Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.

[Eleanor]

I'm wondering if those judges even read the book and compared it to the Police Files,  they said he was allowed to write what was in the files but that wasn't,  and straight away people will think it was 'Madeleine's blood' especially coming from the co-ordinator of the case.

This worries me, although I am not sure if this is a Point in Law.  Is something someone said ever a point in Portuguese Law?

[Carana]

I'm wondering if those judges even read the book and compared it to the Police Files,  they said he was allowed to write what was in the files but that wasn't,  and straight away people will think it was 'Madeleine's blood' especially coming from the co-ordinator of the case.

Even though the former 'expert' coordinator apparently didn't understand the DNA results, there are enough elements in the files that make it clear that they meant little, one way or another.

Corte-Real (the head of the PT forensic institute) even explained the issue in GA's documentary, for heaven's sake.

[Carana]

This worries me, although I am not sure if this is a Point in Law.  Is something someone said ever a point in Portuguese Law?

In the a quo trial, there was an attempt to check the most salient points against the files. The a quo judge found that "a large part" / the "major part" was in there somewhere, but did not reflect the final analysis based on the totality of the files.

There were also a number of points that didn't appear in the files, but which the judge didn't get into questioning.

In any case, she'd stated from the outset that ascertaining the veracity was outside of the civil remit.

[Alice Purjorick]

I'm wondering if those judges even read the book and compared it to the Police Files,  they said he was allowed to write what was in the files but that wasn't,  and straight away people will think it was 'Madeleine's blood' especially coming from the co-ordinator of the case.

Do you have a cite for that. I cannot find it in the judgement.
They did say this however which is a bit different:

"Nevertheless, the exposed thesis, that the child died accidentally and that fact was concealed by the parents, who have broadcast, in order to deceive, the hypothesis of an abduction, is not new – the same is equally contained in the report which is mentioned under number 9 of the proven facts, determining the arguido constitution of said subjects of appeal [Kate and Gerry McCann], and was, after a copy of the inquiry was made public, published in the media (numbers 65 and 66 of proven facts)".

[xtina]

Rua Segura is a TV program where criminal cases & current issues are debated on CMTV. In this episode the reconstruction made by CMTV [see CMTV 'Maddie Case Special'] about the night when Madeleine disappeared was shown, followed by a very short debate with Dr. Carlos Anjos, former PJ inspector and with Prof. Rui Pereira, the former Minister of Internal Affairs.

Anchor - This disappearance continues to be shrouded in mystery. Moving on to the next point, the Court of Appeals decision which revoked the sentence that obliged Gonçalo Amaral to pay half a million euro to the parents of Maddie McCann. Carlos, is this ruling a victory for Gonçalo Amaral? Is it also, in some way, a victory for the thesis defended by the former PJ inspector?

Carlos Anjos - No, I don't think so. I do think that it redresses some fairness, some justice. The arguments of the Court of Appeals in my view... I could not comprehend the decision of the 1st instance court. I have a better understanding of this decision, and I understand this decision because knowing the Maddie case as I know, I followed it at the time, and having read the book that Gonçalo wrote, there isn't much in that book that is not on the process. In other words, Gonçalo did an overview of the process, wrote the facts, he had worked on the process, and the only novelty that exists in the book and not on the process is that the process doesn't arrive to a conclusion about what happened to Maddie. It's not able to, that is, there is no proof to indicate that the McCanns were responsible for the death of their daughter. A process does not provide opinions, in a penal process or a criminal one we are limited to ascertain facts. Gonçalo has exactly that factual description of what was proven, the reconstitution of what happened, and then according to all of his knowledge of the process, and of all the information that was compiled throughout the process and with the declarations of the McCanns, he concludes in the book that what had happened was a determined situation: that the child had died earlier due to negligence or due to an accidental death and that the responsibility was of the McCanns, but that was already public knowledge. That was on the process and the process was public. That's why I don't understand the 1st instance court, because it's exactly what the Court of Appeals has now said, that there is nothing in Gonçalo's book that wasn't already public knowledge.

 made by CMTV see CMTV 'Maddie Case Special'


http://joana-morais.blogspot.com/2016/04/media-comments-on-mccanns-v-goncalo.html

[Eleanor]

In the a quo trial, there was an attempt to check the most salient points against the files. The a quo judge found that "a large part" / the "major part" was in there somewhere, but did not reflect the final analysis based on the totality of the files.

There were also a number of points that didn't appear in the files, but which the judge didn't get into questioning.

In any case, she'd stated from the outset that ascertaining the veracity was outside of the civil remit.

So, we are back to what Amaral had a right to say without proof.

Might it have been different if it was a Criminal Prosecution?

[Mr Gray]

I hope I am wrong but am beginning to think that the portuguese courts have no respect for the human rights of individuals and place more emphasis on supporting the police....hence the accusation of residual fascism.
As Eleanor posted .. this case may go all the way to the ECHR who I am sure will respect the human rights of the McCanns.  IMO amaral has abused his right to free speech and at the moment the portuguese court has supported him. Hopefully the supreme court will apply the law correctly.

[Carana]

Do you have a cite for that. I cannot find it in the judgement.
They did say this however which is a bit different:

"Nevertheless, the exposed thesis, that the child died accidentally and that fact was concealed by the parents, who have broadcast, in order to deceive, the hypothesis of an abduction, is not new – the same is equally contained in the report which is mentioned under number 9 of the proven facts, determining the arguido constitution of said subjects of appeal [Kate and Gerry McCann], and was, after a copy of the inquiry was made public, published in the media (numbers 65 and 66 of proven facts)".

Unless we're thinking of different things, no. 9 was nothing other than Tavares de Almeida's interim report.

[Eleanor]

I hope I am wrong but am beginning to think that the portuguese courts have no respect for the human rights of individuals and place more emphasis on supporting the police....hence the accusation of residual fascism.
As Eleanor posted .. this case may go all the way to the ECHR who I am sure will respect the human rights of the McCanns.  IMO amaral has abused his right to free speech and at the moment the portuguese court has supported him. Hopefully the supreme court will apply the law correctly.

The Supreme Court probably will.  But at what point any of them get off on messing about with Human Rights remains a nonsense.

[Alice Purjorick]

Unless we're thinking of different things, no. 9 was nothing other than Tavares de Almeida's interim report.

I think the point being made throughout the judgement is that "Amaral's Thesis" for want of a better expression is that the child died accidentally and the parents covered it up. As that was a proposition put forward by the investigation team, was in the subsequently released archive documents and had been made in the press at the time arguido status was conferred then it had been in the public domain well before Amarals book was published and as such even as a retired policeman on the case he was entitled to discuss it and write about it.
The judgment as far as I can see imposes no stricture by way of "he can only say what is in the files".

[John]

I hope I am wrong but am beginning to think that the portuguese courts have no respect for the human rights of individuals and place more emphasis on supporting the police....hence the accusation of residual fascism.
As Eleanor posted .. this case may go all the way to the ECHR who I am sure will respect the human rights of the McCanns.  IMO amaral has abused his right to free speech and at the moment the portuguese court has supported him. Hopefully the supreme court will apply the law correctly.

I don't think the Portuguese Supreme Court will overturn this judgement by the Appeal Court given their previous decision in this case.

[Mr Gray]

I think the point being made throughout the judgement is that "Amaral's Thesis" for want of a better expression is that the child died accidentally and the parents covered it up. As that was a proposition put forward by the investigation team, was in the subsequently released archive documents and had been made in the press at the time arguido status was conferred then it had been in the public domain well before Amarals book was published and as such even as a retired policeman on the case he was entitled to discuss it and write about it.
The judgment as far as I can see imposes no stricture by way of "he can only say what is in the files".

the truth is amaral said this IS what happened...this is the TRUTH and the mccanns lied...whatever the law is in portugal this in breach of European law  which also governs portugal...it will be very interesting to see how this develops.

Any action against the McCanns by amaral awarded in a portuguese court court would have to be enforced against assets in the UK by a UK court...the McCanns could challenge this ...would a UK court support the abuse by amaral.....I very much doubt it

[Mr Gray]

I don't think the Portuguese Supreme Court will overturn this judgement by the Appeal Court given their previous decision in this case.

#then it may well go to Europe

[Carana]

I think the point being made throughout the judgement is that "Amaral's Thesis" for want of a better expression is that the child died accidentally and the parents covered it up. As that was a proposition put forward by the investigation team, was in the subsequently released archive documents and had been made in the press at the time arguido status was conferred then it had been in the public domain well before Amarals book was published and as such even as a retired policeman on the case he was entitled to discuss it and write about it.
The judgment as far as I can see imposes no stricture by way of "he can only say what is in the files".

Hmmm.

There wasn't just one investigation team throughout, though, and the second didn't come to the same conclusion, although that point often tends to get muffled under a carpet.

That initial "thesis" is in the early part of the files, but it wasn't given any further credibility as a result of investigations following his departure.

How did that "thesis" get leaked prior to the archival?

A further issue is about how some refer to the TdeA report (which I frankly find quite odd in terms of a police report) is often referred to as THE PJ report, when it wasn't. I've even seen it referred to as the FINAL report - which it most certainly wasn't.

Whether he was limited to the files or whether he was free to offer an opinion about little green men on Mars, why was his major defence that everything he stated was based on facts in the files?

This must be in English somewhere, but it took me long enough to even find this:

Contestou  o réu,  por impugnação,  invocando,  em  síntese,  que  o livro  não  contém qualquer  facto  novo  ou  confidencial  que  não  tenha  sido  objecto  do  inquérito  criminal  e sido  amplamente  divulgado  pela  Comunicação  Social,  que  o  mediatismo  internacional  do caso  não  foi  por  ele  criado,  mas  pelos  autores,  sendo  que  a  tese  que  o  demandado sustenta  no  livro  está  ancorada  no  extenso  e  fundamentado  relatório  de  investigação  de um inspector -chefe da Polícia Judiciária constante do processo-crime.

Aduziu,  ainda,  que  a  acção  constitui  um  atentado  ao  seu  direito  de  opinião  e  à liberdade de expressão.
Impugnou  parcialmente  a  factualidade  articulada  e  concluiu  pela  improcedência  da acção.

P. 4
http://www.justpamalam.co.uk/jud/mccanns-v-amaral-judgment.pdf

[jassi]

the truth is amaral said this IS what happened...this is the TRUTH and the mccanns lied...whatever the law is in portugal this in breach of European law  which also governs portugal...it will be very interesting to see how this develops.

Any action against the McCanns by amaral awarded in a portuguese court court would have to be enforced against assets in the UK by a UK court...the McCanns could challenge this ...would a UK court support the abuse by amaral.....I very much doubt it

Any enforcement would be done at the behest of the Portuguese judiciary, as it they who would be out of pocket.
At that stage, it probably wouldn't matter what the case was about, only that money was owed.
Chance of success? - no idea.