Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.

[Admin]

Therefore it is recognised that in the event of the failure of Mr Amaral's appeal ... there was a contingency plan in place for him to take his case to the Supreme Court.

Some Amaral supporters have derided the McCann option to take the same avenue of appeal ... wonder why the difference in attitude to the right of one party and the same right of the other?

The Supreme Court will only consider points of law so unless they have changed their minds recently I cannot see them entertaing this case any further.

[mercury]

Agreed. However if a hypothetically a lawyer advises them that an appeal is unlikely to succeed, then the optimum action is presumably to not make the appeal. Anyway we should know in about 20 days? The PJGA site has said they will keep people updated
"We will endeavour to keep you informed as and when we receive further information regarding the re-appeal"
http://pjga.blogspot.co.uk/

Fantastic, thank you

[Brietta]

Agreed. However if a hypothetically a lawyer advises them that an appeal is unlikely to succeed, then the optimum action is presumably to not make the appeal. Anyway we should know in about 20 days? The PJGA site has said they will keep people updated
"We will endeavour to keep you informed as and when we receive further information regarding the re-appeal"
http://pjga.blogspot.co.uk/

I disagree.

If the appeal is allowed they should proceed.

If the appeal fails and they are advised they have grounds to proceed to the ECHR they should proceed.

Mr Amaral may have the right to express his opinion but the McCanns have the right not to be traduced by him when he exercises his freedom of expression.

I think his behaviour since winning the last round of the case against him has been ill considered and immature ... and also premature.

[Brietta]

The Supreme Court will only consider points of law so unless they have changed their minds recently I cannot see them entertaing this case any further.

One consideration for the supreme court might be the inadvisability of the appeal court judge who had already ruled against the McCanns in the same case, not to have stood aside when considering Mr Amaral's appeal against the ruling of the lower court.

I think it would cut direct to the chase were the Portuguese supreme court to refuse leave to appeal. 

It would undoubtedly speed up an approach to the ECHR. 
Where I very much doubt they would be denied the opportunity to present a case against the Portuguese State which I think they would have a very good chance of winning.

 

[Admin]

Recent statistics with respect to Portugal and the ECHR.


The Court dealt with 189 applications concerning Portugal in 2015, of which 169 were declared inadmissible or struck out. It delivered 20 judgments (concerning 20 applications), of which 16 found at least one violation of the European Convention on Human Rights.

http://www.echr.coe.int/Documents/CP_Portugal_ENG.pdf

[Brietta]

Recent statistics with respect to Portugal and the ECHR.


The Court dealt with 189 applications concerning Portugal in 2015, of which 169 were declared inadmissible or struck out. It delivered 20 judgments (concerning 20 applications), of which 16 found at least one violation of the European Convention on Human Rights.

http://www.echr.coe.int/Documents/CP_Portugal_ENG.pdf

Thanks, Admin.  A quick scroll down reveals that libel cases figure, I didn't expect that ... will make for interesting reading. Tomorrow though ~ (today actually).

[slartibartfast]

One consideration for the supreme court might be the inadvisability of the appeal court judge who had already ruled against the McCanns in the same case, not to have stood aside when considering Mr Amaral's appeal against the ruling of the lower court.

I can just see a ne'er do well up before a magistrate saying you can't try me, you fined me last month.

[stephen25000]

One consideration for the supreme court might be the inadvisability of the appeal court judge who had already ruled against the McCanns in the same case, not to have stood aside when considering Mr Amaral's appeal against the ruling of the lower court.

I think it would cut direct to the chase were the Portuguese supreme court to refuse leave to appeal. 

It would undoubtedly speed up an approach to the ECHR. 
Where I very much doubt they would be denied the opportunity to present a case against the Portuguese State which I think they would have a very good chance of winning.

That won't wash.

The mccanns delayed court proceedings because of their objection to one of the judges, who simply followed Portuguese Law.

The Mccanns have made enemies through their arrogance and self-righteousness, and they have learned the hard way, it doesn't pay, metaphorically or otherwise to mess with the law.

[Montclair]

That won't wash.

The mccanns delayed court proceedings because of their objection to one of the judges, who simply followed Portuguese Law.

The Mccanns have made enemies through their arrogance and self-righteousness, and they have learned the hard way, it doesn't pay, metaphorically or otherwise to mess with the law.

The McCanns made a formal complaint about the judge's nomination and it was not accepted. They appealed and their appeal was rejected. They went through the proper legal channels and failed. Ponto final.

[stephen25000]

The McCanns made a formal complaint about the judge's nomination and it was not accepted. They appealed and their appeal was rejected. They went through the proper legal channels and failed. Ponto final.

Thank you for the information Montclair.

[Angelo222]

The McCanns made a formal complaint about the judge's nomination and it was not accepted. They appealed and their appeal was rejected. They went through the proper legal channels and failed. Ponto final.

Meanwhile Isabel Duarte earns another tidy bundle.

[Mr Gray]

Meanwhile Isabel Duarte earns another tidy bundle.

If you read the book...which it appears many posters here have not...you will see the Mccanns had no choice but to sue

[pathfinder73]

If you read the book...which it appears many posters here have not...you will see the Mccanns had no choice but to sue

Q – Your English lawyers already have a translated copy and they are analysing it. Do you intend to sue Gonçalo Amaral?
 
Gerry – At this moment we are focused on what we can do to find Madeleine and not in suing anyone.
 
Kate – All that I am going to say about this – because I'm not going to waste any time on Mr Amaral – is that as a professional and as a person his behaviour has been a disgrace.

The Expresso interview, 06 September 2008

http://www.mccannfiles.com/id163.html

[Mr Gray]

Q – Your English lawyers already have a translated copy and they are analysing it. Do you intend to sue Gonçalo Amaral?
 
Gerry – At this moment we are focused on what we can do to find Madeleine and not in suing anyone.
 
Kate – All that I am going to say about this – because I'm not going to waste any time on Mr Amaral – is that as a professional and as a person his behaviour has been a disgrace.

so at the time the statement was made the lawyers had not analysed the book....once analysed it seems they decided they would have to sue

[stephen25000]

If you read the book...which it appears many posters here have not...you will see the Mccanns had no choice but to sue

Of course they had a choice.

If they had left it alone, very few people would have ever heard of him.

They, by their civil action have given him worldwide publicity, and as a consequence he will make money.

Meanwhile the mccanns can seethe away.