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

[Carana]

Its complicated!!  But in précis form - Usually truth will be an absolute defence to libel.  However, if a statement is made with "malicious intent" then it is intent that can be the pivotal factor and the intent can override the fact.

Malicious intent didn't come into the equation of the Murat appeal trial, though, did it?

(Aside from the cat-shagging "testimony" which was apparently the subject of a different trial.)

On the other hand, that case was against a newspaper, and therefore involved media laws.

[Carana]

Don't be silly, he was tasked by both Leicestershire Police and the Portuguese Police.

www.mccannpjfiles.co.uk/PJ/MARK_HARRISON-RIGATORY.htm

The terms of assistance we agreed to provide were directed by the PJ Regional Director, Guilhermino ENCARNACO after consultation with DI Neil HOLDEN of the Leicestershire Police and myself, the details of which are on page two of the document I authored, titled “Decision Support Document in the Search for Madeleine McCann” dated 23.07.2007 and presented as evidence MH4.

Harrison also proposed further searches... for some reason these weren't part of the terms agreed upon.

[ferryman]

Don't be silly, he was tasked by both Leicestershire Police and the Portuguese Police.

www.mccannpjfiles.co.uk/PJ/MARK_HARRISON-RIGATORY.htm

No clue what point you're trying to make.

Leicestershire police had nothing to do with the recruitment of Grime and his dogs.

Grime worked for South Yorkshire Police (before he went freelance,

[Jean-Pierre]

Don't be silly, he was tasked by both Leicestershire Police and the Portuguese Police.

www.mccannpjfiles.co.uk/PJ/MARK_HARRISON-RIGATORY.htm

In making this assumption, are you referring to his report of 23/07/2007 John?

[ferryman]

So, can someone please give me, at least a hypothetical idea, what grounds of appeal Amaral or his lawyer might cite that would be considered an acceptable basis for an appeal?

[Carana]

So, can someone please give me, at least a hypothetical idea, what grounds of appeal Amaral or his lawyer might cite that would be considered an acceptable basis for an appeal?

His post-ruling spoutings in the media may give an indication...

[ferryman]

His post-ruling spoutings in the media may give an indication...

Neglect!

Ruled out by the prosecutors.

I'm more bemused than ever, not least if he is going to leave behind the central theme of his book (comprehensively disproven).

I mean, how can he simply walk away from what he's already written

[Alice Purjorick]

Are we concerned because we don't believe Sr Amaral should be allowed a facility available to all others, because of the perception he is such bad heavy dude he is not entitled to due process because we say so?
Normal grounds for appeal go like this:
The judgement is wrong in that it erred in law, in fact or in the exercise the court's discretion.
The judgement is unjust because of a procedural or other irregularity in the proceedings in the lower court.
Then in this instance there are points Montclair drew attention to ie the level of damages etc.
Posters may be surprised at the number of appeals against magistrates rulings in this country simply because the magistrates in effect "exceeded their authority". Appeals against judgements in higher courts on similar grounds are not totally unknown.
If Sr Amaral is entitled to appeal his application will be upheld and the whole thing will do another couple of laps; why worry?.

[jassi]

Are we concerned because we don't believe Sr Amaral should be allowed a facility available to all others, because of the perception he is such bad heavy dude he is not entitled to due process because we say so?
Normal grounds for appeal go like this:
The judgement is wrong in that it erred in law, in fact or in the exercise the court's discretion.
The judgement is unjust because of a procedural or other irregularity in the proceedings in the lower court.
Then in this instance there are points Montclair drew attention to ie the level of damages etc.
Posters may be surprised at the number of appeals against magistrates rulings in this country simply because the magistrates in effect "exceeded their authority". Appeals against judgements in higher courts on similar grounds are not totally unknown.
If Sr Amaral is entitled to appeal his application will be upheld and the whole thing will do another couple of laps; why worry?.

Precisely, but some do love to get worked up about this sort of thing, particularly if the name Amaral is involved.

[Jean-Pierre]

Are we concerned because we don't believe Sr Amaral should be allowed a facility available to all others, because of the perception he is such bad heavy dude he is not entitled to due process because we say so?
Normal grounds for appeal go like this:
The judgement is wrong in that it erred in law, in fact or in the exercise the court's discretion.
The judgement is unjust because of a procedural or other irregularity in the proceedings in the lower court.
Then in this instance there are points Montclair drew attention to ie the level of damages etc.
Posters may be surprised at the number of appeals against magistrates rulings in this country simply because the magistrates in effect "exceeded their authority". Appeals against judgements in higher courts on similar grounds are not totally unknown.
If Sr Amaral is entitled to appeal his application will be upheld and the whole thing will do another couple of laps; why worry?.

Who is getting worked up about his right to appeal? 

[jassi]

As this topic has attracted over 1200 posts, somebody must be 

[ferryman]

Are we concerned because we don't believe Sr Amaral should be allowed a facility available to all others, because of the perception he is such bad heavy dude he is not entitled to due process because we say so?
Normal grounds for appeal go like this:
The judgement is wrong in that it erred in law, in fact or in the exercise the court's discretion.
The judgement is unjust because of a procedural or other irregularity in the proceedings in the lower court.
Then in this instance there are points Montclair drew attention to ie the level of damages etc.
Posters may be surprised at the number of appeals against magistrates rulings in this country simply because the magistrates in effect "exceeded their authority". Appeals against judgements in higher courts on similar grounds are not totally unknown.
If Sr Amaral is entitled to appeal his application will be upheld and the whole thing will do another couple of laps; why worry?.

I just can't see how the final chapter of Amaral's book can be squared with that part of the Prosecutors' report which makes plain the McCanns are innocent of any crime leaving any scope for Amaral to appeal.

The present enquiry is not remotely considering the McCanns, or any of their friends.

So what will be the basis of Amaral's appeal?

[Jean-Pierre]

as far as I can see, just discussion and speculation about the appeal process, the timescale, the costs of brining the appeal and the possible grounds for appeal.

Which is rather what this forum is for.

Any problems with that?

[G-Unit]

I just can't see how the final chapter of Amaral's book can be squared with that part of the Prosecutors' report which makes plain the McCanns are innocent of any crime leaving any scope for Amaral to appeal.

The present enquiry is not remotely considering the McCanns, or any of their friends.

So what will be the basis of Amaral's appeal?

The judge said the McCanns were entitled to be presumed innocent by Amaral because he was a retired police officer. Had he been a civilian he could have said what he liked. That's why the publishers didn't have to pay.

[ferryman]

The judge said the McCanns were entitled to be presumed innocent by Amaral because he was a retired police officer. Had he been a civilian he could have said what he liked. That's why the publishers didn't have to pay.

Not true at all ...