Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.

[jassi]

That's because the supporters are wedded to the McCanns in a way that the sceptics are not to Amaral. IMO

[misty]

I was just reading the comments on this thread;

Re: Madeleine McCann's parents win €500k in damages against former police chief.

Lots of praise for the Portuguese Justice system from the supporters, not much criticism of it by the sceptics. The supporters seem to base their opinions solely on whether the McCanns gain or lose.

From a totally impartial point of view, what do you think of a system which allows the appeal court to overrule almost every decision on supposed points of law made by a judge in a lower court?

[ferryman]

I was just reading the comments on this thread;

Re: Madeleine McCann's parents win €500k in damages against former police chief.

Lots of praise for the Portuguese Justice system from the supporters, not much criticism of it by the sceptics. The supporters seem to base their opinions solely on whether the McCanns gain or lose.

Madeleine and the McCanns (equally between them) are the victims; Madeleine of an abductor, the McCanns, of losing a loved and treasured daughter; then being pursued in a vindictive and calculated manner by the man who bungled an investigation that culminated in them being accused of murdering their daughter.

What do you expect?

[jassi]

From a totally impartial point of view, what do you think of a system which allows the appeal court to overrule almost every decision on supposed points of law made by a judge in a lower court?

That's the purpose of an Appeal court.  Otherwise why have one?

[Alice Purjorick]

Interesting you should think that, Alice.  Do you think they will be refused leave to appeal?

I think an application will be made because the Drs McCann have no choice.
Quite how the Supreme Court will deal with it is another matter. Courts at that level, in whatever country, are usually only concerned with major points of law, which may be confused in the broader sense, which require clarification, judgment and ruling by senior advocates.
The only confusion on here is that we don't understand Portuguese law so we are really in no position to make a valid judgment on the ins and outs. Googling doesn't count !
For example the judicial secrecy bit. My understanding is that it is not a brick wall and to an extent at the discretion of the examining magistrate ie if he wants something "leaked" he has the authority to do it. Which imo puts it, as a crime, in the same bracket as in days gone by of not signing your driving licence. No one takes any notice unless you get lippy with the law then they do take notice.

[jassi]

Madeleine and the McCanns (equally between them) are the victims; Madeleine of an abductor, the McCanns, of losing a loved and treasured daughter; then being pursued in a vindictive and calculated manner by the man who bungled an investigation that culminated in them being accused of murdering their daughter.

What do you expect?

I can understand the McCanns being a tad upset about this, but why are others, such as yourself, so worked up on their behalf?

[Eleanor]

I humbly beg to differ.

I think the basis on which Amaral was handed judgement in this, latest, court ruling is a pile of crock.

I find it hard to believe that the judge in the previous judgement (in favour of the McCanns) would have overlooked something as basic (in favour of Amaral) as that the McCanns had no right to redress because Amaral's book was published a few days after archiving.

I'm sure she would have fully considered that and rejected the claim (by the McCanns) if it applied.

We can discuss this until the cows come home, but it won't make any difference at the moment.

[Eleanor]

I was just reading the comments on this thread;

Re: Madeleine McCann's parents win €500k in damages against former police chief.

Lots of praise for the Portuguese Justice system from the supporters, not much criticism of it by the sceptics. The supporters seem to base their opinions solely on whether the McCanns gain or lose.

It is ever thus.

[Alice Purjorick]

what goes on on amazon has nothing to do with this forum

Quite so Carly.

[Eleanor]

I think an application will be made because the Drs McCann have no choice.
Quite how the Supreme Court will deal with it is another matter. Courts at that level, in whatever country, are usually only concerned with major points of law, which may be confused in the broader sense, which require clarification, judgment and ruling by senior advocates.
The only confusion on here is that we don't understand Portuguese law so we are really in no position to make a valid judgment on the ins and outs. Googling doesn't count !
For example the judicial secrecy bit. My understanding is that it is not a brick wall and to an extent at the discretion of the examining magistrate ie if he wants something "leaked" he has the authority to do it. Which imo puts it, as a crime, in the same bracket as in days gone by of not signing your driving licence. No one takes any notice unless you get lippy with the law then they do take notice.

This is true.  Too much emotion going on around here.  That will never solve anything In Law.

[ferryman]

I can understand the McCanns being a tad upset about this, but why are others, such as yourself, so worked up on their behalf?

Worked up?

We read the vehement denunciation and traducement of the McCanns and we respond in kind.

Worked up?

Perhaps on both sides.

Dunno ....

[Carana]

I think an application will be made because the Drs McCann have no choice.
Quite how the Supreme Court will deal with it is another matter. Courts at that level, in whatever country, are usually only concerned with major points of law, which may be confused in the broader sense, which require clarification, judgment and ruling by senior advocates.
The only confusion on here is that we don't understand Portuguese law so we are really in no position to make a valid judgment on the ins and outs. Googling doesn't count !
For example the judicial secrecy bit. My understanding is that it is not a brick wall and to an extent at the discretion of the examining magistrate ie if he wants something "leaked" he has the authority to do it. Which imo puts it, as a crime, in the same bracket as in days gone by of not signing your driving licence. No one takes any notice unless you get lippy with the law then they do take notice.

Senior authorities can make public statements when warranted (e.g., to keep the peace).

Interminable leaks by the PJ or any other odd-bod in officialdom, which led to a media blitz of insinuated guilt  throughout the investigation wouldn't be covered by that, as far as I'm aware.

[jassi]

Worked up?

We read the vehement denunciation and traducement of the McCanns and we respond in kind.

Worked up?

Perhaps on both sides.

Dunno ....

Why ?  I genuinely don't understand why all the angst.

[carlymichelle]

Worked up?

We read the vehement denunciation and traducement of the McCanns and we respond in kind.

Worked up?

Perhaps on both sides.

Dunno ....

it makes  you look a  tad    too  emotionally involved 

[misty]

That's the purpose of an Appeal court.  Otherwise why have one?

I agree Appeal Courts are essential to justice. However, in this case, is the overturning of the conclusions made by the judge a reflection of the evidence submitted or a decision based on the judge's interpretation of the law?