Author Topic: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.  (Read 853778 times)

0 Members and 2 Guests are viewing this topic.

Offline Jean-Pierre

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #4095 on: December 11, 2015, 02:33:43 PM »
There are various options available to him.

The legal position is that if the appeal court agrees the verdict of the first court then judgement becomes final.  No further appeal would be allowed and he would have to pay up.

If the court of second instance disagrees then the appeal may proceed to the Supreme Court.

ferryman

  • Guest
Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #4096 on: December 11, 2015, 02:37:35 PM »
The legal position is that if the appeal court agrees the verdict of the first court then judgement becomes final.  No further appeal would be allowed and he would have to pay up.

If the court of second instance disagrees then the appeal may proceed to the Supreme Court.

I haven't ...

Offline Mr Gray

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #4097 on: December 11, 2015, 02:38:47 PM »
The legal position is that if the appeal court agrees the verdict of the first court then judgement becomes final.  No further appeal would be allowed and he would have to pay up.

If the court of second instance disagrees then the appeal may proceed to the Supreme Court.

That is precisely as I understood it
No other options

Offline Jean-Pierre

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #4098 on: December 11, 2015, 02:44:19 PM »
judgement would become final and payment due.  As the money is apparently held in court it would be quick.

But thinking of amarals options in that eventuality - he has often mentioned a counter claim against the mccanns and that remains possible.  Although I struggle to think on what grounds.

Offline John

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #4099 on: December 11, 2015, 04:17:12 PM »
judgement would become final and payment due.  As the money is apparently held in court it would be quick.

But thinking of amarals options in that eventuality - he has often mentioned a counter claim against the mccanns and that remains possible.  Although I struggle to think on what grounds.

That is more or less a fair summation.  If the appeal is upheld  and Mr Amaral wins and sees his assets unfrozen after six years of litigation the McCanns can also appeal. That would involve an appeal to the Supreme Court, and then even to the Constitutional Court.

Should Amaral lose the fight he could raise a case against Portuguese justice in the European Court of Human Rights on the basis of freedom of expression.  Whatever happens it could be years before the matter is fully resolved.

There is also every possibility that Amaral could raise his own civil proceedings against the McCanns.
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Alfred R Jones

  • Guest
Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #4100 on: December 11, 2015, 04:21:21 PM »
That is more or less a fair summation.  If the appeal is upheld  and Mr Amaral wins and sees his assets unfrozen after six years of litigation the McCanns can also appeal. That would involve an appeal to the Supreme Court, and then even to the Constitutional Court.

Should Amaral lose the fight he could raise a case against Portuguese justice in the European Court of Human Rights on the basis of freedom of expression.  Whatever happens it could be years before the matter is fully resolved.

There is also every possibility that Amaral could raise his own civil proceedings against the McCanns.
On what basis?

Offline Mr Gray

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #4101 on: December 11, 2015, 04:45:59 PM »
That is more or less a fair summation.  If the appeal is upheld  and Mr Amaral wins and sees his assets unfrozen after six years of litigation the McCanns can also appeal. That would involve an appeal to the Supreme Court, and then even to the Constitutional Court.

Should Amaral lose the fight he could raise a case against Portuguese justice in the European Court of Human Rights on the basis of freedom of expression.  Whatever happens it could be years before the matter is fully resolved.

There is also every possibility that Amaral could raise his own civil proceedings against the McCanns.

this case is not about freedom of expression...its about amaral breaking a Portuguese law relating to not allowing the McCanns the presumption of innocence ...which they are guaranteed under European law...that's why I don't think he has a case to take to Europe. Secondly I don't think an appeal to the European court could over ride the Portuguese judgement and amaral would be forced to pay damages...in the hope that his European appeal would see the money returned

Offline John

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #4102 on: December 11, 2015, 05:04:26 PM »
On what basis?

It wouldn't be appropriate for me to publish this information on a public forum.
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline Mr Gray

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #4103 on: December 11, 2015, 05:09:40 PM »
It wouldn't be appropriate for me to publish this information on a public forum.

I think we are all aware of the facts in this case...amaral is toast as I have said before...if he had a case against the McCanns he would have started things by now...if you can't give any details your comments can only be viewed as pure speculation. You have posted several times that you could not see how the judge could make a judgement when Maddie's fate was not known...you were wrong on that so unfortunately your track record is not too good

Offline Angelo222

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #4104 on: December 11, 2015, 05:10:53 PM »
this case is not about freedom of expression...its about amaral breaking a Portuguese law relating to not allowing the McCanns the presumption of innocence ...which they are guaranteed under European law...that's why I don't think he has a case to take to Europe. Secondly I don't think an appeal to the European court could over ride the Portuguese judgement and amaral would be forced to pay damages...in the hope that his European appeal would see the money returned

You obviously haven't read the judgement then.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Alfred R Jones

  • Guest
Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #4105 on: December 11, 2015, 05:11:19 PM »
It wouldn't be appropriate for me to publish this information on a public forum.
What information are you talking about?  I'm only asking your  opinion re: what possible reason Amaral could have for suing the McCanns.

Offline Angelo222

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #4106 on: December 11, 2015, 05:12:23 PM »
I think we are all aware of the facts in this case...amaral is toast as I have said before...if he had a case against the McCanns he would have started things by now...if you can't give any details your comments can only be viewed as pure speculation. You have posted several times that you could not see how the judge could make a judgement when Maddie's fate was not known...you were wrong on that so unfortunately your track record is not too good

John is correct, any judgement could be overturned when the truth comes out. 
« Last Edit: December 11, 2015, 05:21:50 PM by John »
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline Mr Gray

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #4107 on: December 11, 2015, 05:13:35 PM »
You obviously haven't read the judgement then.

I have...do you not understand that one of the major reason for damages was the presumption of innocence issue...you got  a lot wrong yesterday.....it seems you are wrong again today

Offline Mr Gray

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #4108 on: December 11, 2015, 05:17:07 PM »
John is correct, any judgement could be overturned when the truth comes out.  Take care with your bitchy comments davel, you are already on a warning.

John did claim exactly as I posted...so his track record is not too good...what is wrong with taht

Offline Jean-Pierre

Re: Gonçalo Amaral confirms he will appeal the damages decision to higher Court.
« Reply #4109 on: December 11, 2015, 05:19:46 PM »
It wouldn't be appropriate for me to publish this information on a public forum.

Of course.  (Touches nose knowingly)

Come off it john.  This isn't the first time you've tried the secret squirrel stuff.