Former Portuguese detective Gonçalo Amaral wins appeal in damages trial.

[stephen25000]

The court ruling made it clear that the book did not disclose any secrets of the investigation and all the information in the book had already been in the public domain before it had been written. What don't you understand about this?

Some people are simply not prepared to accept the judgement and therefore argue the toss.

[Alice Purjorick]

Portuguese law does not place a requirement on its ex-officers to keep quiet about cases they were personally, and directly, involved in.

It should.

What are the laws regarding this issue in other EU member states ?

[pegasus]

My prediction is there will be no appeal, and this will be throughly spun in a 10000rpm pink blur, as nobly foregoing the right to appeal, in order to further the search.

[pegasus]

Please can someone clarify, if there is an appeal to the portuguese supreme court, would Mr Amaral's assets remain confiscated until that appeal process is completed?

[ferryman]

Please can someone clarify, if there is an appeal to the portuguese supreme court, would Mr Amaral's assets remain confiscated until that appeal process is completed?

I believe so, yes ....

[jassi]

Are they confiscated at this moment, seeing as there has, as yet, been no appeal?

[ferryman]

Are they confiscated at this moment, seeing as there has, as yet, been no appeal?

There is a time-frame by which the McCanns must lodge their appeal.

Nail any of the numerous leaks from the shelved enquiry personally, and directly, on Amaral and the McCanns will have him (I reckon) ....

[Brietta]

There is a time-frame by which the McCanns must lodge their appeal.

Nail any of the numerous leaks from the shelved enquiry personally, and directly, on Amaral and the McCanns will have him (I reckon) ....

There are statements known only to the McCanns and the PJ which subsequently appeared in the Portuguese press. 

Maybe written down on a scrap of paper and blown out of the window and straight into the hands of a passing journalist ~ who knows?

[stephen25000]

.....and we know who delayed the last judgement.

The McCann's.

[jassi]

There is a time-frame by which the McCanns must lodge their appeal.

Nail any of the numerous leaks from the shelved enquiry personally, and directly, on Amaral and the McCanns will have him (I reckon) ....

Not sure how any of that might work. An appeal to the Supreme Court is not a re-trial, with new evidence - it is purely about points of law and whether the correct decision was made by the appeal judges.

[ferryman]

Not sure how any of that might work. An appeal to the Supreme Court is not a re-trial, with new evidence - it is purely about points of law and whether the correct decision was made by the appeal judges.

If anything germane from previous hearings has been missed, it will be admissible to a fresh hearing.

[jassi]

If anything germane from previous hearings has been missed, it will be admissible to a fresh hearing.

I don't think so at this level - but we shall see.

[John]

Not sure how any of that might work. An appeal to the Supreme Court is not a re-trial, with new evidence - it is purely about points of law and whether the correct decision was made by the appeal judges.

That's it in a nutshell and since the right of free speech in Portugal is paramount and moreover has been adjudged to be paramount previously, I struggle to see what arguments Sra Duarte can put forward.  For any argument to succeed there would have to be a significant and monumental change in Portuguese Law so realistically I can't see that happening any time soon.

[Mr Gray]

That's it in a nutshell and since the right of free speech in Portugal is paramount and moreover has been adjudged to be paramount previously, I struggle to see what arguments Sra Duarte can put forward.  For any argument to succeed there would have to be a significant and monumental change in Portuguese Law so realistically I can't see that happening any time soon.

then that is why an appeal to the ECHR could well be successful.....i understand the limitations

[John]

If Portuguese law sees no wrong in a work of traducement and lies that lowers reputation (Amaral's book)!, then Portuguese law is an ass!

Perhaps Portuguese law, indeed, is an ass.

We'll see.

You cannot claim traducement until Madeleine's fate is known.