Luz declares the Portuguese libel trial is not a libel trial ?

[slartibartfast]

If, God forbid, Madeleine's body is found, then Amaral himself damaged the search.  That much should be obvious.  If Scotland Yard could find her then why didn't he?  It's his home ground.

So, if she is dead (as he claimed), and the body concealed (as he claimed) then he damaged the search by stating those claims?

Good grief, logic mangling at it worst.

[jassi]

If, God forbid, Madeleine's body is found, then Amaral himself damaged the search.  That much should be obvious.  If Scotland Yard could find her then why didn't he?  It's his home ground.

Perhaps new information has recently been given that indicates where to dig. Information that was not available to the Portuguese back in '07.

[Eleanor]

So, if she is dead (as he claimed), and the body concealed (as he claimed) then he damaged the search by stating those claims?

Good grief, logic mangling at it worst.

He accused The McCanns, and didn't bother to search for Madeleine in anyway that didn't involve their complicity.  The McCanns couldn't have done that, so don't bother looking there.

[stephen25000]

He accused The McCanns, and didn't bother to search for Madeleine in anyway that didn't involve their complicity.  The McCanns couldn't have done that, so don't bother looking there.

Utter rubbish.

The PJ went with the abduction theory and found nothing.

The irony being they were plinted in the direction of the mccanns by the UK police.

[Brietta]

Utter rubbish.

The PJ went with the abduction theory and found nothing.

The irony being they were plinted in the direction of the mccanns by the UK police.

As I understand it, and as clearly stated by Dr Amaral, the whole focus of his investigation from the 4th May onwards was his theory that the Drs McCann were involved in the death of their daughter and concealment of her body. 

That is not the version of events being pursued by Scotland Yard who not only are going to dig, but are also actively investigating suspects, some of whom were associated with the holiday firm at the time in question. 

That this is being done in full collaboration with the lead authority of the PJ would appear to dismiss some of the quotes in the Portuguese gutter press from an ‘unknown source close to the investigation’ to the contrary. 

Whatever the outcome of the searches in Praia Da Luz I think it must be a consideration for the libel judge and I would be surprised if she delivers her judgement until this is resolved. 

Either way, in my opinion the current investigation is a no win situation for Dr Amaral and for the perpetrator of this crime.

[Mr Gray]

How do you figure that out?
He was removed from the case nine months before it was archived.
The "official" search was by the PJ how can a book published after the case was archived damage a search that was no longer going on?

There was an unnoficial search going on...and remember this is only part of the claim...amaral himself has been questioned re defamation in  a Norwegian article so we know defamation is on the list

[Montclair]

Is it not relative to the entire case Carana?

Amaral has made certain claims based on his interpretation of the evidence which prevailed at the time he was removed from the investigation.  The McCanns for their part have denied those claims, accused him of defamation and claim he damaged the search for Madeleine.

I would have thought therefore that if the current events in Portugal and in particular the impending digs in Praia da Luz can reveal what really happened to Madeleine then this will have a very big input into the libel trial.

The trial relates to damages and compensation and any delay is not in any way related to the investigation.

[Mr Gray]

The judge may not think that relevant. Where did I say defamation wasn't on the list?
As I have posted to the point of tedium until someone provides a translated copy of the writ no one knows for sure what is in it. Beyond that everything is guesswork and speculation.

No it isn't guesswork...we know that defamation is on the list...no guesswork

[Eleanor]

The trial relates to damages and compensation and any delay is not in any way related to the investigation.

Thanks for some common sense.

[Mr Gray]

So you have a translated copy of the writ? would you care to share it with us?. Or do you make reference to another list?

don't need a copy of the writ...amaral has discussed defamation and harming the search...so they must be on the list of the McCanns complaints..simple

[Mr Gray]

The book was published after the case was archived by the Portuguese judiciary; the McCanns commenced their action about a year after the book was published.
The PJ investigated the Jane Tanner sighting which was the only game in town for abduction. The MPS have shown that the Jane Tanner sighting of "an abductor" was erroneous so the PJ were right to doubt its veracity in first instance.
Why demonize Amaral?

the Tanner sighting was not the only reason to suspect an abduction...SY still suspect an abduction even though the sighting has all but been ruled out

[John]

The trial relates to damages and compensation and any delay is not in any way related to the investigation.

Cart before the horse logic.

Damages and compensation can only be paid if libel is proven and it is for that reason that proceedings are currently taking place in Lisbon.  Or at least they would be if it wasn't for yet another stay in the procedure.

[Eleanor]

Cart before the horse logic.

Damages and compensation can only be paid if libel is proven and it is for that reason that proceedings are currently taking place in Lisbon.  Or at least they would be if it wasn't for yet another stay in the procedure.

So it is a Libel Trial.  Or at least Defamation.  Not that there is much difference between the two.

[John]

So it is a Libel Trial.  Or at least Defamation.  Not that there is much difference between the two.

Of course it is Eleanor, Dave is spot on this time.  Defamation (libel or slander) have to be proven first and then the damages and compensation will follow.  It ain't rocket science even in Portugal.

[Mr Gray]

Ah I see. Another of the "I don't need to read it to know what's in it brigade".
Your clairvoyance must be in great demand.

We don't need to se the writ to understand what's going on. There is enough information to know pretty well exactly what is going on...as everyone else apart from you appears to realise...try looking at the witness statements and it makes it obvious what each side is trying to prove