Author Topic: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.  (Read 853650 times)

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Alfred R Jones

  • Guest
Back on topic.   Amaral is right to appeal the decision, the sum awarded was ridiculous.  I have no doubt the appeal court will agree.
You had no doubt that the McCanns would fail in their court action against Amaral, I expect I will recieve another warning for reminding you how little your predictions are worth!

OxfordBloo

  • Guest
Back on topic.   Amaral is right to appeal the decision, the sum awarded was ridiculous.  I have no doubt the appeal court will agree.

The reasoning behind why that amount was decided is laid out in very specific detail in the Judgement. Did you read the reasoning? What part of the reasoning do you disagree with? What are the grounds of your disagreement?

stephen25000

  • Guest
You had no doubt that the McCanns would fail in their court action against Amaral, I expect I will recieve another warning for reminding you how little your predictions are worth!

Tell me alfred why the mccanns should be paid any money at all.

This whole situation is a result of what they failed to do in Portugal.

i.e.Look after their children as good parents would.

Offline Angelo222

You had no doubt that the McCanns would fail in their court action against Amaral, I expect I will recieve another warning for reminding you how little your predictions are worth!

Clearly they did fail.  The claim was halved, the claim on behalf of the twins and Madeleine kicked out with the judge ruling that the book did not damage the search.  My prediction was spot on!

I will now predict the appeal court will reduce the award or even quash it entirely.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline Angelo222

The reasoning behind why that amount was decided is laid out in very specific detail in the Judgement. Did you read the reasoning? What part of the reasoning do you disagree with? What are the grounds of your disagreement?

The judge erred imo.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

OxfordBloo

  • Guest
Tell me alfred why the mccanns should be paid any money at all.

This whole situation is a result of what they failed to do in Portugal.

i.e.Look after their children as good parents would.

The McCanns were not being judged on their childcare. Amaral was being judged on his actions. The McCanns have not been found to have committed any crime or tort. Amaral has been found to have done both.

OxfordBloo

  • Guest
The judge erred imo.

Did you read the judgement? Do you think the earnings or returns from the book were the major factor?

stephen25000

  • Guest
The McCanns were not being judged on their childcare. Amaral was being judged on his actions. The McCanns have not been found to have committed any crime or tort. Amaral has been found to have done both.

This whole case rests on what the mccanns did not do.

Meanwhile has Amaral's thesis of accidental death been disproved ?

OxfordBloo

  • Guest
This whole case rests on what the mccanns did not do.

Meanwhile has Amaral's thesis of accidental death been disproved ?

Police guesswork does not make law.

The case rests on whether or not Amaral was a total part in misusing privileged information and going against his oath as a law officer.

Offline jassi

Right or wrongly, the judge has made her decision. It is the option of a higher court to over rule it if they see fit.
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline Jean-Pierre

Back on topic.   Amaral is right to appeal the decision, the sum awarded was ridiculous.  I have no doubt the appeal court will agree.

The appeal court can consider and appeal based on a challenge to proven facts or matters of law.  One cannot simply appeal because one does not like the judgement.

It would interesting to hear your views on proven facts.  Which ones are possibly in dispute?

As to matters of law, in lay terms the judge associated the level of damages with Amaral's earnings from the book and docu drama.  This is based on the principle of the guilty party not benefitting from an unlawful act.  So in what way do you think the judge erred?   

Are there any other points of law, in your opinion, may be challenged?

stephen25000

  • Guest
Police guesswork does not make law.

The case rests on whether or not Amaral was a total part in misusing privileged information and going against his oath as a law officer.

That was the judges opinion.

On appeal as we have seen in Portugal, a different interpretation could apply.

Can you tell me of any comparable case in history where parents who have neglected their children have received financial reward  ?

« Last Edit: May 10, 2015, 12:12:24 PM by stephen25000 »

Offline Jean-Pierre

This whole case rests on what the mccanns did not do.

Meanwhile has Amaral's thesis of accidental death been disproved ?

Irrelevant Stephen, as you well know.  Amaral cannot base his case on a supposition that the McCanns may or may not have committed a crime. 

OxfordBloo

  • Guest
Right or wrongly, the judge has made her decision. It is the option of a higher court to over rule it if they see fit.

Agreed. But assuming that it will is unjustified. It could go either way. Maybe the McCanns will appeal on the points that their claim was rebutted?

OxfordBloo

  • Guest
That was the judges opinion.CAN YOU

On appeal as we have seen in Portugal, a different interpretation could apply.

Can you tell me of any comparable case in history where parents who have neglected their children have received financial reward  ?

The McCanns have not been found guilty of neglect in any country. Their previous history does not alter their right to sue or receive damages. Even if they had been found guilty, they could still have the right to sue.

It is called democracy and equality under the law. Human rights you know.