Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.

[Alice Purjorick]

Would anyone care to express an opinion on why The McCanns won the judgement at the first trial?  The one that has just been overturned.

The judge found in favour on one point.
60% of the claim was kicked out first time around hence the judge awarded 60% of court costs against the McCanns.
The judge's contention was that Sr Amaral had profited from privileged information and that even when retired as a civil servant it was his duty to uphold the McCann's right to be considered innocent until proven guilty. As a result of this the amount he profited by was removed from him and given to the McCanns.
Somewhere floating about on here there is the translation of the full original judgement.
The present judgement seems to be based on Sr Amaral's right to freedom of speech overriding some arcane Portuguese civil service rule.
Don't forget there has already been an attempt to "do him" for breaching secrecy and fell on it's duff.

[stephen25000]

I haven't assumed anything...you now accept it may go to the supreme court...it is therefore not over

Have you actually read Portuguese sources in law, as regards civil cases and the Supreme Court ?

[stephen25000]

The judge found in favour on one point.
60% of the claim was kicked out first time around hence the judge awarded 60% of court costs against the McCanns.
The judge's contention was that Sr Amaral had profited from privileged information and that even when retired as a civil servant it was his duty to uphold the McCann's right to be considered innocent until proven guilty. As a result of this the amount he profited by was removed from him and given to the McCanns.
Somewhere floating about on here there is he translation of the full original judgement.
The present judgement seems to be based on Sr Amaral's right to freedom of speech overriding some arcane Portuguese cicil service rule.
Don't forget there has already been an attempt to "do him" for breaching secrecy and fell on it's duff.

Yet the information was already in the public domain.

[Mr Gray]

Have you actually read Portuguese sources in law, as regards civil cases and the Supreme Court ?

Duarte says she intends to appeal
I would think she understands Portuguese law

SIL - modified to separate quote from reply.

[Alice Purjorick]

Amaral seeking damages 'his good name has been called into question'    he was an 'arguido' at the time he was co-ordinator.    I think his 'good name' had already been called into question.

Anyway,    the same goes for him doesn't it,   it was no one else's fault but his own that he messed up the case and got thrown off it.

This true.
It is all reminiscent of the famous libel case between Peregrine Worsthorne and Andrew Neil. Good for a laugh for the spectators but an excruciating embarrassment for the protagonists.

[stephen25000]

Well her success rate to date is hardly outstanding.

Have you looked up reference sources on this ?

[Mr Gray]

Well her success rate to date is hardly outstanding.

Have you looked up reference sources on this ?

Duarte has said she will appeal...amarals assets are still frozen...

[jassi]

I would hope she understands Portuguese Law, otherwise she is taking money under false pretences.

[stephen25000]

Duarte has said she will appeal...amarals assets are still frozen...

It doesn't mean any appeal will be allowed.

Just read up on civil cases and the Supreme Court in Portugal.

and don't worry, Amaral, sooner rather than later will have his assets released, whilst the mccanns legal bills will continue to escalate.

Perhaps at long last, they will have to downsize, or maybe kate mccann will have to return to work.

[Alice Purjorick]

Yet the information was already in the public domain.

Indeed and that seems to be the sticking point with some.
The issue is whether or not the information was in the public domain before Sr Amaral's book was published not how long it took to write the book and set up printing presses.
The key dates will be:
When was the archiving report issue into the public domain.
When was Sr Amaral's book on sale.
QED

[jassi]

It doesn't mean any appeal will be allowed.

Just read up on civil cases and the Supreme Court in Portugal.

and don't worry, Amaral, sooner rather than later will have his assets released, whilst the mccanns legal bills will continue to escalate.

Perhaps at long last, they will have to downsize, or maybe kate mccann will have to return to work.

Nah, they'd just refuse to pay it. Not like they have any assets in Portugal that can be seized.

[Mr Gray]

It doesn't mean any appeal will be allowed.

Just read up on civil cases and the Supreme Court in Portugal.

and don't worry, Amaral, sooner rather than later will have his assets released, whilst the mccanns legal bills will continue to escalate.

Perhaps at long last, they will have to downsize, or maybe kate mccann will have to return to work.

you sound as though you are about to b low a gasket.....kate could write another best seller tomorrow

[ferryman]

Indeed and that seems to be the sticking point with some.
The issue is whether or not the information was in the public domain before Sr Amaral's book was published not how long it took to write the book and set up printing presses.
The key dates will be:
When was the archiving report issue into the public domain.
When was Sr Amaral's book on sale.
QED

Not a sticking-point at all.

The book was published after the files were released.

Breach of judicial secrecy (in preparing the book for publication) occurred before publication (and release to the general public) of the book.

The judge at the court of first-instance understood that, and that's why she handed down the judgement she did.

The appeal-court judges ignored that point.

Let us hope the court of further appeal (the Supreme Court) address and remedy that anomaly.

[Montclair]

I am asking you the question, and I am not being rude.

What do you think SY believe happened ?

and I do not share your faith in the SY team.

I think that SY believe the same as the PJ did in September 2007.

[stephen25000]

Not a sticking-point at all.

The book was published after the files were released.

Breach of judicial secrecy (in preparing the book for publication) occurred before publication (and release to the general public) of the book.

The judge at the court of first-instance understood that, and that's why she handed down the judgement she did.

The appeal-court judges ignored that point.

Let us hope the court of further appeal (the Supreme Court) address and remedy that anomaly.

Dear oh dear.

You never learn, do you.

Stop typing the mccann mantra, and get a grip on reality.