Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.

[G-Unit]

Thank you. I have read the forum for a few months now and delayed joining as it didn't seem the friendliest of places from the outside looking in. But I felt the need to join after the news about the appeal :)

Welcome Chloe. It's not an easy forum but it's unique in that it reflects different opinions. The news about the appeal was seen as good news by lots of people.

[mercury]

Welcome Chloe. Don't worry, its fairly well moderated so you wont get it descending to a twitter type  level. But if anyone bullies you, just hit the report button. The vast majority of peple on here are capable of being civil and following the rules most of the time.

[Alice Purjorick]

I really don't know where these judges were coming from their attitude seems remarkably archaic with no understanding at all of the importance of publicising of a missing child.

My interpretation of the part of the decision I have read so far is that it reveals a total misconception about what it was the McCanns were doing when they made themselves available for interview with the press.

Apparently the efforts they made to publicise their missing child negated their rights and was looked upon as them expressing an opinion.

Which tit for tat in the eyes of the judges meant … they were pushing their theory of abduction, therefore Goncalo Amaral was entitled to write a book to promote his.

The problem with courts and judges is that they "do" law. That is usually a difficult thing for the average punter to grasp. The punter always wants to muddy the waters with things he thinks are relevant but aren't in the context of the matter being tried.

[Alice Purjorick]

the  mcann supporters havent been very graceful in defeat have  they?

That's because they see it as a major victory for the McCanns/it was dodgy offside call by the ref/the judges don't understand Portuguese law.....................delete as applicable.
My favourite is "the Portuguese Judges do not understand Portuguese law"; kin priceless that one.

[slartibartfast]

That's because they see it as a major victory for the McCanns/it was dodgy offside call by the ref/the judges don't understand Portuguese law.....................delete as applicable.
My favourite is "the Portuguese Judges do not understand Portuguese law"; kin priceless that one.

I have yet to see one of them post a valid basis for an appeal that has not already been examined in the case so far. Name calling of people, organisations and countries doesn't count.

[misty]

That's because they see it as a major victory for the McCanns/it was dodgy offside call by the ref/the judges don't understand Portuguese law.....................delete as applicable.
My favourite is "the Portuguese Judges do not understand Portuguese law"; kin priceless that one.

Clearly they don't....how many times has one court overruled a decision taken by another court in the McCann trial alone?

[Alice Purjorick]

the supreme court  doesnt have to accept their appeal do they??

The appeal has to be on a point of law acceptable to the Supreme Court.

[Alice Purjorick]

Pigeon English :)

What?
You mean pidgin and its now non pc to say that it should be called Neo Melanesian 

[Alice Purjorick]

Clearly they don't....how many times has one court overruled a decision taken by another court in the McCann trial alone?

Not a lot different from any other judiciary system then ?
 

[misty]

What?
You mean pidgin and its now non pc to say that it should be called Neo Melanesian 

Read Stephen's post again. :)

[carlymichelle]

In the aftermath of their libel case defeat, the parents of missing Madeleine McCann are reported to be threatening people found selling the damning book "Truth of the Lie" that has been once again freed from censorship.

The UK’s Daily Mirror claims Kate and Gerry McCann “have warned anyone caught selling ex-police chief Gonzalo (sic) Amaral’s book in the UK would face legal action”.

But the story fails to address the fact that, right now, there is no legal basis for this tactic.

Amaral’s thesis will be returning to bookstores in Portugal next week as both he and his publishers Guerra e Paz have won the civil action lodged against them.

It is possible the McCann’s lawyers will argue that the appeal they claim to be lodging with Portugal’s Supreme Court could cover threats of legal action - but this is also debatable, say legal experts.

“The book is not held to be defamatory in any jurisdiction in the world”, said one - pointing out at the same time that an appeal to the Supreme Court in Portugal is equivalent to an appeal to the House of Lords in Great Britain.

“These courts only listen to cases involving important points of law, of general public importance”, he told us. “They are not interested in facts, nor minor squabbles - nor whether the Court of Appeal has made a good or bad decision.

“They are only interested if they have to clarify something which the substantive law has not made entirely clear”.

In other words, an appeal by the McCann’s to continue their action against former PJ coordinator Gonçalo Amaral “may not even be entertained”, said the source.

Be that as it may, the fallout from Tuesday’s decision is reverberating through the world’s media channels, particularly as Amaral has hit back almost immediately with the news that his lawyers will now be suing for compensation.

The bill “could run into the hundreds of thousands of euros”, writes the Mirror, explaining that Amaral is said to be suing for “years of financial losses in which his good name has been called into question”.

Negotiating with his publishers today, the former detective confirmed to the Resident that “what the McCanns are doing is illegal. I am in talks with my publishers for a book in the English language, as there is as yet no publisher in the UK, the USA, Australia, New Zealand - not even Amazon - that is selling it.

"The McCanns will learn to respect the right to opinion and freedom of expression”, he added - stressing that “any version” of Truth of the Lie in English that can be found on the Internet is also illegal, as neither he nor Guerra e Paz publishers have given their authorisation to translations.

natasha.donn@algarveresident.com

[Alice Purjorick]

Read Stephen's post again. :)

Jeez you are kidding.
I have been out to the theatre and logged in here for a laugh on my return and just waded through 10 pages of yesterdays rubbish you lot have cut and pasted into today while I have been out. Well that's what it looks like.

[carlymichelle]

Jeez you are kidding.
I have been out to the theatre and logged in here for a laugh on my return and just waded through 10 pages of yesterdays rubbish you lot have cut and pasted into today while I have been out. Well that's what it looks like.

 oops  im sorry i  reposted that article because it  explains portugese legal experts dont think the appeal will happen  me  bad

[misty]

Jeez you are kidding.
I have been out to the theatre and logged in here for a laugh on my return and just waded through 10 pages of yesterdays rubbish you lot have cut and pasted into today while I have been out. Well that's what it looks like.

See post #1013. (I have my helpful hat on)

[Brietta]

The problem with courts and judges is that they "do" law. That is usually a difficult thing for the average punter to grasp. The punter always wants to muddy the waters with things he thinks are relevant but aren't in the context of the matter being tried.

I've not had time to read through it and certainly have not studied it in any great depth.  I must admit that the couple of introductory paragraphs I have glanced at have stunned me somewhat. 

As you say ... "the problem with courts and judges is that they "do law" and that was exactly what I was expecting ... loads of 'legalese'.

That was exactly what I did not see.

Instead I found myself reading puerile drivel which looked as if it had been bussed in from a parallel universe.
For example ...

quote
As was stated in the decision, from this Section, concerning the appended injunction, the 1st appellant [Gonçalo Amaral], wanted, through this book – because the institution to which he was bound did not allow him to reply to attacks against his pride and honour, as a professional of the criminal investigation police – to expose his vision of the facts, and therefore the publication of said book has to be considered a legitimate exercise of the right to an opinion. end quote

The circumstances surrounding Madeleine McCann's disappearance ~ the conduct of which in almost any other jurisdiction would probably have been subject to an inquiry to find out what had gone wrong with the conduct of it ~ have become all about Goncalo Amaral's "pride and honour" which was allegedly under attack giving him the right to publicise his opinion.

A sudden image of duelling banjos flashed across my mind as I read. 

I am incredulous at the little I have read of the judgement.  I really didn't expect three learned judges to subscribe to thought processes of that type ... I cringe for them.

Onwards and upwards though ... maybe it will get better the more I read of it, but my introduction has been less than promising.  There must surely be points of law in there somewhere ~ I'll let you know if I find any.