Author Topic: Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.  (Read 533523 times)

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stephen25000

  • Guest
Amaral breached judicial secrecy in writing his book and getting it prepared for sale (so close following the archiving).

You really don't understand do you.

The information was already in the public arena.

Carry on typing, it won't change a thing.

stephen25000

  • Guest
so is the UK a real slaughter job was done on a community,country,police force. AND in particular Sr Amaral.

Precisely. 8((()*/

Offline Eleanor

How can you comment on the judgement unless you have read and understood it's implications ?

I'm not stupid, you know.  I can spot fascist bollox when I see it.  I don't need to peruse every word.

ferryman

  • Guest
You really don't understand do you.

The information was already in the public arena.

Carry on typing, it won't change a thing.

Amaral breached judicial secrecy in preparing his book for publication.

He must have to have it in the shops for sale so soon after the archiving.

Offline Miss Taken Identity

Amaral breached judicial secrecy in preparing his book for publication.

He must have to have it in the shops for sale so soon after the archiving.

He hasn't been charged with anything, he broke a secrecy law, so what? The McCanns broke laws also,the difference is one's family is accounted for and the others isn't.
Who shall we hang first?
'Never underestimate the power of stupid people'... George Carlin

stephen25000

  • Guest
Amaral breached judicial secrecy in preparing his book for publication.

He must have to have it in the shops for sale so soon after the archiving.

How many times do you need to be told, that if the information was already in the public arena, he did not break judicial secrecy.

He was one man, whose theories were shared by other officers, during his time as case coordinator, and afterwards.

Offline G-Unit

I didn't wade through the first judgement.  Did that mention in any way, shape or form a breach of judicial secrecy?

If it did, I would expect to see the issue covered in the appeal, and we both seem to be saying it was not.

If it didn't, I fail to see how the appeal court should be required to introduce fresh evidence.

By the way, I am not saying there was no breach of judicial secrecy.  The ability to produce the information and drawings means, IMO, Amaral was either a naughty boy and took files home, or someone on the case passed the relevant parts to Amaral (breach 1) and Amaral then passed part or all of this onward for further work (breach 2), and probably others were involved (editor, drawings production - breach 3).  IMO.

I happen to think that if a criminal prosecution was brought, a number of parties would be found guilty.  It could be the authorities felt it was not worth the effort (I don't know what the penalty is - it could be one of those slap on the wrist things) or whether someone just had enough of the stick that the Portuguese system was taking and decided to turn a blind eye.  Again, IMO.

If you've read the book, an early part seems to make it clear the book would have been published even if the case was open, though that could be a case of trying to avoid prosecution.

The first judgement rested on two points. One was that Amaral breached judicial secrecy. The other was that he should have honoured the presumption of innocence.

The Appeal judges pointed out that his conclusions were already in the public arena before his book was released. Presumption of innocence refers to suspects which the McCanns were not. They also pointed out that the McCanns forfeited their right to privacy by courting the media, doing photoshoots and interviews, making videos etc. They also publicised their theory of abduction, opening the way for competing theories to be published.

It's all here, and the judgement is right at the end if you scroll down.

http://pjga.blogspot.co.uk/
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Offline Miss Taken Identity

The first judgement rested on two points. One was that Amaral breached judicial secrecy. The other was that he should have honoured the presumption of innocence.

The Appeal judges pointed out that his conclusions were already in the public arena before his book was released. Presumption of innocence refers to suspects which the McCanns were not. They also pointed out that the McCanns forfeited their right to privacy by courting the media, doing photoshoots and interviews, making videos etc. They also publicised their theory of abduction, opening the way for competing theories to be published.

It's all here, and the judgement is right at the end if you scroll down.

http://pjga.blogspot.co.uk/

To be honest G I was surprised this was brought up at a money seeking trial because if true,the theory was still in tact with the rest of his team. And the McCanns had no evidence of their theory to disprove Amarals theory. They were grasping at straws. The out come was correct at his hearing from Supreme court.
'Never underestimate the power of stupid people'... George Carlin

ferryman

  • Guest
He hasn't been charged with anything, he broke a secrecy law, so what? The McCanns broke laws also,the difference is one's family is accounted for and the others isn't.
Who shall we hang first?

In breaching judicial secrecy (to get his book on sale so soon after archiving) the defence invoked on his behalf in the -
libel trial ought not to have been; the decision (of the first instance court) upheld and affirmed.

Simple as that.

ferryman

  • Guest


I understand perfectly.

As did the first-instance judge.

That's why she didn't invoke that defence on Amaral's behalf.
« Last Edit: May 03, 2016, 09:00:43 PM by Eleanor »

stephen25000

  • Guest
I understand perfectly.

As did the first-instance judge.

That's why she didn't invoke that defence on Amaral's behalf.

You have been told that before as well.

She did not fully follow Portuguese Law.

ferryman

  • Guest
You have been told that before as well.

She did not fully follow Portuguese Law.

She did.

To the letter.

stephen25000

  • Guest
She did.

To the letter.

No ferryman.

That is why her judgement was overturned by 3 learned judges.

ferryman

  • Guest
How much money is left in the Goncalo Gofundme account?

stephen25000

  • Guest
How much money is left in the Goncalo Gofundme account?

He has no need to worry.

If help is need, it will be there.