Author Topic: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.  (Read 533493 times)

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Offline Eleanor

What truth am I twisting Eleanor ?

La verite ?

There is no absolute truth, Stephen.

Offline Eleanor

I'm not suggesting anything.
The McCanns view regarding publication of Amaral's book has never been tested in  law because sellers/publishers have so far declined to take it to court.
I was wondering whether separate writs would be required for England & Scotland.

Probably.

Offline Eleanor

And presumably additional cost.

Irrelevant.

ferryman

  • Guest
Brietta made the same mistake a short while ago, presumptiom of innocence (in a legal setting) i s not the same as innocence...and statng it as fact as you and others do

in a free thnking world setting, no one has any right to dictate thoughts...thats fascism dear not the fascism you davel and others talked about earlier

Of course no one can dictate thoughts.  But individuals can exercise autonomy not to accuse without foundation.

The Portuguese courts (disgracefully) appear on the brink of upholding Amaral's right to do precisely that.

Offline Eleanor

Brietta made the same mistake a short while ago, presumptiom of innocence (in a legal setting) i s not the same as innocence...and statng it as fact as you and others do

in a free thnking world setting, no one has any right to dictate thoughts...thats fascism dear not the fascism you davel and others talked about earlier

Brietta doesn't make mistakes.  Belay that Pipe.

Offline Eleanor

@)(++(*  dogs have higher  IQ then some humans

Indeed they do.

stephen25000

  • Guest
Brietta doesn't make mistakes.  Belay that Pipe.

Everyone makes mistakes.

Offline Alice Purjorick

Brietta doesn't make mistakes.  Belay that Pipe.

In that case Brietta has never tried anything new.
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline Brietta

Brietta made the same mistake a short while ago, presumptiom of innocence (in a legal setting) i s not the same as innocence...and statng it as fact as you and others do

in a free thnking world setting, no one has any right to dictate thoughts...thats fascism dear not the fascism you davel and others talked about earlier


You have totally lost me.  However it is interesting to see that at least up until August 2014 Portugal were adhering to Article 6 of the ECHR ... wonder what happened to change that.

No doubt all may be revealed in the fullness of time.


Report on Portugal
Section 1
Decisions of violation of Article 5 and 6 of the European Convention on Human Rights
(ECHR) by Portugal in criminal proceedings over the last two years, as determined by
the European Court of Human Rights (ECtHR)

The following sets out the number of violation decisions the ECtHR has made against
Portugal under Articles 5 and 6, since April 2012 up to the date of this country report.

Overview of violation findings:

(b) Article 6

 Right to be presumed innocent until proven guilty [Article 6 (2)] – no breaches.

https://www.fairtrials.org/wp-content/uploads/Report-on-Portugal-2.pdf
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline faithlilly

What's news about that?

Always been the case, and will remain the case even if Portuguese courts decide irrevocably that Amaral's baseless accusations are not libel in Portugal

What piece of legislation will they use ferryman ? Who will pay for the litigation ?
Brietta posted on 10/04/2022 “But whether or not that is the reason behind the delay I am certain that Brueckner's trial is going to take place.”

Let’s count the months, shall we?

Offline G-Unit

The McCanns lawyer said this about the appeal;

'This decision was an appreciation of the law and not the facts.

Read more: http://www.dailymail.co.uk/news/article-3547951/Portuguese-detective-WINS-appeal-against-libel-defeat-Madeleine-McCann-s-parents-NOT-pay-500-000-damages.html#ixzz46P9CNi8H
Follow us: @MailOnline on Twitter | DailyMail on Facebook

That's interesting because the Lower Court judgement was based on an appreciation of the law and not the facts. It stands to reason, therefore, that the Appeal Court followed the same path and rejected the lower court judge's 'appreciation of the law'.

If a Supreme Court appeal is lodged it looks like she will base it on the facts, then. I assume by that she means the proven and unproven facts listed by the first judge.

Some of those facts were rejected by the Supreme Court when they overturned the interim ban on Amaral's book in 2010, so it will be interesting to see what they decide if they are asked to reconsider them. This is what they said in 2010;
The McCann couple alleges that Gonçalo Amaral's book, as well as the interviews that he gave about it, prompt "a serious and hardly reparable damage" to their family, especially to the twins, Sean and Amelie. They invoked damages to the protection of their private and family life and damages to their good name and their image rights.

"the contents of the book does not offend any of the applicants' fundamental rights. The exercise of its writing and publication is included in the constitutional rights that are ensured to everyone by the European Convention of Human Rights and by the Portuguese Republic's Constitution"
http://www.mccannfiles.com/id344.html

I think the lady may have her work cut out trying to persuade the Supreme Court that they were mistaken, but you never know.

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

Offline mercury


You have totally lost me.  However it is interesting to see that at least up until August 2014 Portugal were adhering to Article 6 of the ECHR ... wonder what happened to change that.

No doubt all may be revealed in the fullness of time.


Report on Portugal
Section 1
Decisions of violation of Article 5 and 6 of the European Convention on Human Rights
(ECHR) by Portugal in criminal proceedings over the last two years, as determined by
the European Court of Human Rights (ECtHR)

The following sets out the number of violation decisions the ECtHR has made against
Portugal under Articles 5 and 6, since April 2012 up to the date of this country report.

Overview of violation findings:

(b) Article 6

 Right to be presumed innocent until proven guilty [Article 6 (2)] – no breaches.

https://www.fairtrials.org/wp-content/uploads/Report-on-Portugal-2.pdf

There is nothing much to be lost about, my point was that you stated as a fact that the mccanns were innocent, when it is not an established fact, just a presumed as such right, just as i said to ferryman when making such statements

Offline mercury

Of course no one can dictate thoughts.  But individuals can exercise autonomy not to accuse without foundation.

The Portuguese courts (disgracefully) appear on the brink of upholding Amaral's right to do precisely that.
No, they did not, as he made his thesis from the police investigation, remember he was REMOVED in oct 07

ferryman

  • Guest
No, they did not, as he made his thesis from the police investigation, remember he was REMOVED in oct 07

The first enquiry was shelved in August 2008, with an archiving dispatch making plain there was no foundation or basis of accusation against the McCanns.

Then Amaral wrote a book saying TheMcCannsdunit.

And his right to say that appears on the brink of being upheld.

Disgraceful ....

Offline Alice Purjorick

The first enquiry was shelved in August 2008, with an archiving dispatch making plain there was no foundation or basis of accusation against the McCanns.

Then Amaral wrote a book saying TheMcCannsdunit.

And his right to say that appears on the brink of being upheld.

Disgraceful ....

Yeah we heard you the first time about twenty pages ago.
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey