Author Topic: McCanns appeal to the European Court of Human Rights  (Read 535141 times)

0 Members and 5 Guests are viewing this topic.

Offline slartibartfast

Re: McCanns appeal to the European Court of Human Rights
« Reply #1740 on: June 22, 2018, 09:05:21 PM »
The point I find interesting is Duarte based part of her case on 277/1... Then the SC...say.. 277/1 was a mistake... How fair is that

Makes you wonder if she read the judgement.
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #1741 on: June 22, 2018, 09:08:16 PM »
Makes you wonder if she read the judgement.

It seems the AG didn't understand... If what the SC have said is correct... It's basically who in the Portuguese justice system is wrong... Then we have the fact that the case, was re-opened contrary to the law if the SC is to be believed

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #1742 on: June 22, 2018, 09:09:30 PM »
Hopefully the ECHR will sort this mess out

Offline Carana

Re: McCanns appeal to the European Court of Human Rights
« Reply #1743 on: June 22, 2018, 09:28:54 PM »
It seems the AG didn't understand... If what the SC have said is correct... It's basically who in the Portuguese justice system is wrong... Then we have the fact that the case, was re-opened contrary to the law if the SC is to be believed

The Public Prosecutor and his deputy signed it, not actually the AG.

Offline Carana

Re: McCanns appeal to the European Court of Human Rights
« Reply #1744 on: June 22, 2018, 09:31:28 PM »
The point I find interesting is Duarte based part of her case on 277/1... Then the SC...say.. 277/1 was a mistake... How fair is that

That was what I was interested in x pages back.

Offline Alice Purjorick

Re: McCanns appeal to the European Court of Human Rights
« Reply #1745 on: June 22, 2018, 09:58:30 PM »
Makes you wonder if she read the judgement.

Oh! I am sure she did.
I hold Dra Duarte in quite high regard.
The clue is the way a solicitors invoice is constructed:-

To Taking Your Instructions........etc.
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline G-Unit

Re: McCanns appeal to the European Court of Human Rights
« Reply #1746 on: June 22, 2018, 10:13:43 PM »
That was what I was interested in x pages back.

I can't find it now, but I remember reading a quote from Murat's lawyer about the archiving of the investigation. Asked if they were pleased his reply was they would wait and see under what conditions it was archived first. That remark makes more sense now. Obviously he would want 277/1 for his client. As the prosecutor mentioned no doubts about Murat, 277/1 was probably correct for him.

The question is, could a case be archived under two different Articles? Even if it could there would have been a huge fuss imo when people realised why the prosecutor had reached different conclusions about the arguidos. Just a thought.
Read and abide by the forum rules.
Result = happy posting.
Ignore and break the rules
Result = edits, deletions and unhappiness
http://miscarriageofjustice.co/index.php?board=2.0

Offline misty

Re: McCanns appeal to the European Court of Human Rights
« Reply #1747 on: June 23, 2018, 12:41:40 AM »
I can't find it now, but I remember reading a quote from Murat's lawyer about the archiving of the investigation. Asked if they were pleased his reply was they would wait and see under what conditions it was archived first. That remark makes more sense now. Obviously he would want 277/1 for his client. As the prosecutor mentioned no doubts about Murat, 277/1 was probably correct for him.

The question is, could a case be archived under two different Articles? Even if it could there would have been a huge fuss imo when people realised why the prosecutor had reached different conclusions about the arguidos. Just a thought.

Was there no evidence or insufficient evidence that Murat had been involved in a crime against Madeleine? In any event, the defamation case he brought against CdM was (correctly) judged without reference to the veracity of the evidence contained in the PJ files against him & repeated by the press.

Offline faithlilly

Re: McCanns appeal to the European Court of Human Rights
« Reply #1748 on: June 23, 2018, 12:45:04 AM »
Was there no evidence or insufficient evidence that Murat had been involved in a crime against Madeleine? In any event, the defamation case he brought against CdM was (correctly) judged without reference to the veracity of the evidence contained in the PJ files against him & repeated by the press.

As were the the cases the McCanns brought against the Express.
Brietta posted on 10/04/2022 “But whether or not that is the reason behind the delay I am certain that Brueckner's trial is going to take place.”

Let’s count the months, shall we?

Offline misty

Re: McCanns appeal to the European Court of Human Rights
« Reply #1749 on: June 23, 2018, 01:06:13 AM »
As were the the cases the McCanns brought against the Express.

That case was not dealt with under Portuguese law.

Offline Brietta

Re: McCanns appeal to the European Court of Human Rights
« Reply #1750 on: June 23, 2018, 01:06:20 AM »
As were the the cases the McCanns brought against the Express.

Papers paying damages to McCanns
Page last updated at 10:37 GMT, Wednesday, 19 March 2008
The McCanns will receive a public apology, read in open court

A newspaper group is paying £550,000 to the parents of Madeleine McCann after it settled a libel case over reports of her disappearance.

Express Newspapers' titles, including the Daily Express, Daily Star and Sunday Express, are also printing front-page apologies.

They say they were wrong to suggest the couple, of Rothley, Leicestershire, were responsible for Madeleine's death.

The McCanns say the money will go to the Find Madeleine campaign.
In a statement read out on behalf of the McCanns at the High Court on Wednesday, they said they were pleased that Express Newspapers had admitted the "utter falsity" of the numerous stories written about them over many months.

Their spokesman, Clarence Mitchell, added that the allegations had caused them "great distress".

'Wholehearted apology'

It is understood that the sum donated to the campaign doubles the amount left in the fund.

Madeleine disappeared, days before her fourth birthday, during a family holiday in the resort of Praia da Luz, in the Algarve, on 3 May last year.

Her parents, Kate and Gerry, have been named as suspects in the case by Portuguese police but have always denied any involvement.

The settlement was confirmed at a High Court hearing, although the amount of damages was not formally disclosed.

It came after Wednesday's editions of the Daily Express and Daily Star both carried front-page apologies under the headline, "Kate and Gerry McCann: Sorry".

The Express said it accepted that a "number of articles in the newspaper have suggested that the couple caused the death of their missing daughter Madeleine and then covered it up".

It also acknowledged there was "no evidence whatsoever" to support that theory.

The paper added that Mr and Mrs McCann are "completely innocent of any involvement in their daughter's disappearance".

A similarly worded statement appeared in the Daily Star.

The Star said it was making a "wholehearted apology to Kate and Gerry McCann for stories suggesting the couple were responsible for, or may be responsible for, the death of their daughter Madeleine and for covering it up".

Further apologies are expected in the publications' sister Sunday titles at the weekend.

The libel action related to more than 100 stories across the four titles, including 42 printed in the Daily Express.

All four titles are published by the Express Newspapers group, which has agreed to all the McCanns' requests. It is also paying all their costs.

A spokesman for the company said: "We have nothing to add to what will be said in court and in our titles."

The McCanns' lawyers said that some of the newspapers' articles were "grossly defamatory".

'Trust and credibility'

Richard Bilton, BBC News special correspondent, said one of the couple's representatives had said the response of the newspaper group was "much more responsible than they were perhaps initially with these articles".

Media commentator Roy Greenslade said that for two national newspapers to carry front-page apologies at the same time was "unprecedented".

"I think this is an amazing stand-down, U-turn, by the Express newspapers," he said.

"I think when people realise that more than 100 stories have been complained about as being grossly defamatory, it will annihilate the Express' readers sense of trust and credibility in their newspaper."

Media lawyer Paul Gilbert, from Finers Stephens Innocent, said the courts encourage early settlement of defamation cases.

"Clearly the Express' lawyers felt this was a case they should settle without a high-profile trial - which it would be - and as a result have saved considerable costs," he said.

"It certainly is a warning sign to newspapers in the future - if they're going to speculate, they've got to be very careful about what they speculate about."

http://news.bbc.co.uk/1/hi/uk/7303801.stm
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline faithlilly

Re: McCanns appeal to the European Court of Human Rights
« Reply #1751 on: June 23, 2018, 01:10:06 AM »
Papers paying damages to McCanns
Page last updated at 10:37 GMT, Wednesday, 19 March 2008
The McCanns will receive a public apology, read in open court

A newspaper group is paying £550,000 to the parents of Madeleine McCann after it settled a libel case over reports of her disappearance.

Express Newspapers' titles, including the Daily Express, Daily Star and Sunday Express, are also printing front-page apologies.

They say they were wrong to suggest the couple, of Rothley, Leicestershire, were responsible for Madeleine's death.

The McCanns say the money will go to the Find Madeleine campaign.
In a statement read out on behalf of the McCanns at the High Court on Wednesday, they said they were pleased that Express Newspapers had admitted the "utter falsity" of the numerous stories written about them over many months.

Their spokesman, Clarence Mitchell, added that the allegations had caused them "great distress".

'Wholehearted apology'

It is understood that the sum donated to the campaign doubles the amount left in the fund.

Madeleine disappeared, days before her fourth birthday, during a family holiday in the resort of Praia da Luz, in the Algarve, on 3 May last year.

Her parents, Kate and Gerry, have been named as suspects in the case by Portuguese police but have always denied any involvement.

The settlement was confirmed at a High Court hearing, although the amount of damages was not formally disclosed.

It came after Wednesday's editions of the Daily Express and Daily Star both carried front-page apologies under the headline, "Kate and Gerry McCann: Sorry".

The Express said it accepted that a "number of articles in the newspaper have suggested that the couple caused the death of their missing daughter Madeleine and then covered it up".

It also acknowledged there was "no evidence whatsoever" to support that theory.

The paper added that Mr and Mrs McCann are "completely innocent of any involvement in their daughter's disappearance".

A similarly worded statement appeared in the Daily Star.

The Star said it was making a "wholehearted apology to Kate and Gerry McCann for stories suggesting the couple were responsible for, or may be responsible for, the death of their daughter Madeleine and for covering it up".

Further apologies are expected in the publications' sister Sunday titles at the weekend.

The libel action related to more than 100 stories across the four titles, including 42 printed in the Daily Express.

All four titles are published by the Express Newspapers group, which has agreed to all the McCanns' requests. It is also paying all their costs.

A spokesman for the company said: "We have nothing to add to what will be said in court and in our titles."

The McCanns' lawyers said that some of the newspapers' articles were "grossly defamatory".

'Trust and credibility'

Richard Bilton, BBC News special correspondent, said one of the couple's representatives had said the response of the newspaper group was "much more responsible than they were perhaps initially with these articles".

Media commentator Roy Greenslade said that for two national newspapers to carry front-page apologies at the same time was "unprecedented".

"I think this is an amazing stand-down, U-turn, by the Express newspapers," he said.

"I think when people realise that more than 100 stories have been complained about as being grossly defamatory, it will annihilate the Express' readers sense of trust and credibility in their newspaper."

Media lawyer Paul Gilbert, from Finers Stephens Innocent, said the courts encourage early settlement of defamation cases.

"Clearly the Express' lawyers felt this was a case they should settle without a high-profile trial - which it would be - and as a result have saved considerable costs," he said.

"It certainly is a warning sign to newspapers in the future - if they're going to speculate, they've got to be very careful about what they speculate about."

http://news.bbc.co.uk/1/hi/uk/7303801.stm

I wonder what would have happened if the case had lead to charges instead of being archived ?
Brietta posted on 10/04/2022 “But whether or not that is the reason behind the delay I am certain that Brueckner's trial is going to take place.”

Let’s count the months, shall we?

Offline misty

Re: McCanns appeal to the European Court of Human Rights
« Reply #1752 on: June 23, 2018, 01:15:51 AM »
I wonder what would have happened if the case had lead to charges instead of being archived ?

Probably the same as this.
https://www.theguardian.com/sport/2013/aug/25/lance-armstrong-settles-sunday-times

Offline barrier

Re: McCanns appeal to the European Court of Human Rights
« Reply #1753 on: June 23, 2018, 06:10:23 AM »
I wonder what would have happened if the case had lead to charges instead of being archived ?
Google J Archer pays back libel award.
This is my own private domicile and I shall not be harassed, biatch:Jesse Pinkman Character.

Offline G-Unit

Re: McCanns appeal to the European Court of Human Rights
« Reply #1754 on: June 23, 2018, 08:38:52 AM »
Was there no evidence or insufficient evidence that Murat had been involved in a crime against Madeleine? In any event, the defamation case he brought against CdM was (correctly) judged without reference to the veracity of the evidence contained in the PJ files against him & repeated by the press.

I don't know because the prosecutor used the words 'there are no indications of having committed any crime' for all three arguidos. I don't know what is meant by indication in Portuguese. I know it's not evidence (evidencia) or proof (prova).

To fulfil the requirements of 277/1 it was necessary for the prosecutor to be satisfied that there was sufficient evidence that the arguidos didn't commit the crime. He doesn't say that.

Read and abide by the forum rules.
Result = happy posting.
Ignore and break the rules
Result = edits, deletions and unhappiness
http://miscarriageofjustice.co/index.php?board=2.0