Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.

[Jean-Pierre]

It would be interesting to know if there are even any realistic grounds on which Mr Amaral might raise a case.

His assets were frozen by a Portuguese court, so I cannot see an English court permitting an action on that.

His book sale income etc likewise was decided by a Portuguese court.

That seems to leave defamation of character.  As far as I am aware, the McCanns have used litigation, not defamation, so how could that work?

That appears to leave Mr Amaral with the Portuguese courts as a route, and I can't see how he could bring an action in Portugal.  We're back to the sticking points that it was Portuguese courts that froze assets, stopped sale of the book and DVD.

Could Mr Amaral raise an action on the basis that his right to a good name has been infringed?  I can't see that either as it was Portuguese courts accepting the McCann action.

Even if he could raise a case in either country, it would take years, cost a pretty penny, there is no guarantee of a successful outcome, and would a victory amount to much?

I suspect he is smart enough to stand back from that and simply deploy freedom of expression instead.

That is well thought through and I would agree with the conclusion you have reached.

[Brietta]

Even the judge in the lower court rejected the contention that the book harmed the search for Madeleine, so that's an unconfirmed assertion. The damages were awarded to the parents so the Appeal is about the parents not about Madeleine.

I take it that either you have failed to read Faithlilly's post ... or if you have, you disagree?

[Alfie]

It would be interesting to know if there are even any realistic grounds on which Mr Amaral might raise a case.

His assets were frozen by a Portuguese court, so I cannot see an English court permitting an action on that.

His book sale income etc likewise was decided by a Portuguese court.

That seems to leave defamation of character.  As far as I am aware, the McCanns have used litigation, not defamation, so how could that work?

That appears to leave Mr Amaral with the Portuguese courts as a route, and I can't see how he could bring an action in Portugal.  We're back to the sticking points that it was Portuguese courts that froze assets, stopped sale of the book and DVD.

Could Mr Amaral raise an action on the basis that his right to a good name has been infringed?  I can't see that either as it was Portuguese courts accepting the McCann action.

Even if he could raise a case in either country, it would take years, cost a pretty penny, there is no guarantee of a successful outcome, and would a victory amount to much?

I suspect he is smart enough to stand back from that and simply deploy freedom of expression instead.

If he was that smart he would have thought it all through first without making empty threats and raising his fan club's hopes.

[Alice Purjorick]

If he was that smart he would have thought it all through first without making empty threats and raising his fan club's hopes.

I doubt that was the reason. It was more like to creating ring twitter in certain areas. Although if he has any sense he will avoid going to the UK to sue anyone:

"English defamation law puts the burden of proving the truth of allegedly defamatory statements on the defendant, rather than the plaintiff, and has been considered an impediment to free speech in much of the developed world. In many cases of libel tourism, plaintiffs sued in England to censor critical works when their home countries would reject the case outright. In the United States, the 2010 SPEECH Act makes foreign libel judgements unenforceable in U.S. courts if they don't comply with US free speech law, largely in response to the English laws".

[Alice Purjorick]

That may be your opinion ... it is not mine ... mainly because all the requirements of Madeleine's Fund have been met in every way.

The book in my opinion has been most unhelpful in helping Madeleine's case.

In Faithlilly's opinion the money in Madeleine's Fund warrants safeguarding because it is needed to find her.

The genesis of the "fraudulent fund" myth and the subsequent nine year attacks on what is recognised as a vehicle to assist Madeleine, can be read below and is recognised by the author as an "inopportune" "undiplomatic" and "an ill-judged comment".

The vagaries of the law have allowed character assassination such as this and much worse to  be excused forcing the innocent party into the appeal courts when the toss of a coin and best of three might make as much sense as what we have seen.

FRAUD OR ABUSE OF TRUST?

During a more relaxed moment at one of these meetings, I come out with an ill-judged comment. Inopportune or undiplomatic, but this is my reasoning: thinking about the kinds of crime that may have been committed if the McCanns were involved in their daughter's disappearance, something occurs to me. If they were involved in one way or another, then a crime of fraud or abuse of trust is a possibility concerning the fund that was set up to finance the search for Madeleine. Donations have reached nearly 3 million Euros.

If such a crime exists, Portugal would not have jurisdiction to investigate and try it. The fund being legally registered in England, it would be our English colleagues who would deal with the case. Our English colleagues then realise a hard reality: the strong possibility that they would have a crime to investigate in their own country, with the McCann couple as the main suspects: a prospect that does not seem to appeal to them. I notice a sudden pallor in the faces of those British people present.  Goncalo Amaral

That hangs together neither in time nor known detail.

[Alfie]

I doubt that was the reason. It was more like to creating ring twitter in certain areas. Although if he has any sense he will avoid going to the UK to sue anyone:

"English defamation law puts the burden of proving the truth of allegedly defamatory statements on the defendant, rather than the plaintiff, and has been considered an impediment to free speech in much of the developed world. In many cases of libel tourism, plaintiffs sued in England to censor critical works when their home countries would reject the case outright. In the United States, the 2010 SPEECH Act makes foreign libel judgements unenforceable in U.S. courts if they don't comply with US free speech law, largely in response to the English laws".

Ring twitter?  Charming turn of phrase.  If he thought his empty threats might be a cause of such a phenomenon then he's even dafter than he looks.

[Alice Purjorick]

Ring twitter?  Charming turn of phrase.  If he thought his empty threats might be a cause of such a phenomenon then he's even dafter than he looks.

That is distinctly possible Alfie.
You should have worked out that you are kicking against an open door there. Mind you don't hurt your feet to no avail
 

[Brietta]

That hangs together neither in time nor known detail.

Praise indeed, thank you very much.

[stephen25000]

A question.  They won damages against the Express.  And chose to have this paid to the fund.

So - is that "their own" money?

Money they would never have been paid but for their actions in Portugal.

Certainly not money they have earned or deserved.

[pegasus]

A question.  They won damages against the Express.  And chose to have this paid to the fund.

So - is that "their own" money?

MFLNSU's money may be spent by the directors only on its two stated "objects".

[stephen25000]

I feel certain parties will be pleased to hear that if Amaral requires any further funding for legal expenses, police officers , current and ex, who have already donated to him, will happily do so again.

AS WILL OTHERS.

[ShiningInLuz]

If he was that smart he would have thought it all through first without making empty threats and raising his fan club's hopes.

At the moment I am more in favour of Mr Amaral's PR than the McCanns PR.

I am not into predicting what Mr Amaral might do next, but he has gathered enough material for another 2 or 3 TV interviews or another chapter in a book.

This has nothing whatsoever to do with the underlying case.  It simply seems that Mr Amaral is more adept at influencing public opinion than the McCanns, and/or friends.

[G-Unit]

At the moment I am more in favour of Mr Amaral's PR than the McCanns PR.

I am not into predicting what Mr Amaral might do next, but he has gathered enough material for another 2 or 3 TV interviews or another chapter in a book.

This has nothing whatsoever to do with the underlying case.  It simply seems that Mr Amaral is more adept at influencing public opinion than the McCanns, and/or friends.

Perhaps it's because he's not trying to influence public opinion.

[John]

Meanwhile a little girl remains missing presumed dead.  What of the search?

[stephen25000]

Meanwhile a little girl remains missing presumed dead.  What of the search?

I thought we had been told there are 4 officers remaining looking at one final lead, which the Portuguese are not interested in, as they have already questioned the 3 men.

Also, with the legal fees ever increasing, how much of the fund remains ?