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

[Brietta]

There is far too much at stake here for him to be denied an appeal.  A judgement exceeding €500k is unprecedented in Portugal so that alone will allow one.

I think that may be the single issue which might be subject to consideration ... the reduction of the award.

However the Judge made it in full consideration of the financial history and assets of the defendant ... including the receipts from the book he wrote cashing in on his theories, so it is not a given that an appeal would be allowed on those grounds.

I think the unprecedented amount of the award reflects the unprecedented damage inflicted ... so interesting what will be said in an appeal court in justification from both sides ... won't be long now till we find out if an appeal will happen.

[ferryman]

There is far too much at stake here for him to be denied an appeal.  A judgement exceeding €500k is unprecedented in Portugal so that alone will allow one.

But there are these inconvenient facts (for Mr Amaral) that he accuses them of responsibility for the 'death' of their daughter and those no evidence she's dead, let alone who was responsible

He accuses them of launching a fraudulent fund in their (dead!) daughter's name and the accounts of the fund are in apple-pie order

He alleges that Mark Harrison changed the enquiry to one for a little girl assumed dead and her remains hidden in the vicinity of PdL and Mark Harrison did no such thing (including that he did NOT say Madeleine was 'buried' anywhere.

Amaral insists Eddie "smelt death" all over the place and neither Harrison nor Grime said any such thing

Amaral accuses Kate of sacking a Leicester Police Liaison officer and those no evidence she did.

And so it rolls, and rolls and rolls ....

As one of the defendants at the trial said, Amaral's book is largely made up.

What price his chances of an appeal?

[Angelo222]

I think that may be the single issue which might be subject to consideration ... the reduction of the award.

However the Judge made it in full consideration of the financial history and assets of the defendant ... including the receipts from the book he wrote cashing in on his theories, so it is not a given that an appeal would be allowed on those grounds.

I think the unprecedented amount of the award reflects the unprecedented damage inflicted ... so interesting what will be said in an appeal court in justification from both sides ... won't be long now till we find out if an appeal will happen.

The judges decision is based on the premise that the McCanns are totally innocent.  If that particular wall eventually crumbles then that is a very different ball game.

[Mr Gray]

There is far too much at stake here for him to be denied an appeal.  A judgement exceeding €500k is unprecedented in Portugal so that alone will allow one.

logically it can't be a ground for appeal...if amaral appeals to have the amount reduced...he is accepting liability...if he doesn't want to accept liability he needs to have the judgement struck out.....so no compensation......surprised none of the very intelligent amaral supporters noticed that

[Mr Gray]

The judges decision is based on the premise that the McCanns are totally innocent.  If that particular wall eventually crumbles then that is a very different ball game.

then why doesn't amaral stop talking the talk and start walking the walk...he claims he can PROVE Maddie died in the apartment...why doesn't he just do it.....cuz he's talking BS as usual...and that's been his problem all along

[Eleanor]

I think that may be the single issue which might be subject to consideration ... the reduction of the award.

However the Judge made it in full consideration of the financial history and assets of the defendant ... including the receipts from the book he wrote cashing in on his theories, so it is not a given that an appeal would be allowed on those grounds.

I think the unprecedented amount of the award reflects the unprecedented damage inflicted ... so interesting what will be said in an appeal court in justification from both sides ... won't be long now till we find out if an appeal will happen.

Indeed, The Legal Arguments will be interesting.  If The Appeal happens.  I would like to see them.

[Montclair]

Very well.

The court, not Mr Amaral, will decide whether or not he can appeal.

ETA: If they decide he can't, the McCanns will be outright winners at first instance.

The court cannot deny him an appeal. The only reasons he would not be able to appeal is if he did not present it on time, did not pay the respective costs, was not the legitimate person who could appeal and if the case was not subject to appeal and in this case, it is. Haven't you read the previous posts about this? The appeal will happen, whether you like it or not.

[Montclair]

But there are these inconvenient facts (for Mr Amaral) that he accuses them of responsibility for the 'death' of their daughter and those no evidence she's dead, let alone who was responsible

He accuses them of launching a fraudulent fund in their (dead!) daughter's name and the accounts of the fund are in apple-pie order

He alleges that Mark Harrison changed the enquiry to one for a little girl assumed dead and her remains hidden in the vicinity of PdL and Mark Harrison did no such thing (including that he did NOT say Madeleine was 'buried' anywhere.

Amaral insists Eddie "smelt death" all over the place and neither Harrison nor Grime said any such thing

Amaral accuses Kate of sacking a Leicester Police Liaison officer and those no evidence she did.

And so it rolls, and rolls and rolls ....

As one of the defendants at the trial said, Amaral's book is largely made up.

What price his chances of an appeal?

The judge stated that his book was based on the police files and was factual!

This has already been explained FGS! The judge of the first instance will consider his appeal and if she maintains her verdict (she does have the possibility of changing it), she then sends the appeal on to the Tribunal da Relação. She cannot stop the procedure if she doesn't agree with the appellant's arguments.

[Montclair]

I think that may be the single issue which might be subject to consideration ... the reduction of the award.

However the Judge made it in full consideration of the financial history and assets of the defendant ... including the receipts from the book he wrote cashing in on his theories, so it is not a given that an appeal would be allowed on those grounds.

I think the unprecedented amount of the award reflects the unprecedented damage inflicted ... so interesting what will be said in an appeal court in justification from both sides ... won't be long now till we find out if an appeal will happen.

Damages? The McCanns suffered no damages from that book as confirmed by the Tribunal da Relação de Lisboa in October 2010! Damages is when a husband and son lose their wife and mother, who was beaten to death in her office by the ex-husband of her client, who did not want to pay alimony. The two received € 160.000,-- as compensation. So let me tell you that € 500.000,-- is obscene for two parents who neglected and ignored their children during the entire holiday and who are ultimately responsible for what happened, not only to their daughter but to others.

[stephen25000]

Damages? The McCanns suffered no damages from that book as confirmed by the Tribunal da Relação de Lisboa in October 2010! Damages is when a husband and son lose their wife and mother, who was beaten to death in her office by the ex-husband of her client, who did not want to pay alimony. The two received € 160.000,-- as compensation. So let me tell you that € 500.000,-- is obscene for two parents who neglected and ignored their children during the entire holiday and who are ultimately responsible for what happened, not only to their daughter but to others.

Excellent post. 

[Mr Gray]

Damages? The McCanns suffered no damages from that book as confirmed by the Tribunal da Relação de Lisboa in October 2010! Damages is when a husband and son lose their wife and mother, who was beaten to death in her office by the ex-husband of her client, who did not want to pay alimony. The two received € 160.000,-- as compensation. So let me tell you that € 500.000,-- is obscene for two parents who neglected and ignored their children during the entire holiday and who are ultimately responsible for what happened, not only to their daughter but to others.

it is what the Portuguese judge awarded...tough...I think it's totally justified and the judge agrees with me

[stephen25000]

it is what the Portuguese judge awarded...tough...I think it's totally justified and the judge agrees with me

The judge agrees with you ?

[ moderated ]

Montclair got it just right.

[Montclair]

it is what the Portuguese judge awarded...tough...I think it's totally justified and the judge agrees with me

The amount is in no way justified. Furthermore, the judge deemed that Gonçalo Amaral did not have the right to write the book as a retired policeman and awarded the parents the proceeds from the book as punishment and in no way as damages.

[Mr Gray]

The amount is in no way justified. Furthermore, the judge deemed that Gonçalo Amaral did not have the right to write the book as a retired policeman and awarded the parents the proceeds from the book as punishment and in no way as damages.

It's quite interesting that you bleat on about....no way justified...it doesn't matter what you think it's up to the judge...and she agrees with me.....

[misty]

The amount is in no way justified. Furthermore, the judge deemed that Gonçalo Amaral did not have the right to write the book as a retired policeman and awarded the parents the proceeds from the book as punishment and in no way as damages.

If the award was a punishment for not having the right to write the book, why wasn't the amount payable to the state rather than Kate & Gerry?