Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.

[Mr Gray]

According to the supporters anyone who disagrees with any part of the McCann's story is part of an organised 'gang' of sceptics whose mission in life is to increase the suffering of the innocent parents of Madeleine McCann and to stop anyone looking for her.

As they often do, they've got it wrong. The non-supporters on here hold a variety of opinions about the case, they are not an organised group and do not wish to increase anyone's suffering or to stop anyone looking for or finding Madeleine.

I advise that you stand your ground and refuse to be pigeon-holed.

could you provide some sort of cite for your claim that supporters claim there is an organised gang of sceptics...again you  show you are not in touch with reality

[G-Unit]

Joana Morais?

Anne Guides?

Volunteer translators ferryman. Like the ones who translated the (selected) parts of the official files you're so fond of quoting. Without these people you would have nothing to quote from.

[Mr Gray]

According to the supporters anyone who disagrees with any part of the McCann's story is part of an organised 'gang' of sceptics whose mission in life is to increase the suffering of the innocent parents of Madeleine McCann and to stop anyone looking for her.

As they often do, they've got it wrong. The non-supporters on here hold a variety of opinions about the case, they are not an organised group and do not wish to increase anyone's suffering or to stop anyone looking for or finding Madeleine.

I advise that you stand your ground and refuse to be pigeon-holed.

anyone who doesn't believe the McCanns version of events is by definition a McCann sceptic and belongs in the sceptic pigeonhole...just as supporters belong in the supporters pigeonhole

[ferryman]

You still don't get it do you?

Gonçalo Amaral had been ordered to compensate Kate and Gerry McCann after his book alleged they were involved in their daughter’s disappearance
 Kate and Gerry McCann
 Kate and Gerry McCann took the decision in their stride, according to Lisbon lawyer Isabel Duarte. Photograph: Mario Cruz/EPA
Staff and agencies
Wednesday 20 April 2016 00.27 BST Last modified on Wednesday 20 April 2016 09.40 BST
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An appeals court in Portugal has overturned the libel conviction of a former Portuguese detective who published a book alleging the parents of Madeleine McCann were involved in their daughter’s disappearance, the parents’ lawyer said.

Lisbon lawyer Isabel Duarte told Associated Press she was notified of the court’s decision to uphold Gonçalo Amaral’s appeal against the order to pay Kate and Gerry McCann €500,000 (£394,000) in compensation. That ruling was handed down by a lower court in Lisbon a year ago, prompting Amaral to appeal.

Duarte said she intended to fight the decision at the supreme court, though she had not yet assembled her legal arguments.

Amaral was part of the police investigation into Madeleine’s disappearance from a holiday apartment in Portugal’s Algarve region in May 2007, days before her fourth birthday. In 2008 he published his book about the case called The Truth of the Lie.

 Gonçalo Amaral poses with his book
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 Gonçalo Amaral poses with his book, whose title translates as The Truth of the Lies, during its 2008 launch in Lisbon. Photograph: Joao Henriques/AP
The McCanns sought €1.2m in damages from Amaral, saying they were “totally destroyed” and “depressed” by Amaral’s allegations, and felt “ashamed” that they might appear to have been to blame for their daughter’s disappearance.

Amaral had argued in his defence that his claims stemmed from the police investigation and that Portuguese media had already reported the possibility that the parents might have played a role in Madeleine’s disappearance.

The appeals court “decided that [Amaral] had the right to do what he did,” said Duarte. “It said he can write what he wants. It absolved him, said he didn’t have to pay anything.”

The lawyer said the McCanns took the reversal in their stride after a long time battling in Portuguese courts. “They’re used to it,” Duarte said.

Portuguese police closed the case in 2008 because authorities had detected no crime, but British police are still looking into it.

Detective chief superintendent Mick Duthie told London’s Evening Standard on Monday that Scotland Yard’s probe was ongoing and officers still hoped to find her alive.

In April the Home Office granted the investigation, called Operation Grange, £95,000 to cover another six months of the inquiry. This came after the number of officers working on the operation was scaled down from 29 to four in October 2015.

Duthie, who is head of Scotland Yard’s homicide and major crime command, said: “There is ongoing work. There is always a possibility that we will find Madeleine and we hope that we will find her alive.

“That’s what we want and that’s what the family and the public want and that is why the Home Office continue to fund it. There is work that needs to be done still.”

I have underlined the key part from the report.

It ignores that Amaral breached judicial secrecy in writing his book (but not in releasing it for sale to the general public).

[stephen25000]

I have underlined the key part from the report.

It ignores that Amaral breached judicial secrecy in writing his book (but not in releasing it for sale to the general public).

You only give extracts which suit your agenda.

The judgement on Tuesday was comprehensive.

The mccanns LOST.

Get over it.

[ferryman]

You only give extracts which suit your agenda.

The judgement on Tuesday was comprehensive.

The mccanns LOST.

Get over it.

Extracts?

It's a complete quote.

[ShiningInLuz]

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

I'm not sure about this one.  The book was written (introduction) as if the investigation was ongoing.  Amaral writes about not wishing to interfere with an ongoing investigation.

I accept the book came out very shortly after the investigation closed, so I suspect a fair bit of positioning was in play.

I cannot see how references to the final archiving report or the drawings based on the forensic investigation in 5A on 4 May could possibly be in print in the time space between archival and book launch.

But this does not appear to be a point of relevance WRT the latest judgement.

[stephen25000]

Extracts?

It's a complete quote.

NO ferryman.

The whole of Tuesdays JUDGEMENT.

[jassi]

I'm not sure about this one.  The book was written (introduction) as if the investigation was ongoing.  Amaral writes about not wishing to interfere with an ongoing investigation.

I accept the book came out very shortly after the investigation closed, so I suspect a fair bit of positioning was in play.

I cannot see how references to the final archiving report or the drawings based on the forensic investigation in 5A on 4 May could possibly be in print in the time space between archival and book launch.

But this does not appear to be a point of relevance WRT the latest judgement.

Exactly

[Alice Purjorick]

I have underlined the key part from the report.

It ignores that Amaral breached judicial secrecy in writing his book (but not in releasing it for sale to the general public).

What I see is that you have underlined a quote by Isabel Duarte and are trying to pass it off as part of the judgment.
Why don't you provide us with a link to the translation of the 16 page judgment upon which you say you are relying.

[ferryman]

What I see is that you have underlined a quote by Isabel Duarte and are trying to pass it off as part of the judgment.
Why don't you provide us with a link to the translation of the 16 page judgment upon which you say you are relying.

I have provided a link to the basis of the judgement, which is that Amaral can say anything he wants (to s/he who is willing, no harm can come).

That principle would, indeed, apply (under Portuguese law) if Amaral had not breached secrecy in assembling material for, and writing, his book -- before its release to the general public.

In writing his book (and preparing it for publication) Amaral breached judicial secrecy.

Therefore the principle does not apply.

Therefore Amaral should be held accountable for his lies.

[Alice Purjorick]

I'm not sure about this one.  The book was written (introduction) as if the investigation was ongoing.  Amaral writes about not wishing to interfere with an ongoing investigation.

I accept the book came out very shortly after the investigation closed, so I suspect a fair bit of positioning was in play.

I cannot see how references to the final archiving report or the drawings based on the forensic investigation in 5A on 4 May could possibly be in print in the time space between archival and book launch.

But this does not appear to be a point of relevance WRT the latest judgement.

It would only be a point of relevance, imo, were he being tried for a breach of judicial secrecy, which he is not, and then it would be flaky.
The point at issue is was the information in the public domain other than by means of Sr Amarals book. At the time the writ was taken out nearly twelve months after the book first went on sale the answer is an undoubted yes.
Added to which much of the stuff was in circulation before the book was published which was taken into consideration by the appeal judges:

Snippet from the Appeal Court Ruling with regard to the witness statements made by Michael Terrence Wright, Alan Robert Pike and Angus Keith McBride:

“Witness statements which show that, already before the publication of the book and documentary in question, there were theories and theses identical to those of GA circulating publicly, mainly on Internet, with the plaintiffs' full knowledge.

Whilst the feelings given as proven in the facts were true, being those of rage, despair, anguish, unrest or worry, namely with regard to what the twins might think, the truth is that these reasons already existed before any intervention on the part of the defendent.
The same can be said with regard to the insomnia and lack of appetite.

The Court being obliged to take into consideration that the statements are all made by witnesses close to the plaintiffs (family member, psychologist and lawyer) and that, notably in their statements, they always end up in trying to undermine the theses previous to the book and documentary and, naturally, over-emphasising the impact of the latter on the plaintiffs’ state of mind.

This was the case especially of the witness Michael Terence Wright, who was in charge of the accompanying the plaintiffs after the disappearance of MBM, in the promotion of campaigns and in the monitoring of sites and information circulated on the Internet.

A witness whom, upon analysis, was discredited by the Court (and rightly so) for possessing handwritten organised notes in an almost perfect chronological order containing the topics of the replies to the questions he was asked during the final court session”. 

[Mr Gray]

any news on whether amarals assets are unfrozen...the silence is deafening...

[stephen25000]

I have provided a link to the basis of the judgement, which is that Amaral can say anything he wants (to s/he who is willing, no harm can come).

That principle would, indeed, apply (under Portuguese law) if Amaral had not breached secrecy in assembling material for, and writing, his book -- before its release to the general public.

In writing his book (and preparing it for publication) Amaral breached judicial secrecy.

Therefore the principle does not apply.

Therefore Amaral should be held accountable for his lies.

How do you the mccanns have told the truth ferryman  ?

Well, of course you don't, do you.

[Alice Purjorick]

any news on whether amarals assets are unfrozen...the silence is deafening...

You know the answer to that.
They stay frozen for at least another 28 days. Then the court rules.
Why ask stupid questions ?