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

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ferryman

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Maybe Amaral will have greater joy persuading learned Portuguese judges of a higher jurisdiction that he contradicted and corrected Stuart Prior on interpretation of the forensic results; that Mark Harrison switched the enquiry to one for a little girl assumed dead and stated firmly that Madeleine's concealed remains were in the immediate vicinity of PdL (even though Harrison didn't); that the McCanns set up a fraudulent fund in their (dead) daughter's name (and all the rest) ....

Offline pegasus

Maybe Amaral will have greater joy persuading learned Portuguese judges of a higher jurisdiction that he contradicted and corrected Stuart Prior on interpretation of the forensic results; that Mark Harrison switched the enquiry to one for a little girl assumed dead and stated firmly that Madeleine's concealed remains were in the immediate vicinity of PdL (even though Harrison didn't); that the McCanns set up a fraudulent fund in their (dead) daughter's name (and all the rest) ....
In court was Mr Amaral's lawyer allowed to present testimony from the personnel of LP Met NPIA SOCA DCU etc who were part of Mr Amaral's investigation? Would they be allowed to testify?

Offline pegasus

I just looked and its up to £24340
http://www.gofundme.com/Legal-DefencePJGA
Please can anyone lend me £665?
 

Offline Alice Purjorick

Maybe Amaral will have greater joy persuading learned Portuguese judges of a higher jurisdiction that he contradicted and corrected Stuart Prior on interpretation of the forensic results; that Mark Harrison switched the enquiry to one for a little girl assumed dead and stated firmly that Madeleine's concealed remains were in the immediate vicinity of PdL (even though Harrison didn't); that the McCanns set up a fraudulent fund in their (dead) daughter's name (and all the rest) ....

I doubt any of that will enter into the conversation
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline Alice Purjorick

Who is getting worked up about his right to appeal?

Not me; it is just the next card to play in the game. There seem to be those who don't like the idea though.
Maybe you should give a broad outline of what will happen,i.e. process not conclusion, when the judge(s) review the first judgement should it go that far...............they are hardly likely to believe me.
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline Carana

I doubt any of that will enter into the conversation

I doubt it as well. If the veracity of the "facts" underlying the allegations wasn't allowed to be tested in the a quo trial, I don't see how such issues could be raised in an appeal.

ETA: wasn't instead of weren't.
« Last Edit: May 31, 2015, 04:42:43 PM by Carana »

Offline Jean-Pierre

I doubt it as well. If the veracity of the "facts" underlying the allegations weren't allowed to be tested in the a quo trial, I don't see how such issues could be raised in an appeal.

Only things raised in the original trial can be heard / tested at appeal, for obvious reasons.

Offline Carana

Only things raised in the original trial can be heard / tested at appeal, for obvious reasons.

That's my understanding as well.

ETA:

Artigo 640.º (art.º 685.º-B CPC 1961)
Ónus a cargo do recorrente que impugne a decisão relativa à matéria de facto   

1 - Quando seja impugnada a decisão sobre a matéria de facto, deve o recorrente obrigatoriamente especificar, sob pena de rejeição:

a) Os concretos pontos de facto que considera incorretamente julgados;

b) Os concretos meios probatórios, constantes do processo ou de registo ou gravação nele realizada, que impunham decisão sobre os pontos da matéria de facto impugnados diversa da recorrida;

Offline pegasus

We know how Mr Amaral's lawyer is paid - by whatever of his own money he is allowed to access and by a fund which is any minute going to reach £25000. All very transparent.

How are the lawyers opposing Mr Amaral being paid?
Is it from the proceeds of other litigation? Is it by the fund?


Offline Jean-Pierre

We know how Mr Amaral's lawyer is paid - by whatever of his own money he is allowed to access and by a fund which is any minute going to reach £25000. All very transparent.

How are the lawyers opposing Mr Amaral being paid?
Is it from the proceeds of other litigation? Is it by the fund?

  I do not think the McCanns or Amaral are under an obligation to disclose that information to members of an obscure forum.  The court will know, however.



 


Offline pegasus

  I do not think the McCanns or Amaral are under an obligation to disclose that information to members of an obscure forum.  The court will know, however.
Funding can be transparent and open, and the gofund page certainly is.
One bank account, donations go into it, and only legal costs come out, that is transparency.

Offline Jean-Pierre

Funding can be transparent and open, and the gofund page certainly is.
One bank account, donations go into it, and only legal costs come out, that is transparency.

So the legal fees are being straight out of the Gofundme account?

Or out of the PJGA account?

Which is it?



« Last Edit: May 31, 2015, 06:09:27 PM by Jean-Pierre »

Alfred R Jones

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Funding can be transparent and open, and the gofund page certainly is.
One bank account, donations go into it, and only legal costs come out, that is transparency.
Who says?  Where will we be able to see detailed accounts?

Offline G-Unit

Not true at all ...

If so, why did the other two defendants not have to pay? Only Amaral because of his job. The award to the McCanns  was ordered solely because the judge said Amaral was restricted by the terms of his job - secrecy and presumption of innocence.
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Result = happy posting.
Ignore and break the rules
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Offline G-Unit

So the legal fees are being straight out of the Gofundme account?

Or out of the PJGA account?

Which is it?

The gofundme money is being transferred to the PJGA account according to Leanne further back in this thread.
Read and abide by the forum rules.
Result = happy posting.
Ignore and break the rules
Result = edits, deletions and unhappiness
http://miscarriageofjustice.co/index.php?board=2.0