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

[Montclair]

It is not my subjective opinion, but the judgement of the court.

Even if Amaral's theory was true, it would not affect his unlawful behaviour towards the McCanns by breaking confidence and failing in his oath of office - the actions for which damages were awarded.

Where is his behaviour unlawful? Only in the judge's opinion. Tell me, if his behaviour was unlawful and he failed his position as a PJ officer, how come he was never bothered by the PJ hierarchy?

[Alfred R Jones]

Where is his behaviour unlawful? Only in the judge's opinion. Tell me, if his behaviour was unlawful and he failed his position as a PJ officer, how come he was never bothered by the PJ hierarchy?

LOL at "only the judge's opinion".  Do you not respect the judicial process then?  If the McCanns had been found guilty of an offence it would only have been the judge's opinion right?

[John]

Always remembering that a judges decision in a lower or appeal court is not set in stone and until it is finally determined we cannot be sure how this will all fathom out.

[John]

I agree with the statement in bold.  Do you believe that the judgment awarding the McCanns unprecedented damages and the banning of the book and DVD was a failure for them, as claimed by Angelo on this thread?

It was by no means a failure Alfred but in some ways it must be disappointing too to a certain extent given the judges comments.

Translated judgement

[Alfred R Jones]

It was by no means a failure Alfred but in some ways it must be disappointing too to a certain extent given the judges comments.

Translated judgement

Anyndisappointment you perceive to be felt by the McCanns is but a fraction of that felt by the loser of this court battle, that's for sure.

[pegasus]

I would suggest that as well as appealing this judgement, Mr A should apply even greater effort to improving his theory. Winning the case will in itself not acheive the right of the child to complete truth and justice, which is what Mr  A has since the beginning fought for. It is essential IMO to proceed on the basis that, if the current theory has not fully solved the case (to conviction), then it is likely that the current theory has an elementary conceptual flaw, so elementary that it is easy to not see it. I suggest he reappraises his theory by asking: "is there one very basic assumption made which is in contradiction to statistics of similar cases". JIMO

[Eleanor]

I would suggest that as well as appealing this judgement, Mr A should apply even greater effort to improving his theory. Winning the case will in itself not acheive the right of the child to complete truth and justice, which is what Mr  A has since the beginning fought for. It is essential IMO to proceed on the basis that, if the current theory has not fully solved the case (to conviction), then it is likely that the current theory has an elementary conceptual flaw, so elementary that it is easy to not see it. I suggest he reappraises his theory by asking: "is there one very basic assumption made which is in contradiction to statistics of similar cases". JIMO

Have I read that right?  Are you saying that Inspector Amaral didn't quite get it right on the first occasion, but he might do so if he has another crack at it?

But after nearly eight years he should really have done so by now.

[pegasus]

Have I read that right?  Are you saying that Inspector Amaral didn't quite get it right on the first occasion, but he might do so if he has another crack at it?

Possibly, yes.

But after nearly eight years he should really have done so by now.

[Eleanor]

Possibly, yes.

But only possibly?

How many cracks do you think he should get at it?  How many more times do you think he should be allowed to try to decimate The McCanns?

And now I am going to apologise to you because you have never been really unpleasant, and you do not deserve that I should be so unpleasant to you.

It's just been a bad day.

[pegasus]

But only possibly?

How many cracks do you think he should get at it?  How many more times do you think he should be allowed to try to decimate The McCanns?

And now I am going to apologise to you because you have never been really unpleasant, and you do not deserve that I should be so unpleasant to you.

It's just been a bad day.

The PI commercial outfits (Control Risks, Metodo3, Alpha, etc), who were paid in total possibly over a £million by rich backers, have failed to crack the case after 8 years. Also SY having spent several £million have not cracked it. Mr A gets no money from rich backers. However I am suggesting that he tries to succeed where the generously-paid commercial businesses and their rich backers have failed.  IMO his theory is flawed in one respect at its core, and also has many finer details wrong, however if rigidity is dismissed and the theory improved it might succeed where the heavily-paid PI businesses have failed.

[Eleanor]

Pegasus.  The Winged Horse.  It was never the place of The McCanns to prove their innocence.  Or for any of whoever might have been employed by whoever to so so either.  Although I would say that they were looking for their daughter rather than trying to prove their innocence.

You say that Goncalo Amaral failed at the core, and in certain other respects.  So if he has failed in so many ways what gave him the right to inflict even more pain on them?  When even you have doubts about his ideas.

I have now gotten beyond him and his theories.  And anyone else on this Forum. I do the best that I can for both sides. 

But just for tonight I am a bit distressed about the blatant unkindness.

The ultimate conclusion of The Trial, for whatever purpose that might serve, is of no consequence to me.  And if I am ever proved to be wrong about my trust in The McCanns then I will have lost nothing.  I will never have lost me or my inherent kindness.

I would like to say that Goncalo Amaral has no grounds for Appeal.  But I ain't that daft.  Portuguese Law is still a bit beyond me.  In fact, at a push, I could probably come up with a reason for why he should Appeal.
Can you give me a couple of hours while I think about it?  This will probably be the most ridiculous thing that I have ever done.

[Mr Gray]

Do none of you remember the comments only a couple of months ago by amaral suggesting he had been successful in the trial. The verdict is  a massive victory for the McCanns...amaral must be devastated. Who knows what will happen next...amaral may be refused an appeal...we don't know

[Mr Gray]

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.

You didn't get it spot on...my post in red and your reply in blue...I was right and you were wrong


Quote from: davel on January 22, 2015, 06:59:07 PM

I agree the mccanns won't get 1.2 million...but they will get damages




Cant see it myself.  She poo poo'd all their main claims. 

[Benice]

I would suggest that as well as appealing this judgement, Mr A should apply even greater effort to improving his theory. Winning the case will in itself not acheive the right of the child to complete truth and justice, which is what Mr  A has since the beginning fought for. It is essential IMO to proceed on the basis that, if the current theory has not fully solved the case (to conviction), then it is likely that the current theory has an elementary conceptual flaw, so elementary that it is easy to not see it. I suggest he reappraises his theory by asking: "is there one very basic assumption made which is in contradiction to statistics of similar cases". JIMO

Apparently he has already applied even greater effort.    Amarals latest theory is that Madeleine had been buried in a coffin alongside a dead woman in a church in the resort of Praia da Luz.    Unsurprisingly  - he offers no evidence to support this 'theory'.     

[G-Unit]

Do none of you remember the comments only a couple of months ago by amaral suggesting he had been successful in the trial. The verdict is  a massive victory for the McCanns...amaral must be devastated. Who knows what will happen next...amaral may be refused an appeal...we don't know

I think you'll find he was cautiously optimistic and with good reason imo. Most of the points were not proved. It wasn't a massive victory because only two-fifths of the claim was successful. The McCanns know that but still mislead people when they said the action was about libeling the children and harming the search for Madeleine. It may well have been, but that's not what the award was for.

I don't know much about law  but the judgement seems to struggle a bit. The judge appears not to find the book damaging in itself, so a normal person writing it would not have had to pay anything. In order to justify the award she had to do what look like mental gymnastics to me. She alleges that he used knowledge gained as coordinator of the investigation which he should have kept secret. At the moment of publication, however, the files were public, even if only three days had passed, so at that moment he wasn't bound by secrecy. On the 'presumption of innocence' ruling the law mentions suspects. At the moment of publication the McCanns weren't suspects and Amaral wasn't involved in the Judicial process against them, so, again, a bit of a stretch perhaps?