this stage, or even if that matters in Portugal.

[jassi]

I think you are inadvertently muddying the waters..the family have the right to  a good name....amaral has damaged that ...that's libel....there are other points too but I fail to see how anyone can not see that amaral has defamed the mccanns

Is that not what the judge is required to determine?

[ferryman]

I think you are inadvertently muddying the waters..the family have the right to  a good name....amaral has damaged that ...that's libel....there are other points too but I fail to see how anyone can not see that amaral has defamed the mccanns

I agree with Dave.

If what Amaral claims is true, then damage to the reputation of the McCanns is irrelevant.

Amaral is guaranteed by the Portuguese constitution and Portuguese law the right to say literally anything he likes against the McCanns that is true!

And whilst we may differ about where burden of proof lies in establishing what is true or untrue, I think we should all agree that anything proved untrue that lowers reputation is libel.

Anything true, or (legally) assumed true that lowers reputation is not actionable.

That last point pertains as much in English law as in Portuguese ...

[Carana]

I think you are inadvertently muddying the waters..the family have the right to  a good name....amaral has damaged that ...that's libel....there are other points too but I fail to see how anyone can not see that amaral has defamed the mccanns

I find it appalling that anyone can feel free to make such accusations against anyone else without any proof. However, that doesn't seem to be how PT civil law works for the moment. Precedence in this type of civi case seems scarce.

[slartibartfast]

Interesting item from GA Facebook page...

Gonçalo De Sousa Amaral shared a link.
35 minutes ago
Upon reading the news about the most recent trial session, I am certain that the vast majority of journalists don’t know what is being discussed in court, and have not reported correctly.

Let us be clear. What is at stake is to find out:

- Whether the writing of my book “Maddie: A Verdade da Mentira” was a lawful or unlawful action;

- Whether or not the plaintiffs have suffered damages and whether or not there are facts to prove it;

- Whether or not it is possible to establish a causal nexus between the book and such damages.

This is what is at stake.

Concerning the book’s lawfulness, I suggest to anyone who has doubts to read the Lisbon Appellate Court’s decision within the injunction that preceded the current action. The truth is that for the Appellate Court’s Illustrious Judges, as can be concluded from that decision, the lawfulness of the book’s publication is indisputable.

With proof of the lawfulness of the book, the matter should rest here, without the need to investigateanything further, namely concerning the damages that the plaintiffs complain about.

Nonetheless, we should note that even if the lawfulness may still be at stake, there is still the need to establish a causal nexus between the publication and the damages that the plaintiffs complain about, such as deep depression, social isolation, etc. And, of course, to prove that said damages, no matter where they originate from, really exist.

Concerning the social part, it seems obvious to me, if we pay attention to the countless social events that the plaintiffs have participated in, including speeches at the British Parliament, interviews on television shows like Oprah Winfrey’s, gala dinners with illustrious personalities, namely British, among others, that said social isolation is totally false.

Concerning the depressions, although they are in no way proved within the case, in my opinion, in fact it would be very strange if they didn’t exist. The disappearance of a daughter, whether she is dead or alive, whether or not she was abducted, has to originate enormous consequences of that kind. How strange would it be if that wasn’t the case! But about this issue I won’t say anything further, given that the plaintiffs seem to attribute to me and my book all of their pain, as if said disappearance, followed by theirarguido status and other circumstances that surround the case, were of no importance, or weren’t more than enough!

Unfortunately, due to clearly dilatory manoeuvres from the plaintiffs, that have once more forced a postponement of the hearing, I am afraid that the trial will drag on – as they clearly wish -, and we won’t have a sentence soon, as I wish would happen, and as I long for. Furthermore, the judicial holidays have already started and, as the Illustrious Judge explained, with the new judiciary organisation coming into force on the 1st of September, the process’ slowness will be considerably increased.

However, my trust in Portuguese justice remains steadfast.

All that is left for me is to recognise and thank you for all the support that I have received, from all those that believe in justice and in truth, without which it would have been impossible for me to fight this lawsuit. Or to lead me to ponder, as I do, to file a lawsuit against the McCann couple and others, in order to be compensated for the enormous damages that they have caused me already, on all levels, such as moral, professional and financial.

The time to judicially react to all those who have put my privacy, my intimacy, my freedom of expression and opinion, and my survival conditions at stake is approaching.

They have tried to assassinate me civilly, but due to the support and solidarity of all of you, they were not successful.

Thank you very much,

Lisboa July 21st, 2014

Gonçalo Amaral

[Mr Moderator]

The discussion which followed Amaral's post on Facebook can be viewed here >>

www.miscarriageofjustice.co/index.php?topic=4863.msg174417#msg174417

[Alfred R Jones]

Former Madeleine McCann police chief ‘earned hundreds of thousands from writing distortions and conspiracy theories’ in book about case
Ex officer 'earned £344k' from book and TV show about the Madeleine case
Goncalo Amaral, 56, wrote 'lies' about the case, a Lisbon court heard
McCanns are suing Mr Amaral for £1m over his book The Truth Of The Lie

By Tom Worden for MailOnline

Published: 17:25, 10 December 2014  | Updated: 18:23, 10 December 2014 




 

The ex-police officer who bungled the Madeleine McCann investigation made a fortune by spinning a web of lies about the case, a court heard today.

Goncalo Amaral, 56, earned at least £344,000 from his book and TV documentary about Madeleine's disappearance, it was said.

Amaral wrote 'distortions', 'fallacies', 'supposition' and 'a web of conspiracy theories' about the investigation, a libel trial in Lisbon was told.



Goncalo Amaral (pictured), 56, earned at least £344,000 from his book (pictured) and TV documentary about Madeleine's disappearance, it was said
 








Goncalo Amaral (pictured), 56, earned at least £344,000 from his book (pictured) and TV documentary about Madeleine's disappearance, it was said

Ricardo Correia Afonso, representing Kate and Gerry McCann, told the court: 'What he published distorted the facts, and as a result the parents were judged and sentenced by public opinion.

'His book is written like a novel and that's exactly what it is. The book and the DVD were produced to convince whoever saw or read them that the parents are guilty.'






Mr Correia Afonso said the ex-detective made £270,000 from sales of his book in Portugal and £18,000 from sales abroad.

He earned £26,000 from the broadcasting of the documentary, watched by 2.2m viewers in April 2009, and another £28,000 from sales of a DVD.

The book is still on sale in some Portuguese bookshops despite being out of print, he said.

And Mr Amaral has continued to publicly repeat the central claims in the book - that Madeleine died in the family's rented holiday apartment in the Algarve in May 2007 and that her parents covered up her death.

The former head of the Madeleine investigation gave an interview in June this year in which he 'had no problem stating that the parents of the child are the only guilty parties', the lawyer said.

Mr Amaral even told a Portuguese newspaper a theory that Madeleine had been buried in a coffin alongside a dead women in a church in the resort of Praia da Luz, the court was told.

Mr Amaral's discredited theories on Madeleine's disappearance have been widely repeated in newspapers in Portugal and around the world including Brazil and Spain, he said.


Mr Amaral told a Portuguese newspaper a theory that Madeleine (pictured) had been buried in a coffin alongside a dead women in a church in the resort of Praia da Luz, the court was told

He was thrown off the investigation in 2007 after criticising British police officers involved in the search for Madeleine.

In July the McCanns, both 46-year-old doctors from Rothley, Leicsestershire, told the court at the Palace of Justice in Lisbon that they had been 'devastated and crushed' by the book about their daughter, who was days short of her fourth birthday when she disappeared.

But Miguel Cruz Rodrigues, for Mr Amaral, said the McCanns were suing 'to rid themselves of guilt for their negligent conduct and their conduct in relation to the investigation.

He added: 'There was a lack of cooperation with the police authorities.

'That lack of cooperation led to the archiving of the investigation.'

Responding to claims the book had caused the McCanns insomnia, lack of appetite and depression, he said: 'The crux of this case is these were not caused by Goncalo Amaral's book, but rather they were caused by the fact the McCanns will feel guilty all their lives for not looking after their children.'

Fatima de Oliveira Esteves, representing publisher Guerra e Paz, admitted that Mr Amaral 'appeared to have invented' much of the book.

But she added: 'The fact is those children were left alone and because of that fact one of them disappeared.

'Anxiety and depression were caused by the disappearance of the child, not because of the book.'

And Miguel Coroadinha, representing TVI, which broadcast the documentary, said the McCanns 'want us to hear only a single version of the facts, which is their version'.

He added: 'Freedom of expression and thought is one of our fundamental rights.'

Judge Maria de Melo e Castro said the court will convene on January 21 to discuss which facts have been proved. She is expected to defer judgment until February.


Read more: http://www.dailymail.co.uk/news/article-2868798/Former-Madeleine-McCann-police-chief-earned-hundreds-thousands-writing-distortions-conspiracy-theories-book-case.html#ixzz3LWZ7Ztkt
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