Gonçalo Amaral confirms he will appeal the damages decision to higher Court.

[OxfordBloo]

We have seen an example of Portuguese Law in operation with Judge Maria Emilia de Melo e Castro presiding. 

I doubt she has left many opportunities to appeal her decision so I rather suspect the auspices are less than favourable for such.
However it will be of interest to see what unfolds.

What has become very clear from her ruling is the rather tawdry circumstance in which the accusatory book was written; the author discarding integrity to make a quick buck while denigrating the presumption of innocence which as a law officer he was obliged to uphold.
To me that reads like a law enforcement officer with a contempt for the law, you put whatever interpretation on it you wish.

If you are happy to support such an individual that is fine by me ... but do try to keep your personal little digs out of your posts to me ... utterly tiresome and sooooo playgroundy.

Could you specify what you see as the main routes of appeal, either factual or legal. I can see none.

The duties of confidentiality and to maintain innocence are clearly part of Portuguese Law.

Amaral undoubtedly used privileged information and accused the McCanns.

Where is the route to appeal?

[OxfordBloo]

His assets seized for now. Clearly yes.

The mccanns going to get money from him , doesn't look like it.

Mind you,increasing legal bills for sure, which will mount , year after year, with appeal after appeal, all the way to the European Court of Human Rights.

and that going by the backlog of nearly 70,000 cases, is a fiar way in the future.

One can only appeal if one has grounds.

One can only appeal to the ECHR if it is a matter of Human Rights- it is not a Supreme Court, only a Tribunal interpreting the European Convention.

Legal Costs also build on each side. In Portugal I understand that lawyers fees are paid by each side and there are rarely costs awarded against one side alone.

I can see no easy grounds for appeal- appeals are not automatic and require permission.

I understand that the McCanns are indemnified for their legal costs a d Amaral is not.

I think it may be over bar the shouting.

[G-Unit]

One can only appeal if one has grounds.

One can only appeal to the ECHR if it is a matter of Human Rights- it is not a Supreme Court, only a Tribunal interpreting the European Convention.

Legal Costs also build on each side. In Portugal I understand that lawyers fees are paid by each side and there are rarely costs awarded against one side alone.

I can see no easy grounds for appeal- appeals are not automatic and require permission.

I understand that the McCanns are indemnified for their legal costs a d Amaral is not.

I think it may be over bar the shouting.

I don't know much about the law, but the point about Amaral being obliged to uphold the presumption of innocence seems a little bit dodgy to me. He was taken off the case in October 2007, so he was no longer involved in the judicial process after that. Once the case was archived the McCanns were no longer suspects they have said. So he was not involved in the process and not casting doubt on the innocence of suspects?

[stephen25000]

One can only appeal if one has grounds.

One can only appeal to the ECHR if it is a matter of Human Rights- it is not a Supreme Court, only a Tribunal interpreting the European Convention.

Legal Costs also build on each side. In Portugal I understand that lawyers fees are paid by each side and there are rarely costs awarded against one side alone.

I can see no easy grounds for appeal- appeals are not automatic and require permission.

I understand that the McCanns are indemnified for their legal costs a d Amaral is not.

I think it may be over bar the shouting.

Well we will soon find out if Amaral has grounds for appeal.

Does their indemnity  extend to the Portuguese case ?

As Amaral was able to successfully appeal against the original banning of the book, an appeal is possible.

Also, the judge made their own interpretation of the law, and there is no guarantee that an appeal judge, if one happens will make the same decisions.

Likewise the sheer size of the financial award seems unprecedented in Portugal. He could possibly be entitled to make an appeal on those grounds.

Are there any comparable cases in Portuguese history ?

[OxfordBloo]

Well we will soon find out if Amaral has grounds for appeal.

Does their indemnity  extend to the Portuguese case ?

As Amaral was able to successfully appeal against the original banning of the book, an appeal is possible.

Also, the judge made their own interpretation of the law, and there is no guarantee that an appeal judge, if one happens will make the same decisions.

Likewise the sheer size of the financial award seems unprecedented in Portugal. He could possibly be entitled to make an appeal on those grounds.

Are there any comparable cases in Portuguese history ?

There was a clear route to appeal the banning of the book as it involved a Human Rights issue.

Every country I know of places restrictions on the use of privileged information and the argument that all officers of the legal system are duty bound to promote the innocence of people unless acting formally in the role of prosecution.

For instance it is legal to state as truth in court that a person has committed a crime. But if the person steps out of the role and says that in public it becomes not only Libel but also a breach of their official duties and hence actionable for damages.

The judge examines the question of damages very carefully and makes an impressive case.

[G-Unit]

Perhaps this is what will allow an appeal to be made?

8. Appeal
 
 
8.1 Grounds for appeal
The general rule is that a party may appeal to the court of second instance (“Tribunal da Relação”) when the value of the lawsuit is higher than EUR5,000 and the decision is unfavourable to the appealing party in an amount higher than EUR2,500.01 (Cf. Article 629 of the CPC). The court of second instance decides both on legal and factual issues.

A party may appeal to the Supreme Court when the value of the lawsuit is higher than EUR30,000 and the decision is unfavourable to the appealing party in an amount higher than EUR15,000.01.

The Supreme Court only rules on legal issues and, in most cases, cannot revoke the second instance judgment concerning the proven facts.

In most cases the parties cannot move to the Supreme Court if the first and the second instance courts have issued identical decisions with similar grounds.

The general rule is that the appeal does not suspend the proceedings unless the appealing party pays a deposit or presents a bank guarantee.
http://www.chambersandpartners.com/guide/practice-guides/location/241/6617/1422-200#questiongroup_299

[stephen25000]

There was a clear route to appeal the banning of the book as it involved a Human Rights issue.

Every country I know of places restrictions on the use of privileged information and the argument that all officers of the legal system are duty bound to promote the innocence of people unless acting formally in the role of prosecution.

For instance it is legal to state as truth in court that a person has committed a crime. But if the person steps out of the role and says that in public it becomes not only Libel but also a breach of their official duties and hence actionable for damages.

The judge examines the question of damages very carefully and makes an impressive case.

We shall see in the course of the next few months if there is to be an appeal.

How much of the information in the book was already in the public domain already ?

Clearly he began to write the book before he left the police, but as is known, the book was published after he left.

He clearly was not the only person who has accused the mccanns of hiding her body ?

Why haven't the mccanns taken to court anyone else who has said the same thing ?

and as you well know the case of the cause of Madeleine's disappearance remains unknown.

[jassi]

There was a clear route to appeal the banning of the book as it involved a Human Rights issue.

Every country I know of places restrictions on the use of privileged information and the argument that all officers of the legal system are duty bound to promote the innocence of people unless acting formally in the role of prosecution.

For instance it is legal to state as truth in court that a person has committed a crime. But if the person steps out of the role and says that in public it becomes not only Libel but also a breach of their official duties and hence actionable for damages.

The judge examines the question of damages very carefully and makes an impressive case.

Is this not normally an "offence against the State", as in contravention of the Official Secrets Act, rather than a civil action?

[OxfordBloo]

Perhaps this is what will allow an appeal to be made?

8. Appeal
 
 
8.1 Grounds for appeal
The general rule is that a party may appeal to the court of second instance (“Tribunal da Relação”) when the value of the lawsuit is higher than EUR5,000 and the decision is unfavourable to the appealing party in an amount higher than EUR2,500.01 (Cf. Article 629 of the CPC). The court of second instance decides both on legal and factual issues.

A party may appeal to the Supreme Court when the value of the lawsuit is higher than EUR30,000 and the decision is unfavourable to the appealing party in an amount higher than EUR15,000.01.

The Supreme Court only rules on legal issues and, in most cases, cannot revoke the second instance judgment concerning the proven facts.

In most cases the parties cannot move to the Supreme Court if the first and the second instance courts have issued identical decisions with similar grounds.

The general rule is that the appeal does not suspend the proceedings unless the appealing party pays a deposit or presents a bank guarantee.
http://www.chambersandpartners.com/guide/practice-guides/location/241/6617/1422-200#questiongroup_299

That is very useful.

So no appeal on Proven Facts.

Amaral was a retired police officer and he did use privileged information.

So the judgement is only open to appeal on grounds of interpretation of the law.

[OxfordBloo]

We shall see in the course of the next few months if there is to be an appeal.

How much of the information in the book was already in the public domain already ?

Clearly he began to write the book before he left the police, but as is known, the book was published after he left.

He clearly was not the only person who has accused the mccanns of hiding her body ?

Why haven't the mccanns taken to court anyone else who has said the same thing ?

and as you well know the case of the cause of Madeleine's disappearance remains unknown.

It does not matter how much privileged information was used. Additionally the judge made a lot of the fact that the book was published only days after the release of the files, meaning that Amaral must have used his access to privileged material to write the book.

He was the only person who was an officer of the state to do so outwith their official role. 

The fate of Madeleine is immaterial.

[stephen25000]

I don't hate amaral...I hate what he stands for....injustice...I just can't stand it.

That is a matter of opinion.

[stephen25000]

It does not matter how much privileged information was used. Additionally the judge made a lot of the fact that the book was published only days after the release of the files, meaning that Amaral must have used his access to privileged material to write the book.

He was the only person who was an officer of the state to do so outwith their official role. 

The fate of Madeleine is immaterial.

Precisely what privileged information did he use ?

[Alice Purjorick]

We have seen an example of Portuguese Law in operation with Judge Maria Emilia de Melo e Castro presiding. 

I doubt she has left many opportunities to appeal her decision so I rather suspect the auspices are less than favourable for such.
However it will be of interest to see what unfolds.

What has become very clear from her ruling is the rather tawdry circumstance in which the accusatory book was written; the author discarding integrity to make a quick buck while denigrating the presumption of innocence which as a law officer he was obliged to uphold.
To me that reads like a law enforcement officer with a contempt for the law, you put whatever interpretation on it you wish.

If you are happy to support such an individual that is fine by me ... but do try to keep your personal little digs out of your posts to me ... utterly tiresome and sooooo playgroundy.

Please show me where I have said I support Dr Amaral.

[Mr Gray]

How does he stand for injustice?

to promote someones guilt when the evidence does not support it

[OxfordBloo]

Precisely what privileged information did he use ?

A/ The book was published only three days after the release of the files. It was not written in three days. Therefore Amaral abused his position by using privileged access to the information in a manner that was not open to other people.

B/ There are items in the book (for instance information about Jane Tanner) that is not in the Files.

Taken together that indicates that beyond reasonable doubt Amaral abused his privilege.