Author Topic: McCanns appeal to the European Court of Human Rights  (Read 530867 times)

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Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2355 on: October 02, 2018, 07:29:03 PM »
I love the idea of "res judicata" being a paraphrase. [no suitable emoji is available]

The question is... Did the McCanns lawyers use it... Do you have a cite... Or do you have a hat you could eat

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2356 on: October 02, 2018, 07:34:20 PM »
According to the McCann's lawyers an archiving under 277/1 equals a legally binding declaration of innocence. Not only that, it's res judicata (a case in which there has been a final judgment and is no longer subject to appeal). So the police and the prosecutors declared them innocent according to their lawyers.

Article 277 - Archiving of the investigation

1 - The Public Ministry shall, by dispatch, close the investigation, as soon as it has gathered sufficient evidence that the crime was not confirmed, that the arguido did not practice it in any way or that the procedure is legally inadmissible.....

As far as the appellants are aware of, the archiving at stake was carried out, in the course of the investigation, because sufficient proof had been gathered that the then arguidos did not commit any facts of a criminal relevance...

That is to say, therefore, that the filing order uttered according to article 277-1 of the CPP, after the deadline of article 278 (10) of the same legal compendium, is res judicata and is only subject to review according to the terms of articles 279 and 449-2 of the CPP.
http://www.gerrymccannsblogs.co.uk/Annulment_request.htm

I'm fairly sure you are quoting Anne Gueddes res judicata... Those words do not seem to appear on page, 7 in the Portuguese

Offline G-Unit

Re: McCanns appeal to the European Court of Human Rights
« Reply #2357 on: October 02, 2018, 08:20:34 PM »
Did the McCanns lawyers, actually use this term... Res judicata... Do you have a cite... Or was it another paraphrase by Anne

Page 7
forca de caso julgado
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Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2358 on: October 02, 2018, 08:28:45 PM »
Page 7
forca de caso julgado

So what is the translation of caso julgado... Are you sure your translation is accurate

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2359 on: October 02, 2018, 08:50:59 PM »
Page 7
forca de caso julgado

You have repeatedly quoted Res judicata.... But the McCanns lawyers never used the phrase

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2360 on: October 02, 2018, 09:05:03 PM »
I love the idea of "res judicata" being a paraphrase. [no suitable emoji is available]

Looks like you need to eat your hat

Offline Alice Purjorick

Re: McCanns appeal to the European Court of Human Rights
« Reply #2361 on: October 02, 2018, 09:10:00 PM »
Looks like you need to eat your hat

Why?
res judicata is Latin with a specific meaning at law.
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline Alice Purjorick

Re: McCanns appeal to the European Court of Human Rights
« Reply #2362 on: October 02, 2018, 09:13:04 PM »
The question is... Did the McCanns lawyers use it... Do you have a cite... Or do you have a hat you could eat
Show me where I said they did.

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

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2363 on: October 02, 2018, 09:14:35 PM »
Why?
res judicata is Latin with a specific meaning at law.

We know that..looks like McCanns lawyer never used the term and Anne gueddes used it as a paraphrase

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2364 on: October 02, 2018, 09:15:18 PM »
Show me where I said they did.

Show me where I said you did

Offline Alice Purjorick

Re: McCanns appeal to the European Court of Human Rights
« Reply #2365 on: October 02, 2018, 09:20:12 PM »
So what is the translation of caso julgado... Are you sure your translation is accurate

Plug it into Google translate and see what comes up.
"forca de caso julgado" = "res judicata"

Wait for it; wait for it.
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline Montclair

Re: McCanns appeal to the European Court of Human Rights
« Reply #2366 on: October 02, 2018, 10:09:44 PM »
The correct translation of res judicata is força de caso julgado which is the quality conferred to a judicial sentence against which there are no more appeals and cannot be changed and is indiscutable. This is the argument used by the McCanns that the archiving report had the "força de caso julgado" and which the Tribunal da Relação and the SC ruled against.

Offline G-Unit

Re: McCanns appeal to the European Court of Human Rights
« Reply #2367 on: October 02, 2018, 10:24:11 PM »
The correct translation of res judicata is força de caso julgado which is the quality conferred to a judicial sentence against which there are no more appeals and cannot be changed and is indiscutable. This is the argument used by the McCanns that the archiving report had the "força de caso julgado" and which the Tribunal da Relação and the SC ruled against.

They were quite clear in their rejection;

This is why it was judged in the ruling that it would not seem acceptable to consider that the order should be treated as a demonstration of acquittal.
http://www.gerrymccannsblogs.co.uk/STJ_21_03_2017_Rejected.htm
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 Alice Purjorick

Re: McCanns appeal to the European Court of Human Rights
« Reply #2368 on: October 02, 2018, 10:51:19 PM »
They were quite clear in their rejection;

This is why it was judged in the ruling that it would not seem acceptable to consider that the order should be treated as a demonstration of acquittal.
http://www.gerrymccannsblogs.co.uk/STJ_21_03_2017_Rejected.htm

"the appellants condemned at the expense of the incident which they gave rise to".
Interesting.
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline Mr Gray

Re: McCanns appeal to the European Court of Human Rights
« Reply #2369 on: October 03, 2018, 08:10:32 AM »
They were quite clear in their rejection;

This is why it was judged in the ruling that it would not seem acceptable to consider that the order should be treated as a demonstration of acquittal.
http://www.gerrymccannsblogs.co.uk/STJ_21_03_2017_Rejected.htm

It's an incidentalissue as they are entitled to the presumption of innocence... I don't see anywhere they regards it as proof of innocence