Author Topic: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.  (Read 55566 times)

0 Members and 3 Guests are viewing this topic.

Offline G-Unit

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #75 on: March 28, 2021, 10:47:54 PM »
Surely the supreme court judgement would overturn any freezing injunction on his assets?  The Sun has claimed to have seen court documents that presumably are not in the public domain so clearly they know something that has not been released to the general public.

The SC judgement would cancel the injunction because there was no longer a claim against his assets. He would then be able to access his money. When did the Sun claim to have seen these court documents?
Read and abide by the forum rules.
Result = happy posting.
Ignore and break the rules
Result = edits, deletions and unhappiness
http://miscarriageofjustice.co/index.php?board=2.0

Offline Vertigo Swirl

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #76 on: March 28, 2021, 10:53:11 PM »
The SC judgement would cancel the injunction because there was no longer a claim against his assets. He would then be able to access his money. When did the Sun claim to have seen these court documents?
Yes, that’s what I said.  Why do you think thr ECHR would be interested in Amaral’s unfrozen assets?  And, as for  your question, the Sun has claimed it in a recent article which I can’t presently find.
« Last Edit: March 28, 2021, 11:02:33 PM by Vertigo Swirl »
"You can't reason with the unreasonable".

Offline Brietta

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #77 on: March 29, 2021, 03:38:21 AM »
Madeleine's Fund has paid some of the costs the McCanns were ordered to pay by the courts. It's paid Duarte's fees also. Whether everything has been paid we don't know. Those they sued had to pay court costs and lawyers during the process, but hopefully they have been reimbursed by now.

The repeated reference to compensation payable to Amaral by the Sun is puzzling, as no court judgement has been released mentioning that. It's only a guess on my part but I wonder if it's connected to the fact that a freezing injunction taken out by the McCanns stopped Amaral from accessing his money for years. Perhaps he has the right to be compensated for that.
You really do need to provide cites for
  • Madeleine's Fund has paid some of the costs the McCanns were ordered to pay by the courts.
  • It's paid Duarte's fees also.
The McCanns had absolutely nothing to do with the financial mess Amaral had got himself into, he managed all of that perfectly well by himself.
Snip
Kate and Gerald McCann respond to Goncalo Amaral, 28 February 2012  Jornal da Regiao - Oeiras

Goncalo Amaral got rich at the expense of the disappearance of Madeleine McCann, and it is known today that the profits derived from spreading, via all open and available media to the ex-inspector coordinator of the case investigation, were, within only one year, at least and demonstrably, in the order of €342,111.86.

From the cautionary injunction ordered by the 1st Civil Court of Lisbon, Goncalo Amaral's moiety was frozen in the single share he held in his single-name society, not preventing him from continuing to work nor preventing the referred gentleman from continuing to write or engage in other tasks that he sees fit, as a citizen, even with a tainted criminal record.
However, no apprehension was made of goods or financial values, which were held by that society.
This society, in no year since it was established in 2008, has ever presented, even, its public accounts, contrary to what it should have done.

From the amounts received from copyright, above mentioned and related with the publication of the book "The Truth of The Lie" and with the aired TVI documentary and the DVD sold with the newspaper "Correio da Manha", and other activities engaged in by ex-inspector Goncalo Amaral, as well as the rights of at least six editions of the book in foreign languages, no amount was seized.

With regards to the villa that Goncalo Amaral had in Urbanizacao Cerro Azul, in Quelfes, there aren't any losses to the referred interviewee that are to be attributable to the parents of Madeleine McCann.
In fact, in 2009, there were several mortgages pending on this house as well as a registered asset freezing originating from a lawsuit brought by a brother of Goncalo Amaral against him and his wife, for, demonstrably, as stated in the sentence pronounced by the 2nd Civil Court of Family and Minors Court of the District of Seixal, having sold a house to a third party, after having received the amount they should receive for it, from the mentioned brother, who had helped them pay previous debts.

The parents of Madeleine McCann got to know about such action after their intervention in this was raised by the enforcement agent in charge, a person who also seems to have some important information about what is explained above.
About this house there were pending asset freezings originated by the tax authorities, as the interviewee in question, despite being a civil servant, had tax problems, long before the publication of the book and of the documentary.
Currently this house is owned by Banco Espirito Santo, one of the creditors, with visible credit problems with the referred interviewee, long before the publication of the book, and, therefore, the actions brought by the respondents.

About the "Jaguar" vehicle with licence plate 28-FB-58, which at the date of the process was owned by the single-name society mentioned, was, on January 21, 2010 sold to a third party and on whose name it is currently registered, so that neither the parents of Madeleine McCann nor any of the several other creditors had the possibility to use it to cover the various debts incurred by the referred, repeating, long before the book's publication.

As for the pension that the former inspector receives, in the amount of € 2,039.16, it's being deducted from it a percentage of less than 0.1% of the known values received by the ex-inspector for the book and documentary, which he delivered finished to his publishers even before the criminal process, which was under judicial secrecy, had been archived, thus disrespecting the ex-inspector, in this as in other aspects, duties incumbent to him, even in the situation of retirement. Moreover, on this pension, there has previously been executed a seizure, originated in a process by the Finance Services of Olhao, for tax debts.

"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline Eleanor

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #78 on: March 29, 2021, 08:06:57 AM »
Madeleine's Fund has paid some of the costs the McCanns were ordered to pay by the courts. It's paid Duarte's fees also. Whether everything has been paid we don't know. Those they sued had to pay court costs and lawyers during the process, but hopefully they have been reimbursed by now.

The repeated reference to compensation payable to Amaral by the Sun is puzzling, as no court judgement has been released mentioning that. It's only a guess on my part but I wonder if it's connected to the fact that a freezing injunction taken out by the McCanns stopped Amaral from accessing his money for years. Perhaps he has the right to be compensated for that.

The McCanns didn't get a freezing injunction.  The Court applied this.  There were others at the head of the queue.

Offline Eleanor

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #79 on: March 29, 2021, 08:09:48 AM »
The SC judgement would cancel the injunction because there was no longer a claim against his assets. He would then be able to access his money. When did the Sun claim to have seen these court documents?

Have Amaral's other and more long standing creditors been paid yet, do you know?

Offline G-Unit

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #80 on: March 29, 2021, 10:12:27 AM »
Yes, that’s what I said.  Why do you think thr ECHR would be interested in Amaral’s unfrozen assets?  And, as for  your question, the Sun has claimed it in a recent article which I can’t presently find.

The ECHR isn't interested in Amaral's assets, but the Sun journalists seem to think the McCanns owe him £750,000 in compensation.
Read and abide by the forum rules.
Result = happy posting.
Ignore and break the rules
Result = edits, deletions and unhappiness
http://miscarriageofjustice.co/index.php?board=2.0

Offline jassi

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #81 on: March 29, 2021, 10:21:41 AM »
The ECHR isn't interested in Amaral's assets, but the Sun journalists seem to think the McCanns owe him £750,000 in compensation.

just to push the image of McCann as victims - IMO
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: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #82 on: March 29, 2021, 10:33:22 AM »
just to push the image of McCann as victims - IMO

I think its a reasonable opinion to see them as victims of a smear campaign by amaral and others. Having said that  I think amarals poor understanding of the evidence has convinced him hes right

Offline Brietta

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #83 on: March 29, 2021, 11:04:12 AM »
I think its a reasonable opinion to see them as victims of a smear campaign by amaral and others. Having said that  I think amarals poor understanding of the evidence has convinced him hes right

My opinion is that one need go no further than http://miscarriageofjustice.co/index.php?topic=12011.msg646304#msg646304 to check out on the veracity of the perpetuation of the smear campaign against the McCanns to which you refer; with no respect for the circumstances which brought them to the ECHR or to the present agonising wait for the result of the German investigation into the fate of their daughter.

The McCanns were never responsible for the perilous state of Amaral's financial affairs.  He owed everyone from the Portuguese government to the banks, to his brother and goodness knows how many in between.
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline G-Unit

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #84 on: March 29, 2021, 11:14:32 AM »
You really do need to provide cites for
  • Madeleine's Fund has paid some of the costs the McCanns were ordered to pay by the courts.
  • It's paid Duarte's fees also.
The McCanns had absolutely nothing to do with the financial mess Amaral had got himself into, he managed all of that perfectly well by himself.
Snip
Kate and Gerald McCann respond to Goncalo Amaral, 28 February 2012  Jornal da Regiao - Oeiras

Goncalo Amaral got rich at the expense of the disappearance of Madeleine McCann, and it is known today that the profits derived from spreading, via all open and available media to the ex-inspector coordinator of the case investigation, were, within only one year, at least and demonstrably, in the order of €342,111.86.

From the cautionary injunction ordered by the 1st Civil Court of Lisbon, Goncalo Amaral's moiety was frozen in the single share he held in his single-name society, not preventing him from continuing to work nor preventing the referred gentleman from continuing to write or engage in other tasks that he sees fit, as a citizen, even with a tainted criminal record.
However, no apprehension was made of goods or financial values, which were held by that society.
This society, in no year since it was established in 2008, has ever presented, even, its public accounts, contrary to what it should have done.

From the amounts received from copyright, above mentioned and related with the publication of the book "The Truth of The Lie" and with the aired TVI documentary and the DVD sold with the newspaper "Correio da Manha", and other activities engaged in by ex-inspector Goncalo Amaral, as well as the rights of at least six editions of the book in foreign languages, no amount was seized.

With regards to the villa that Goncalo Amaral had in Urbanizacao Cerro Azul, in Quelfes, there aren't any losses to the referred interviewee that are to be attributable to the parents of Madeleine McCann.
In fact, in 2009, there were several mortgages pending on this house as well as a registered asset freezing originating from a lawsuit brought by a brother of Goncalo Amaral against him and his wife, for, demonstrably, as stated in the sentence pronounced by the 2nd Civil Court of Family and Minors Court of the District of Seixal, having sold a house to a third party, after having received the amount they should receive for it, from the mentioned brother, who had helped them pay previous debts.

The parents of Madeleine McCann got to know about such action after their intervention in this was raised by the enforcement agent in charge, a person who also seems to have some important information about what is explained above.
About this house there were pending asset freezings originated by the tax authorities, as the interviewee in question, despite being a civil servant, had tax problems, long before the publication of the book and of the documentary.
Currently this house is owned by Banco Espirito Santo, one of the creditors, with visible credit problems with the referred interviewee, long before the publication of the book, and, therefore, the actions brought by the respondents.

About the "Jaguar" vehicle with licence plate 28-FB-58, which at the date of the process was owned by the single-name society mentioned, was, on January 21, 2010 sold to a third party and on whose name it is currently registered, so that neither the parents of Madeleine McCann nor any of the several other creditors had the possibility to use it to cover the various debts incurred by the referred, repeating, long before the book's publication.

As for the pension that the former inspector receives, in the amount of € 2,039.16, it's being deducted from it a percentage of less than 0.1% of the known values received by the ex-inspector for the book and documentary, which he delivered finished to his publishers even before the criminal process, which was under judicial secrecy, had been archived, thus disrespecting the ex-inspector, in this as in other aspects, duties incumbent to him, even in the situation of retirement. Moreover, on this pension, there has previously been executed a seizure, originated in a process by the Finance Services of Olhao, for tax debts.


It clearly states in the Madeleine's Fund accounts for Y/E March 2017 that the sum of £ 51,718 owing to 'Other creditors' includes costs due to Isabel Duarte relating to the libel action brought by Gerald and Kate McCann against Amaral.
https://find-and-update.company-information.service.gov.uk/company/06248215/filing-history

It also states in the Y/E March 2014 accounts that the Fund paid the expenses of the witnesses the McCanns called to Lisbon to give evidence in the libel action against Amaral.
https://find-and-update.company-information.service.gov.uk/company/06248215/filing-history

Although the payments of the costs ordered by the Supreme Court aren't specifically mentioned in the accounts, my opinion is that they were met by the Fund in addition to paying the lawyer's fees and the witness's costs.

As to your inclusion of a newspaper article mandated by the McCann couple, obviously it attacks Amaral or they wouldn't have authorised it.

'Kate and Gerald McCann respond to Goncalo Amaral Jornal da Regiao - Oeiras

 Isabel Costa Pereira
Mandated by Gerald and Kate McCann'
https://www.gerrymccannsblogs.co.uk/Nigel/id408.htm
Read and abide by the forum rules.
Result = happy posting.
Ignore and break the rules
Result = edits, deletions and unhappiness
http://miscarriageofjustice.co/index.php?board=2.0

Offline Wonderfulspam

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #85 on: March 29, 2021, 11:16:44 AM »
just to push the image of McCann as victims - IMO

When in reality, if anyone's a victim in this case, it's me for having to put up with hearing about the McCanns & their daughter for the past 13 years. Oh, and Christian Brueckner, he's a victim too.
Christian Brueckner Fan Club

Offline Eleanor

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #86 on: March 29, 2021, 11:18:05 AM »
My opinion is that one need go no further than http://miscarriageofjustice.co/index.php?topic=12011.msg646304#msg646304 to check out on the veracity of the perpetuation of the smear campaign against the McCanns to which you refer; with no respect for the circumstances which brought them to the ECHR or to the present agonising wait for the result of the German investigation into the fate of their daughter.

The McCanns were never responsible for the perilous state of Amaral's financial affairs.  He owed everyone from the Portuguese government to the banks, to his brother and goodness knows how many in between.

Some were incurred even before Madeleine was born.

Offline G-Unit

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #87 on: March 29, 2021, 11:20:02 AM »
My opinion is that one need go no further than http://miscarriageofjustice.co/index.php?topic=12011.msg646304#msg646304 to check out on the veracity of the perpetuation of the smear campaign against the McCanns to which you refer; with no respect for the circumstances which brought them to the ECHR or to the present agonising wait for the result of the German investigation into the fate of their daughter.

The McCanns were never responsible for the perilous state of Amaral's financial affairs.  He owed everyone from the Portuguese government to the banks, to his brother and goodness knows how many in between.

It's not a matter of who was responsible for Amaral's financial state, my point was that taking out a freezing injunction can have consequences including compensation. Do you have any thoughts as to why the Sun seems to believe compensation is due to Amaral?
Read and abide by the forum rules.
Result = happy posting.
Ignore and break the rules
Result = edits, deletions and unhappiness
http://miscarriageofjustice.co/index.php?board=2.0

Offline Vertigo Swirl

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #88 on: March 29, 2021, 11:22:39 AM »
When in reality, if anyone's a victim in this case, it's me for having to put up with hearing about the McCanns & their daughter for the past 13 years. Oh, and Christian Brueckner, he's a victim too.
And yet you must be a real masochist as you seem to delight in frequenting a forum all about the McCann case, when if it really distressed you that much you would steer well clear of any mention of them or their daughter. 
"You can't reason with the unreasonable".

Offline Eleanor

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #89 on: March 29, 2021, 11:24:04 AM »
It's not a matter of who was responsible for Amaral's financial state, my point was that taking out a freezing injunction can have consequences including compensation. Do you have any thoughts as to why the Sun seems to believe compensation is due to Amaral?

It is of interest when clearly The McCanns were not responsible, after you suggested that they were.

Amaral should try suing all of the various other bodies to whom he owed large sums.