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

[ferryman]

I'm sure the McCanns aren't sweating. Their success in the courts has been legendary - well, those cases which got to court. Tony Bennett - a win. Goncalo Amaral's book banning - lose. Defamation - win......so far. It must be their turn to win on appeal this time?

The one occasion the McCanns were not represented in court (that they lost)!

[ferryman]

Another thought that occurs is that with this massive financial support Amaral now enjoys, there will be a huge weight of expectation on him to deliver.

Maybe he will.

But the fund, while ensuring equality of arms, might bring its own pressures.

[Benice]

I'm sure the McCanns aren't sweating. Their success in the courts has been legendary - well, those cases which got to court. Tony Bennett - a win. Goncalo Amaral's book banning - lose. Defamation - win......so far. It must be their turn to win on appeal this time?

What 'legendary' success are you referring to?   AFAIK they've only had court cases with two people.

And didn't Bennett put himself in court - for contempt?   It was his own choice to break his promises to the court.

(from memory so am happy to be corrected if necessary)

[Jean-Pierre]

What 'legendary' success are you referring to?   AFAIK they've only had court cases with two people.

And didn't Bennett put himself in court - for contempt?   It was his own choice to break his promises to the court.

(from memory so am happy to be corrected if necessary)

There also successful against Express, NOTW, Sunday Times etc etc who settled out of court.  No doubt seen as another example of the McCanns flexing their financial muscle against the weak and defenceless.   

[Montclair]

The one occasion the McCanns were not represented in court (that they lost)!

The parties are not present in court when the appeals go to the  higher court. AFAIK, the judges study the written appeals and arguments, so it is the same for all.

I do recall that when the book was first banned and the injunction set in place by the McCanns and their lawyers, that this was done in secret. The interested parties only found out about it in the press!

[ferryman]

The parties are not present in court when the appeals go to the  higher court. AFAIK, the judges study the written appeals and arguments, so it is the same for all.

I do recall that when the book was first banned and the injunction set in place by the McCanns and their lawyers, that this was done in secret. The interested parties only found out about it in the press!

OK ...

[Miss Taken Identity]

The parties are not present in court when the appeals go to the  higher court. AFAIK, the judges study the written appeals and arguments, so it is the same for all.

I do recall that when the book was first banned and the injunction set in place by the McCanns and their lawyers, that this was done in secret. The interested parties only found out about it in the press!

...And even then they waited until they saw how much money they could make... always eyes on the dollars...
Why not complain to the police as soon as it was realeased? have him charged there and then?

its A L W A Y S about ££££££££££$$$$$$$$$$$$$$$€€€€€€€€€€€€€€€€€€€

[pegasus]

Who are these "legal peeps"?

I don't know who does research for cases.
Is the case decided on differences between the files and the book/film?
 

[Alfred R Jones]

Another thought that occurs is that with this massive financial support Amaral now enjoys, there will be a huge weight of expectation on him to deliver.

Maybe he will.

But the fund, while ensuring equality of arms, might bring its own pressures.

Yes, there is no way Gonc can back out of an appeal now, he might have chosen to play the pity card and cite lack of funds as a reason for not appealing but he now no longer has that option.  Every silver lining has a cloud.

[G-Unit]

I don't know who does research for cases.
Is the case decided on differences between the files and the book/film?

No. Two things only.

1. Did Amaral break the rules by using information gathered while case co-cordinator to write his book? The judge says he did because he published his book just three days after the release of the files.
2. Were the McCanns entitled  to the presumption of innocence? The judge said they were entitled to be presumed innocent by Amaral as he is a retired policeman and is as such still bound by the rules applied to those involved in the Judicial process.

[Alfred R Jones]

No. Two things only.

1. Did Amaral break the rules by using information gathered while case co-cordinator to write his book? The judge says he did because he published his book just three days after the release of the files.
2. Were the McCanns entitled  to the presumption of innocence? The judge said they were entitled to be presumed innocent by Amaral as he is a retired policeman and is as such still bound by the rules applied to those involved in the Judicial process.

Makes it hard to see what the grounds for an appeal will be doesn't it?

[pegasus]

Yes, there is no way Gonc can back out of an appeal now, he might have chosen to play the pity card and cite lack of funds as a reason for not appealing but he now no longer has that option.  Every silver lining has a cloud.

Simple answer: The recent GFM appeal was started after the decision to appeal was made.

[Alfred R Jones]

Simple answer: The recent GFM appeal was started after the decision to appeal was made.

So?  He could have cited a lack of funds at any point up until the expiry of the appeal deadline as a get-out.  He can't now!

[Carana]

Why was a new fund started (which apparently feeds into the extant one anyway)?

[G-Unit]

Makes it hard to see what the grounds for an appeal will be doesn't it?

I'm no legal expert, so my opinion counts for nothing. The questions I have are as follows. As the files had been made public when the book was published is it relevant when he wrote it? Does the right to the presumption of innocence apply to everyone or only to suspects? Are retired policemen still expected to uphold this principle?