So what's next in the libel trial saga?

[Carana]

Well if that's the case they won't win.  How do you quantify the amount of harm done to the search for a missing person?

That's part of the issue, IMO. I'm not sure if there's any legal precedent in Portugal on that, although I would have thought that it was the strongest point. Eliminating Madeleine's rights weakens the case.

How are the parents supposed to prove the extent of direct damage done by Amaral & co.., via the book, film and various interviews (if they are included) to the rest of the family?

The constant leaks of half-truths coming out of Portugal under Amaral's watch won't count (cf Murat v CdaM et al).

My concern is that, if he does win, certain quarters will be crowing that his hypothesis was correct, when, in fact, the legal basis of the case is quite different.

[jassi]

body or no body, Amaral has hindered the search to find out what really happened to Madeleine, by trying to convince the world that the culprits were the parents.  I'm sure on that basis alone the judgment would stand.

I can't see how Amaral had any effect on any of the private detectives employed by the McCanns to search for Madeleine.
Why should  the McCanns have  expected the general public to do their searching for them when they had these detectives at their beck and call?

[faithlilly]

This whole saga seems to be a sequence of deadlines for something to happen, with the expiry of one deadline hotly pursued by the inception of another deadline for something else to happen; and (usually) no clear indication of whether the deadline for the previous occurrence was actually met or not.

It's all very confusing ...

Wouldn't it gave been so much simpler if the McCanns had sued Amaral in the UK ? Gilet has lead us to believe that they are considering just such an action if they win in Portugal so why not sue him in this country to begin with ?

[Carana]

I agree Carana - I don't see how such damage can be quantified - as they can't assess what would have happened if Amaral had not written his book.    However, I truly believe the McCanns would be more than content with a judgement  that the book is libellous - and that compensation is not their main concern.   IMO the figure of £1m plus was asked for because that was the estimated profit Amaral made from his book.  Obviously the idea of him living the high life on the back of their little girl would be grossly offensive to them.

I wouldn't like to even hazard a guess at the outcome of this trial - as nothing would surprise me.

Again, it will depend on the judge and what is taken into account in the first instance. Some of what he has stated is in the initial portion of the files, but other assertions are based on hearsay or on "misunderstandings". He became bolder in his interviews. I have no idea whether the judge will find that he had ought to have read all of the available files and thereby rectify the incorrect assumptions to which he responded on pink matinée TV couches. Who knows?

[Carana]

I can't see how Amaral had any effect on any of the private detectives employed by the McCanns to search for Madeleine.
Why should  the McCanns have  expected the general public to do their searching for them when they had these detectives at their beck and call?

It depends what you call "searching". Trying to keep the public vigilant is also a form of helping the search. By asserting that she died (based on no evidence), Amaral was negating that effort.

For me, the issue goes beyond Madeleine - something similar could happen to anyone, anywhere.

Not only that, but there is a substantial possibility that some creep is still out there who could strike again.

[faithlilly]

It depends what you call "searching". Trying to keep the public vigilant is also a form of helping the search. By asserting that she died (based on no evidence), Amaral was negating that effort.

For me, the issue goes beyond Madeleine - something similar could happen to anyone, anywhere.

I believe the McCanns were always aware that they could never prove in a court that Amaral's book had harmed the search. It was simply a way to justify them using the fund to pay for their litigation in Portugal.

[jassi]

It depends what you call "searching". Trying to keep the public vigilant is also a form of helping the search. By asserting that she died (based on no evidence), Amaral was negating that effort.

For me, the issue goes beyond Madeleine - something similar could happen to anyone, anywhere.

Not only that, but there is a substantial possibility that some creep is still out there who could strike again.

That would only be true for those who took heed of what he said.
As he didn't run an international awareness campaign claiming she was dead, I don't suppose his influence would have been very great outside of Portugal.

[Alfred R Jones]

That would only be true for those who took heed of what he said.
As he didn't run an international awareness campaign claiming she was dead, I don't suppose his influence would have been very great outside of Portugal.

Portugal is where Madeleine went missing and there is a high probability that whoever took her had close connections with Portugal, and may still reside in Portugal.  Amaral has been extraordinarily successful in convincing the Portuguese that the McCanns are as guilty as hell, which isn't very helpful in the search for answers. 

[Carana]

That would only be true for those who took heed of what he said.
As he didn't run an international awareness campaign claiming she was dead, I don't suppose his influence would have been very great outside of Portugal.

Hmmm. He seems to have clearly affected opinion in Portugal, which is where she disappeared from after all and where she might actually still be (dead or alive). He has given some interviews to foreign media, as have his pals, and his spoutings have been widely translated or summarised in MSM or social media elsewhere.

It's on record that the PT police were leaking like a sieve, and nearly all of the leaks were under his watch. That, however, is unlikley to be taken into account, but quite likely added to the best-selling element of his book.

[Carana]

Portugal is where Madeleine went missing and there is a high probability that whoever took her had close connections with Portugal, and may still reside in Portugal.  Amaral has been extraordinarily successful in convincing the Portuguese that the McCanns are as guilty as hell, which isn't very helpful in the search for answers.

Snap.

[Carana]

I believe the McCanns were always aware that they could never prove in a court that Amaral's book had harmed the search. It was simply a way to justify them using the fund to pay for their litigation in Portugal.

I don't follow the logic.

[faithlilly]

I don't follow the logic.

Oh I'm sure you do Carana.

[Carana]

Oh I'm sure you do Carana.

Nope.

You said:

It was simply a way to justify them using the fund to pay for their litigation in Portugal.

I don't know what you mean by that.

[Mr Gray]

    To secure the safe return to her family of Madeleine McCann who was abducted in Praia da Luz, Portugal on Thursday 3rd May 2007;
    To procure that Madeleine's abduction is thoroughly investigated and that her abductors, as well as those who played or play any part in assisting them, are identified and brought to justice;

so there you are...the book certainly interfered with the search by convincing people maddie was dead and her parents involved

[Carana]

I think it's worth reading the Murat appeal ruling although several aspects are unlikely to be relevant to the McCann trial.

http://www.dgsi.pt/jtrl.nsf/33182fc732316039802565fa00497eec/8ae65886ef70827180257b63003d7a75?OpenDocument

From what I can decipher, he originally lost his case, but won on appeal on a number of grounds that were accepted (some weren't).

He couldn't prove either that the allegations against him were false, which is one of the conditions for civil responsibility liability. However, the appeal judges took into account the presumption of innocence and a number of other factors.

On the other hand, Portuguese media law came into play in his case as he was suing a periodical: the editor of a newspaper (CdaM) and the journalists who penned the articles. PT media law seems fairly clear concerning the rights and duties of the press.

What is less clear to me is whether media law would extend to the author, publisher, broadcaster and distributor in the McCann case.