Author Topic: Luz declares the Portuguese libel trial is not a libel trial ?  (Read 102955 times)

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Offline Mr Gray

Re: Luz declares the Portuguese libel trial is not a libel trial ?
« Reply #195 on: May 15, 2014, 08:12:07 PM »
Then why did they lose the attempt to censor the book?

Because libel had not been proved

Why has the current "libel" trial been indefinitely suspended?

you have no proof that this is true...you are simply making it up

It was only expected to run a week or so.
you really don't understand do you...the trial was expected to end years ago but keeps on going on ad on

as I said I have no proof but it is likely that amaral has backed down

Silkywhiskers

  • Guest
Re: Luz declares the Portuguese libel trial is not a libel trial ?
« Reply #196 on: May 15, 2014, 08:18:34 PM »


The libel trial is NOT "going on and on".

It has been SUSPENDED.

What on earth could the reason be?

The book is published and on the shelves.  The genie is out of the bottle.

WHY THE DELAY? 

Offline Mr Gray

Re: Luz declares the Portuguese libel trial is not a libel trial ?
« Reply #197 on: May 15, 2014, 08:19:52 PM »
The libel trial is NOT "going on and on".

It has been SUSPENDED.

What on earth could the reason be?

The book is published and on the shelves.  The genie is out of the bottle.

WHY THE DELAY?

who said the trail has been suspended...you are making things up again

Offline John

Re: Luz declares the Portuguese libel trial is not a libel trial ?
« Reply #198 on: May 15, 2014, 08:29:17 PM »
The libel trial itself isn't suspended as work is still going on behind the scenes. The public hearings however are temporarily halted but I find it somewhat bizarre that no justification has ever been given for this by the judge.  I have a feeling a lot has been going on in chambers and away from public gaze.


« Last Edit: May 16, 2014, 04:55:50 AM by John »
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline Carana

Re: Luz declares the Portuguese libel trial is not a libel trial ?
« Reply #199 on: May 16, 2014, 12:20:11 PM »
The McCanns lost their attempt to remove the book from the shelves, because the Portugese Supreme Court ruled that the book is

"an accurate account of the investigation"

This means the book is NOT libellous.

Libel has to be FALSE.  If you can't prove it's false, it's not libel.

In which country's jurisdiction? Perhaps you should explain that to the UK media lawyers who agreed on payouts to the T9 and Murat.

In Murat's suit in Portugal, he couldn't prove that some of the (potentially malicious) statements about him leaked to the press weren't true. How on earth could he? The media's defence was that they had assurances from "police sources", leaking convenient witness statements, and local gossip-mongering.

He won on appeal, though...


Offline Mr Gray

Re: Luz declares the Portuguese libel trial is not a libel trial ?
« Reply #200 on: May 16, 2014, 12:42:06 PM »
The book may be on the shelves now...does anyone know if it is stocked...but who would want to buy it...its totally out of date...a different case when the mccanns were arguidos

ferryman

  • Guest
Re: Luz declares the Portuguese libel trial is not a libel trial ?
« Reply #201 on: May 16, 2014, 02:00:30 PM »
The McCanns lost their attempt to remove the book from the shelves, because the Portugese Supreme Court ruled that the book is

"an accurate account of the investigation"

This means the book is NOT libellous.

Libel has to be FALSE.  If you can't prove it's false, it's not libel.

Amaral's book is false, and demonstrably so.

Perhaps not in every last detail, but in several key aspects that lowers the reputation of the McCanns ...

That's enough.

Wherever the burden of proof lies, there is plenty the McCanns can prove is false and lowers reputation, the pith of the definition of libel.
« Last Edit: May 16, 2014, 02:02:13 PM by ferryman »

Offline Carana

Re: Luz declares the Portuguese libel trial is not a libel trial ?
« Reply #202 on: May 16, 2014, 03:47:07 PM »
The book may be on the shelves now...does anyone know if it is stocked...but who would want to buy it...its totally out of date...a different case when the mccanns were arguidos

Some copies are still no doubt still on sale.

I'm not sure that that is still the issue. It was apparently a best-seller, snatched off the shelves, according to "sources close to Amaral", just after the case had been shelved, but at a time when the serious press was only just wading through the files for themselves. He himself said that he was overwhelmed by the amount of media interviews that he had to attend.

I still think that he could have written his book in a different way and it would have still made for interesting reading. Whoever encouraged him in the direction that he took, if he was not alone in making that decision, may have had a short-sighted financial perspective. He could have just stopped with his book, but he didn't. There were umpteen promo interviews, plus the "documentary", guest appearances on docile daytime chat shows, a column in CdaM, and numerous interviews / appearances up until quite recently.

That said, potential damage may seem less relevant NOW than several years ago, but that might be with the hindsight of 5-6 years, the availability of documents in the files beyond his "understanding" during his  mere 5 months on the case and the reopening of the investigation (both in PT and the UK). This defamation case has been dragging on for years and there is currently no update on it.

However, there are even some posters on here who believe that whatever Amaral has ever written or said is all anyone needs to know in order to inform themselves about the case. The legend of someone who clearly didn't even understand the forensics of the case seems to be beyond question. In the meantime, there is still a missing little girl, and other traumatic incidents involving other children, some of whom may have disappeared without an adequate investigation.






« Last Edit: May 16, 2014, 03:53:30 PM by Carana »

Offline John

Re: Luz declares the Portuguese libel trial is not a libel trial ?
« Reply #203 on: May 16, 2014, 03:58:37 PM »
The one question I would love to ask him is does he still believe in his hypothesis and what changes does he intend to make in the second book?
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline Mr Gray

Re: Luz declares the Portuguese libel trial is not a libel trial ?
« Reply #204 on: May 16, 2014, 04:36:52 PM »
The one question I would love to ask him is does he still believe in his hypothesis and what changes does he intend to make in the second book?

2nd book..it all depends on the result of the trial...seems strange its gone so quiet...I reckon hes toast

Offline John

Re: Luz declares the Portuguese libel trial is not a libel trial ?
« Reply #205 on: May 16, 2014, 05:11:09 PM »
2nd book..it all depends on the result of the trial...seems strange its gone so quiet...I reckon hes toast


You would say that Dave @)(++(*

Amaral's lawyer wouldn't have gone to the bother of getting official ward of court documentation from London at great expense if it was all over.  I wonder can a minor who is a WoC take part as a Party in libel proceedings?
« Last Edit: May 16, 2014, 05:12:44 PM by John »
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline Mr Gray

Re: Luz declares the Portuguese libel trial is not a libel trial ?
« Reply #206 on: May 16, 2014, 05:18:52 PM »


You would say that Dave @)(++(*

Amaral's lawyer wouldn't have gone to the bother of getting official ward of court documentation from London at great expense if it was all over.  I wonder can a minor who is a WoC take part as a Party in libel proceedings?

no prob not...but why wait such along time to get these papers...perhaps hes trying to minimise the damages

Offline slartibartfast

Re: Luz declares the Portuguese libel trial is not a libel trial ?
« Reply #207 on: May 16, 2014, 05:22:32 PM »
no prob not...but why wait such along time to get these papers...perhaps hes trying to minimise the damages

Seeing how the law works generally, if Madeleine being a WoC means she cannot be a complainant, the whole case may get thrown out.
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

Offline Mr Gray

Re: Luz declares the Portuguese libel trial is not a libel trial ?
« Reply #208 on: May 16, 2014, 05:26:02 PM »
Seeing how the law works generally, if Madeleine being a WoC means she cannot be a complainant, the whole case may get thrown out.


maddie is only one complainant and as I recall has already been removed from the writ...how does the law work generally?....or are you just making things up

Offline Carana

Re: Luz declares the Portuguese libel trial is not a libel trial ?
« Reply #209 on: May 16, 2014, 06:10:54 PM »
The one question I would love to ask him is does he still believe in his hypothesis and what changes does he intend to make in the second book?

He already wrote a second book. I'm not sure that I've ever found it on any best-seller list.