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

[Benice]

It seems that the appeal went through, but the court upheld the ruling.


18 March 2011

The Appellate Court of Évora did not approve the appeals of the two Judiciary Police officers who were convicted in Leonor Cipriano’s trial and decided to maintain the ruling made at the court of first instance...

https://madeleinemccannthetruth.wordpress.com/2011/10/31/evoras-court-upheld-the-pj-officers-convictions/


Joana Case: Court keeps sentences on former pj inspectors

The Évora Court refuted the existence of "unconstitutionality and nullity" in judgment which upheld the conviction of former inspectors of the Judicial Police (PJ) in the case of attacks on Leonor Cipriano, Joana's mother of child missing in the Algarve in 2004.

On 18 March this year, the Court of Appeal upheld the conviction of former PJ inspector Gonçalo Amaral and António Nunes Cardoso, with suspended sentences, the Court of Faro in 2009, but the latter former agent requested "clarification and reform of judgment. "

According to judicial sources, the Évora Court understood that "lacks reason," the application of António Nunes Cardoso, sentenced to two years and three months imprisonment with suspended sentence for the crime of document forgery. Understand yet the appellate court that the appeal of Évora "surpasses fully the scope allowed to a request for clarification or adduction of errors, oversights, or obscurities nonentities."

In the decision of the resources of the former inspectors, reported on 18 March 2011, the Court / Relation also maintained the sentence of one year and six months in prison for the crime of making false allegations, suspended on probation, applied to Gonçalo Amaral, former coordinator of the Criminal Investigation Department in Portimão.

http://www.dn.pt/inicio/portugal/interior.aspx?content_id=1882361&page=-1&success=1

Thanks for that info Carana. 

[ferryman]

Does anyone know what happened when Amaral appealed against his criminal conviction re Leonor Cipriano? 

Was that accepted by the Judge at the first attempt, or did he have to go to a higher court to get the appeal heard?  Was it actually heard at all - or was it not allowed to be heard?    All I know is that it failed - whether it failed to be heard or was heard and then thrown out -  I don't know.

Anyone got any info on this?   It might give us a clue as to how these things work in practise - although I realise  that his previous failed appeal was in a Criminal court and so might not apply to this appeal.

I think this says that his appeal was heard and rejected ....

http://www.dn.pt/inicio/portugal/interior.aspx?content_id=1882361

Carana beat me to the punch, I see ....

[Carana]

Thanks for that info Carana.

It would be interesting to find the court ruling on that.

I'm not sure what was thought to be unconstitutional.

The basis of the appeal appears to have been that there elements that had been errors or elements that have been overlooked, etc. It clearly didn't work, though. As the sentences were upheld, it couldn't have gone to the Supreme Court, so that was the end of that.

[Benice]

I think this says that his appeal was heard and rejected ....

http://www.dn.pt/inicio/portugal/interior.aspx?content_id=1882361

Carana beat me to the punch, I see ....

Thanks Ferryman.   I'm assuming that Amaral accepted the first rejection - and did not choose to take it further - although from what I have read here - he could have done.

[Carana]

Thanks Ferryman.   I'm assuming that Amaral accepted the first rejection - and did not choose to take it further - although from what I have read here - he could have done.

I don't think so. In theory, if the appellate ruling is identical, then it can't go to the Supreme Court.

There are a few confusing instances of where there appear to have been more than appeal, but I'm not aware of the full circumstances. Possibly slightly different rulings, and counter appeals dragging on.

[G-Unit]

There seems to be confirmation now that Amaral's appeal has been filed and replied to by the McCanns;

Dr Correia told us: “You are right. Gonçalo Amaral made an appeal on 15th June, and we replied on 13th July”. - See more at: http://portugalresident.com/brits-send-maddie-cop%E2%80%99s-appeal-fund-to-%E2%82%AC50000#sthash.xHhk1RNg.dpuf

[mercury]

Thanks GU, hopefully that puts an end to previous arguments. Interestng article

Brits send Maddie cop’s appeal fund to €50,000

The wave of public support for former PJ investigator Gonçalo Amaral has hit a new record this week, with over €50,000 now amassed to help him fight his appeal over the €500,000-plus damages awarded against him in the long-running civil action taken out by the parents of Madeleine McCann.

But as supporters shared the news, calling it a victory for “people who put their heads above the parapet”, an internet campaign trying to prove “there is no appeal” and that Amaral is simply raising money under false pretences is trying to gather steam.

In a bid to establish the true picture, the Resident has been in touch with the offices of Isabel Duarte and Ricardo Correia, the lawyers acting for the McCanns.

Dr Correia told us: “You are right. Gonçalo Amaral made an appeal on 15th June, and we replied on 13th July”.

As to the length of time this appeal is likely to take, he was unsure.

“It is an appeal that goes up in the ranking of the courts”, he told us, adding it would take “at least a month”.

And as to why no lay person has been able to access these details via Portugal’s judicial website, CITIUS, he explained:

“You aren’t able to get details unless you have a password and a log-in”.

As a lawyer, you “don’t see any lawyer’s cases, just your own”, he added, which explains why anyone trying to research this case and where it stands will only ever find screenshots.

With the August judicial holiday almost upon us, the chances of Amaral’s appeal being heard before October look slim - but in the meantime, the online appeal to help him pay legal costs is ongoing.

Intriguingly, this appeal that has joined over 2,000 people - many of them giving small amounts every week - has been virtually ignored by mainstream media.

No one is sure why it is being ignored, but certainly the truth is that anyone who publicises it will then find themselves vilified online.

As a legal expert agreed, “it is a curious mark of this case that anyone who does not comply with the accepted storyline will find him or herself being insulted, harassed and generally abused. I can see a story there, actually”.

It is indeed a story. And as the expert warned: “You do realise that the minute you stop this rumour, they will find another one to bug you with, don’t you?”

[G-Unit]

Has someone been reading this thread? 

But as supporters shared the news, calling it a victory for “people who put their heads above the parapet”, an internet campaign trying to prove “there is no appeal” and that Amaral is simply raising money under false pretences is trying to gather steam.

[jassi]

Has someone been reading this thread? 

But as supporters shared the news, calling it a victory for “people who put their heads above the parapet”, an internet campaign trying to prove “there is no appeal” and that Amaral is simply raising money under false pretences is trying to gather steam.

Some people are so desperate that they'll try anything 

[mercury]

Has someone been reading this thread? 

But as supporters shared the news, calling it a victory for “people who put their heads above the parapet”, an internet campaign trying to prove “there is no appeal” and that Amaral is simply raising money under false pretences is trying to gather steam.

Possibly, but any journo following developments will have a butcher's at all the brighter, and , err, darker ,corners of the net.Wouldn't be doing their job properly if they didn't. Informed and impartial is the name of the game.Some Britsh press could learn a thing or two off the "banana republic" 's media!

LOL

[stephen25000]

Has someone been reading this thread? 

But as supporters shared the news, calling it a victory for “people who put their heads above the parapet”, an internet campaign trying to prove “there is no appeal” and that Amaral is simply raising money under false pretences is trying to gather steam.

If these people were so sure of the mccanns winning the appeal, they wouldn't be trying this stupidity.

Well, it takes all sorts.

[Brietta]

If these people were so sure of the mccanns winning the appeal, they wouldn't be trying this stupidity.

Well, it takes all sorts.

Actually ... it is Mr Amaral whose appeal may be heard ... so in those circumstances it would be for him to win or lose it.

[stephen25000]

Actually ... it is Mr Amaral whose appeal may be heard ... so in those circumstances it would be for him to win or lose it.

I stand corrected.

However, of course, if Amaral wins, the McCanns lose.

Bye bye to the award.

[G-Unit]

Actually ... it is Mr Amaral whose appeal may be heard ... so in those circumstances it would be for him to win or lose it.

May be heard? Will be examined along with the reply filed by the McCann's lawyers.

[Brietta]

May be heard? Will be examined along with the reply filed by the McCann's lawyers.

Any idea why the journalist did not approach Mr Amaral's lawyer for her information but had to rely instead on the Drs McCann lawyers?