Very glad you raised that point.
So the judge in the first instance says they are not there to establish facts...thats FACTS...so admits no establishment of facts...and the ECHR state the book has a factual bias...cant you see that makes no sense
The judge actually used the word 'truth', that's TRUTH, not facts. Perhaps this post will help you to understand;
Another example of how failure to read correctly leads people down blind alleys. Elsewhere on the internet there is much kerfuffle over the "Proved Facts" included in the judgement.
Much is being made of phases such as:
"Dogs of the British police "Eddie" and "Keela" detected brands odor of human blood and body in apartment 5a of the Ocean Club [point AR) of undisputed]. 7.Dogs of the British police "Eddie" and "Keela" detected odors of human blood and body in a vehicle rented by the authors Kate McCann and Gerald McCann after the disappearance of Madeleine"
"The minor Madeleine McCann died in the apartment 5A of the Ocean Club resort, on the night of May 3rd of 2007"
" Kate McCann and Gerald McCann are involved in the occultation of the cadaver of their child Madeleine McCann"
"From what was obtained until now, everything points out that the McCann, as self-defence, didn't want to deliver immediately and voluntarily the cadaver, existing a strong possibility that the same was transported from the initial place of deposition. This situation is susceptible to raise questions about the circumstances under which the death of the minor occurred."
A more nuanced reading shows that these are not "Proven Facts" in themselves, but the "Proven Fact" is that these statements were made in the previous reports rather than it was a proven fact that they were true. The court accepts that it is a fact that these statements occurin legal documents. Amaral needed this to claim that his book was based on what someone else had written.
So we will have another myth growing up that the Judge in this case accepted that Eddie and Keela reacted, that the McCanns hid the body, yet still found against the McCanns, when all the judge has found is that those statements occurred in another document.I suspect the post mortem examination on this will go on for days or weeks and become an established factoid.
http://miscarriageofjustice.co/index.php?topic=6257.msg236094#msg236094It did indeed become an established factoid, with those who misunderstood what the judge was doing still clinging to it like superglue.