So what's next in the libel trial saga?

[Eleanor]

The Portuguese people are being woken up, alright.  And I bet they are all a bit shocked by the disgraceful behaviour of a PJ Officer who is definitely not a gentleman.

[John]

This is not a criminal trial... This was initiated by Team Mcs. It woke the Portuguese up!

The court already decided to remove the ban... Win for Justice don't you think?

Since the Supreme Court in its wisdom chose to overturn the book ban, that by definition would appear to be a sign that they were unable to hold that defamation occurred.  Not surprising however as I have always said that neither side can prove what happened at the moment and so the question of defamation cannot be settled one way or the other.

Which brings me to the libel trial itself or the compensation trial as some would have it.  In order to seek compensation there has to be a proven loss or damage.  The McCanns, according to the evidence of their witnesses, are seeking damages based on the harm done to them by the publication of Amaral's book and DVD.  Again, this is dependent on the outcome of the investigation, consequently, I cannot see how any judge can rule other than deny the claim until such time as Madeleine's fate is known and those responsible brought to account.

[icabodcrane]

Supposing the McCanns are awarded damages

Will that mean that Amaral's book will be deemed libelous and it will have to be withdrawn from sale  ? 

Or will it just mean that the book caused damage to the McCannswhether it was libelous or not, and the book will remain on sale  ?

Anyone know  ?   

[John]

Supposing the McCanns are awarded damages

Will that mean that Amaral's book will be deemed libelous and it will have to be withdrawn from sale  ? 

Or will it just mean that the book caused damage to the McCannswhether it was libelous or not, and the book will remain on sale  ?

Anyone know  ?

I can't see how a judge in a lower Court can make any decision which would be counter to that of the Supreme Court.  In fact, doing so would invoke an automatic appeal and Gonçalo knows it.  If damages are awarded I wouldn't expect them to be punitive.

[pegasus]

A small correction
if it is decided to be libellous then the mccanns will be liable entitled to damages

[Alfred R Jones]

Supposing the McCanns are awarded damages

Will that mean that Amaral's book will be deemed libelous and it will have to be withdrawn from sale  ? 

Or will it just mean that the book caused damage to the McCannswhether it was libelous or not, and the book will remain on sale  ?

Anyone know  ?

You've got this arse about face.  The book will not be deemed libellous BECAUSE the McCanns are awarded damages.  The McCanns will be awarded damages because the book will be deemed libellous.  The harm caused by the book is as a result of its libellous accusations. 

[pegasus]

If the book is deemed to be not libellious, would Mr Amaral be entitled to have his legal costs paid?

[Montclair]

I don't think you have any understanding of whats going on john..the unbanning of the book has nothing to do whether it was libellous or not....the book is allowed to be sold under the laws of free speech..whether it is libellous or not has not yet been decided...if it is decided to be libellous then the mccanns will be liable to damages...the fact that all amarals assets have been frozen suggests the damages will be punitive

The overturning of the book ban was not just based on the laws of freedom of speech and opinion but also on the fact that the book was based on the police files and that the opinion of a policeman with 25 odd years of experience was just as valid as that of anyone else, including the opinion in the archiving report. If you read the "acordão", the judges stated that the McCanns human rights were not maligned, especially since they were the ones who sought media coverage themselves.

The McCanns are mostly annoyed about this case because they were convinced, especially after having Gonçalo Amaral's assets frozen, that the defendents would seek an out of court settlement. This is what happened with the English newspapers and they were convinced that this would happen here, too.

[Miss Taken Identity]

You are quite right Montclair, Team Mcs would have been banking on an out of court settlement!

Here in the UK the civil law is quite clear They have to evidence that Amaral set out to Libel them.
Also, Amaral cannot be forced to attend court and the UK civil (not criminal) courts have no jurisdiction over his personal finances etc.

The UK court would only accept medical evidence by a Qualified recognized Health Professional at that time of their 'suffering'. And as I have demonstrated before-They cannot quantify little Maddies 'suffering' as they claim they do not know of her where a bouts.

If Team Mcs lost they would have to pay ALL costs and the plaintiffs costs also.
And  they can be asked to take the stand to be questioned by Amaral and /or his legal team.
... incriminate themselves... they would have to answer ALL them questions!

That is a no go. they wouldn't get away with that show stopper over here!

[Eleanor]

No British Publisher in his right mind would have agreed to publish that book in the first place.  And no Television Company would have agreed to broadcast that video or have Amaral sitting on their couch. And nor did Oprah Winfrey, even though Amaral offered.
But it isn't The UK that we are talking about.

I have no real idea what The Judge will decide, but it is looking promising in favour of The McCanns, as far as I can see.

Punitive Damages?  Who really cares?  It's the verdict that matters.  And Freedom of Speech in Portugal isn't quite so Free as some would like to think.

[stephen25000]

No British Publisher in his right mind would have agreed to publish that book in the first place.  And no Television Company would have agreed to broadcast that video or have Amaral sitting on their couch. And nor did Oprah Winfrey, even though Amaral offered.
But it isn't The UK that we are talking about.

I have no real idea what The Judge will decide, but it is looking promising in favour of The McCanns, as far as I can see.

Punitive Damages?  Who really cares?  It's the verdict that matters.  And Freedom of Speech in Portugal isn't quite so Free as some would like to think.

...but libel is very, very hard to prove in Portugal, especially as in this case, it remains 'type of crime unknown'.

Innit.

[Eleanor]

...but libel is very, very hard to prove in Portugal, especially as in this case, it remains 'type of crime unknown'.

Innit.

I think that's the whole point, Stephen.  Amaral says that he knows what happened when clearly he doesn't.

[insider]

The overturning of the book ban was not just based on the laws of freedom of speech and opinion but also on the fact that the book was based on the police files and that the opinion of a policeman with 25 odd years of experience was just as valid as that of anyone else, including the opinion in the archiving report. If you read the "acordão", the judges stated that the McCanns human rights were not maligned, especially since they were the ones who sought media coverage themselves.

The McCanns are mostly annoyed about this case because they were convinced, especially after having Gonçalo Amaral's assets frozen, that the defendents would seek an out of court settlement. This is what happened with the English newspapers and they were convinced that this would happen here, too.

I completely agree and what's more should the current libel case be thrown out as I wholly expect it to be then Amaral will have a very strong case for seeking damages in a Portuguese Court.

[Mr Gray]

I completely agree and what's more should the current libel case be thrown out as I wholly expect it to be then Amaral will have a very strong case for seeking damages in a Portuguese Court.

Your expectation that the libel case will be thrown out shows your judgement and reasoning are seriously flawed. having followed the transcripts of the trial on here and interviews with amaral I see him as a beaten man heading for total humiliation

[stephen25000]

Your expectation that the libel case will be thrown out shows your judgement and reasoning are seriously flawed. having followed the transcripts of the trial on here and interviews with amaral I see him as a beaten man heading for total humiliation

Let's wait for the result of the libel trial.