McCanns appeal to the European Court of Human Rights

[Mr Gray]

It was a genuine question which you can't answer.

Stating your opinion as fact... Where's rob... I  certainly  could answer the question but choose not to derail the thread

[Venturi Swirl]

The SC said that in reply to the McCann's lawyer who claimed that they had been cleared. She was wrong.

OK, perhaps you can answer this.  In Portugal is it lawful to write a book claiming unlawful activities by another so long as that person has not been tried in a court of law and found not guilty?  For example, could Kate McCann write a book claiming Amaral was covering up for a paedophile ring operating on the Algarve, but because he has never been charged with this crime, he has never been cleared of it and therefore “fair comment”?

[barrier]

Stating your opinion as fact... Where's rob... I  certainly  could answer the question but choose not to derail the thread

Running to a mod is beneath you imo.

[Mr Gray]

Running to a mod is beneath you imo.

I'm not running to any mod as, I doubt rob would take any action

[barrier]

Hypothetical I know,but will and can the ECHR rule when there is still supposed to be a open and ongoing investigation.Is there a wider picture to be seen.

[Venturi Swirl]

Running to a mod is beneath you imo.

I must remember that line next time snowflakes on here start whingeing at my fat fingered spelling mistakes.... 

[barrier]

@davel,you say you have studied many a case at the ECHR,did any of them involve a still ongoing criminal investigation?

[Venturi Swirl]

@davel,you say you have studied many a case at the ECHR,did any of them involve a still ongoing criminal investigation?

The case has zilch to do with the ongoing criminal investigation. 

[G-Unit]

The presumption of innocence applies to those suspected of a crime not just those charged ...amaral implied the mccanns were guilty if a crime... He claimed he could prove Maddie died in the apartment and the death was covered up... The SC supported his right to say that... Defamation.. Denial of the right to presumption of inocence... It couldn't be any clearer

The SC judges don't retry cases, they hear appeals. In this case the McCanns were appealing against the decision of the Appeal Court. The purpose of the evidence presented by their lawyer was to persuade the SC judges that the Appeal Court judges were wrong. It was that evidence that the SC judges examined and rejected. 

[jassi]

Quite right, it's against the state of Portugal, or at least it will be if it gets to that stage in the proceedings.

[barrier]

@davel,you say you have studied many a case at the ECHR,did any of them involve a still ongoing criminal investigation?

The case has zilch to do with the ongoing criminal investigation.

Are you and davel one and the same,before you jump in with anyone can answer,the question is specific to Davel because he is the one who says he's studied some cases.

[Mr Gray]

The SC judges don't retry cases, they hear appeals. In this case the McCanns were appealing against the decision of the Appeal Court. The purpose of the evidence presented by their lawyer was to persuade the SC judges that the Appeal Court judges were wrong. It was that evidence that the SC judges examined and rejected.

You need to look at sone of the cases I have provided the link to..
Defamation... Was the SC correct to give more wieght to amarals right under article 10 than the mccanns rights under 8... To reach that decision the, ECHR Wil look at the validity if the claims made by amaral.....

The SC reached their judgement... The ECHR will look at the judgement abd decide if they think amaral had the right to make those claims... Looking at previous judgements... I don't think he has

[G-Unit]

OK, perhaps you can answer this.  In Portugal is it lawful to write a book claiming unlawful activities by another so long as that person has not been tried in a court of law and found not guilty?  For example, could Kate McCann write a book claiming Amaral was covering up for a paedophile ring operating on the Algarve, but because he has never been charged with this crime, he has never been cleared of it and therefore “fair comment”?

Did the McCann's lawyer make that point? If she didn't the courts wouldn't address it. They only consider the evidence which is presented.

[Mr Gray]

@davel,you say you have studied many a case at the ECHR,did any of them involve a still ongoing criminal investigation?

What relavence diesvthe ongoing case have do you think

[Mr Gray]

Did the McCann's lawyer make that point? If she didn't the courts wouldn't address it. They only consider the evidence which is presented.

And that's why the mccanns lawyers raised the presumption of innocence in the appeal to the SC