Author Topic: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.  (Read 533503 times)

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Offline G-Unit

Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1680 on: April 24, 2016, 09:19:17 AM »
you really should stop posting your opinion as fact...the mccanns would not have been arrested...baby listining services are still alive and well...fact

I think the 'listening service' arguments are untested. If a child is ever hurt while being 'listened to' it may well turn out that the parents are still held responsible. I have been unable to discover if those offering this service are taking full responsibility for the safety of the child or not. Anyone using them would be well advised to check on that.

So, to get back to the McCanns. If they nipped to the pub for a meal in Rothley, leaving three children under 5 alone in an unlocked residence are you assuming that the Police would have said 'That's fine, you were popping back every half hour, nothing wrong with that'?

A father has told how his decision to leave his two-year-old daughter alone in the car for 10 minutes while he nipped to a nearby shop to buy Calpol almost led to his children being taken into care.
Tim Haines, a family law advocate, was arrested and prosecuted for “wilful exposure of a child to risk of significant harm” and faced a year-long battle to stop his five children being taken into care.
http://www.telegraph.co.uk/news/uknews/law-and-order/11249091/Father-prosecuted-after-leaving-daughter-in-car-for-ten-minutes.html

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Offline Mr Gray

Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1681 on: April 24, 2016, 09:22:18 AM »
I think the 'listening service' arguments are untested. If a child is ever hurt while being 'listened to' it may well turn out that the parents are still held responsible. I have been unable to discover if those offering this service are taking full responsibility for the safety of the child or not. Anyone using them would be well advised to check on that.

So, to get back to the McCanns. If they nipped to the pub for a meal in Rothley, leaving three children under 5 alone in an unlocked residence are you assuming that the Police would have said 'That's fine, you were popping back every half hour, nothing wrong with that'?

A father has told how his decision to leave his two-year-old daughter alone in the car for 10 minutes while he nipped to a nearby shop to buy Calpol almost led to his children being taken into care.
Tim Haines, a family law advocate, was arrested and prosecuted for “wilful exposure of a child to risk of significant harm” and faced a year-long battle to stop his five children being taken into care.
http://www.telegraph.co.uk/news/uknews/law-and-order/11249091/Father-prosecuted-after-leaving-daughter-in-car-for-ten-minutes.html

I agree its untested and that is why stephen cannot claim they would have been arrested

Offline Lace

Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1682 on: April 24, 2016, 09:23:25 AM »
I think the 'listening service' arguments are untested. If a child is ever hurt while being 'listened to' it may well turn out that the parents are still held responsible. I have been unable to discover if those offering this service are taking full responsibility for the safety of the child or not. Anyone using them would be well advised to check on that.

So, to get back to the McCanns. If they nipped to the pub for a meal in Rothley, leaving three children under 5 alone in an unlocked residence are you assuming that the Police would have said 'That's fine, you were popping back every half hour, nothing wrong with that'?

A father has told how his decision to leave his two-year-old daughter alone in the car for 10 minutes while he nipped to a nearby shop to buy Calpol almost led to his children being taken into care.
Tim Haines, a family law advocate, was arrested and prosecuted for “wilful exposure of a child to risk of significant harm” and faced a year-long battle to stop his five children being taken into care.
http://www.telegraph.co.uk/news/uknews/law-and-order/11249091/Father-prosecuted-after-leaving-daughter-in-car-for-ten-minutes.html


Yes,  good old British justice,   Amaral would have lost his case here in the UK.   So which justice do you support G-Unit?

Offline G-Unit

Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1683 on: April 24, 2016, 10:11:59 AM »

Yes,  good old British justice,   Amaral would have lost his case here in the UK.   So which justice do you support G-Unit?

That's a big question, Lace. In a perfect world we would all agree on what justice is and how to achieve it. We don't live in a perfect world though; all judicial systems have faults. You can't condemn a country's system as a whole just because you don't agree with one of their decisions. Neither can you praise a country's system because you agree with another of their decisions. The supporters have done both in regard to Portugal.

The best any country can do, it seems, is to set up a system of laws, a police force to enforce them and a judiciary to judge cases brought before them. The system should be free of political interference and influence. After that you cross your fingers and hope. My opinion is that anyone with any sense will avoid getting embroiled in any legal system if at all possible. If you choose to go to law you have to accept that you may lose. If you use all the resources and appeals available and still lose you have to accept that the law as it stands can't help you.
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stephen25000

  • Guest
Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1684 on: April 24, 2016, 10:12:57 AM »
i have no problem with that...the forum used to be a free for all..it isn't now...admin wants the forum to be more civilised and I am all for that.....trying to justify repeated personal attacks by what is perceived to have happened in the past isn't going to work

Have you ever apologized to the people you have insulted ?

Even once ?

Offline G-Unit

Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1685 on: April 24, 2016, 10:18:58 AM »
I agree its untested and that is why stephen cannot claim they would have been arrested

It is indeed, but the group didn't use a listening service so it's irrelevant. If the McCanns had done the same in Rothley as they did in Portugal I think they would have been in trouble had the police been called.
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Offline jassi

Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1686 on: April 24, 2016, 10:24:37 AM »
That's a big question, Lace. In a perfect world we would all agree on what justice is and how to achieve it. We don't live in a perfect world though; all judicial systems have faults. You can't condemn a country's system as a whole just because you don't agree with one of their decisions. Neither can you praise a country's system because you agree with another of their decisions. The supporters have done both in regard to Portugal.

The best any country can do, it seems, is to set up a system of laws, a police force to enforce them and a judiciary to judge cases brought before them. The system should be free of political interference and influence. After that you cross your fingers and hope. My opinion is that anyone with any sense will avoid getting embroiled in any legal system if at all possible. If you choose to go to law you have to accept that you may lose. If you use all the resources and appeals available and still lose you have to accept that the law as it stands can't help you.





Well said   8((()*/
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline Mr Gray

Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1687 on: April 24, 2016, 10:28:39 AM »
That's a big question, Lace. In a perfect world we would all agree on what justice is and how to achieve it. We don't live in a perfect world though; all judicial systems have faults. You can't condemn a country's system as a whole just because you don't agree with one of their decisions. Neither can you praise a country's system because you agree with another of their decisions. The supporters have done both in regard to Portugal.

The best any country can do, it seems, is to set up a system of laws, a police force to enforce them and a judiciary to judge cases brought before them. The system should be free of political interference and influence. After that you cross your fingers and hope. My opinion is that anyone with any sense will avoid getting embroiled in any legal system if at all possible. If you choose to go to law you have to accept that you may lose. If you use all the resources and appeals available and still lose you have to accept that the law as it stands can't help you.

amaral said he would exhaust all legal avenues...you cannot blame the mccanns for doing the same...ECHR

Offline Alice Purjorick

Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1688 on: April 24, 2016, 11:17:36 AM »

Yes,  good old British justice,   Amaral would have lost his case here in the UK.   So which justice do you support G-Unit?

True, up until 2013 UK had the most draconian libel laws. Libel tourism was rife as a result. Our defamation laws received a major overhaul in 2013.
Sr Amaral however was not tried in the UK, his appeal was heard under Portuguese law where the plaintiffs took the action. Amarals appeal was upheld under the system the plaintiffs sued under.
As a point of interest the US Defamation Laws favour the defendant under the First Amendment.
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

ferryman

  • Guest
Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1689 on: April 24, 2016, 11:25:29 AM »
True, up until 2013 UK had the most draconian libel laws. Libel tourism was rife as a result. Our defamation laws received a major overhaul in 2013.
Sr Amaral however was not tried in the UK, his appeal was heard under Portuguese law where the plaintiffs took the action. Amarals appeal was upheld under the system the plaintiffs sued under.
As a point of interest the US Defamation Laws favour the defendant under the First Amendment.

Up until 2013 be damned.

Under identical circumstances today Amaral would be blown out of the water under English libel law certainly, (I'm pretty confident) under the laws of any country of the United Kingdom. 

This decision (in favour of Amaral) is a disgrace.

Offline G-Unit

Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1690 on: April 24, 2016, 11:50:18 AM »
amaral said he would exhaust all legal avenues...you cannot blame the mccanns for doing the same...ECHR

Let's see what the Supreme Court have to say first, shall we? Despite the excited headlines, no-one has said anyone is actually going to the ECHR as yet. Duarte was asked and said;

When asked whether it could go all the way to Strasbourg, she replied: “Of course. I don’t know if that will happen but it is possible.”

So why the misleading headline?

Maddie libel battle to go to Human Rights Court

http://www.express.co.uk/news/uk/663868/MaddieMcCann-libel-Human-Rights-Court

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stephen25000

  • Guest
Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1691 on: April 24, 2016, 12:09:17 PM »
Up until 2013 be damned.

Under identical circumstances today Amaral would be blown out of the water under English libel law certainly, (I'm pretty confident) under the laws of any country of the United Kingdom. 

This decision (in favour of Amaral) is a disgrace.

The mccanns are the disgrace ferryman.

Not Amaral.

No Twisting will change that that.

Offline pathfinder73

Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1692 on: April 24, 2016, 12:20:07 PM »
No translation yet.


Smithman carrying a child in his arms checked his watch after passing the Smith family and the time was 10:03. Both are still unidentified 10 years later.

Offline jassi

Re: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.
« Reply #1693 on: April 24, 2016, 12:23:30 PM »
Should be good for a few thousand posts and a number of apoplectic fits on here when a translation does become available.  8(>((
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline xtina

Always listen to both sides of the story before you judge.

The first storyteller you will always find has modified the story, for there benefit BE WISE.