So what's next in the libel trial saga?

[ferryman]

So if Montclaire is right, it all kicks off again tomorrow.

Has anyone seen any reports apart from Martin Brunt's tweet?

[jassi]

No.  Do you think the UK media will be very interested in reporting it?

[Montclair]

No.  Do you think the UK media will be very interested in reporting it?

Probably not because it will only be the lawyers giving their final allegations.

[Anna]

I did read in one of the newspapers, that the trial resumes on Wed 10th dec.
I am not sure that the  McCanns will need to be present though, as the decision is not likely yet.
It will be final argument time only IMO.

[Brietta]

But Mr Pike told the court: “It was an indicator of how she felt rather than something she ever intended to do.”


I can understand why the mother of a missing child could be distressed enough to go for a swim and just keep on swimming. 

Few have been subject to the added trauma that Dr McCann has.

In fact I can't think of a single case of the lead detective in a failed investigation writing a book to reinforce an improbable thesis for which there is no evidence ... but to ensure that the parents of a missing child against whom there is not a shred of evidence ... are implicated in an associated crime. 

IMO I think Dr Amaral should have gone for settlement some time ago before the flaws in his theory became exposed. 

The fact that the new PJ and SY investigation are questioning witnesses and suspects known to each other but not to the McCanns and their friends indicate where the judgement should go in the real world. 

We shall just have to contain ourselves till February ... maybe March ... maybe ... oh well whenever ... to see where the evidence presented in court will take the learned Judge.

[Carana]

But Mr Pike told the court: “It was an indicator of how she felt rather than something she ever intended to do.”


I can understand why the mother of a missing child could be distressed enough to go for a swim and just keep on swimming. 

Few have been subject to the added trauma that Dr McCann has.

In fact I can't think of a single case of the lead detective in a failed investigation writing a book to reinforce an improbable thesis for which there is no evidence ... but to ensure that the parents of a missing child against whom there is not a shred of evidence ... are implicated in an associated crime. 

IMO I think Dr Amaral should have gone for settlement some time ago before the flaws in his theory became exposed. 

The fact that the new PJ and SY investigation are questioning witnesses and suspects known to each other but not to the McCanns and their friends indicate where the judgement should go in the real world. 

We shall just have to contain ourselves till February ... maybe March ... maybe ... oh well whenever ... to see where the evidence presented in court will take the learned Judge.

If he had, wouldn't that have hampered his numerous guest appearances on TV?

Whatever the judge rules, it's bound to go to appeal...

[ferryman]

If he had, wouldn't that have hampered his numerous guest appearances on TV?

Whatever the judge rules, it's bound to go to appeal...

I'm far from convinced about that, you know.

For there to be an appeal, there has to be a basis of appeal.

Particularly as Amaral (via his own lawyer) admitted that Madeleine could be alive, right at the outset of proceedings, what possible basis could there be?

I honestly just don't see it, even in a system as prone to allowing appeals as the Portuguese system is ...

[ferryman]

I did read in one of the newspapers, that the trial resumes on Wed 10th dec.
I am not sure that the  McCanns will need to be present though, as the decision is not likely yet.
It will be final argument time only IMO.

Which paper was that, Anna?

Do you remember?

[jassi]

According to the Independent, today -

"This week, Mr and Mrs McCann will also hear final speeches from lawyers involved in a £1million libel action brought by the couple against former Portuguese Mr Amaral over claims he made in his 2008 book The Truth Of The Lie."

Wording  suggests they might be there in court, but of course, that may not be so at all.

[ferryman]

According to the Independent, today -

"This week, Mr and Mrs McCann will also hear final speeches from lawyers involved in a £1million libel action brought by the couple against former Portuguese Mr Amaral over claims he made in his 2008 book The Truth Of The Lie."

Wording  suggests they might be there in court, but of course, that may not be so at all.

Thank you.

[pegasus]

Jornal de Notícias, paper edition, December 10, 2014
http://joana-morais.blogspot.com/2014/12/mccanns-complaint-in-final-allegations.html
"In a statement to JN on the trial that has lasted five years, the former PJ coordinator considers that the couple's goal, apart from an eventual monetary compensation, is to “convert the trial in an exoneration of their own responsibilities in the disappearance of their daughter”. And he justifies his opinion stating that “throughout these last five years they have attempted to convey the idea that this trial is about their innocence, when legally that is not what is at stake” since what is being argued at the trial is the “lawfulness or unlawfulness of the book I wrote and, and if so, whether it is possible to establish a causality link between the book and the possible damages they allege to have suffered”."

[Carana]

Jornal de Notícias, paper edition, December 10, 2014
http://joana-morais.blogspot.com/2014/12/mccanns-complaint-in-final-allegations.html
"In a statement to JN on the trial that has lasted five years, the former PJ coordinator considers that the couple's goal, apart from an eventual monetary compensation, is to “convert the trial in an exoneration of their own responsibilities in the disappearance of their daughter”. And he justifies his opinion stating that “throughout these last five years they have attempted to convey the idea that this trial is about their innocence, when legally that is not what is at stake” since what is being argued at the trial is the “lawfulness or unlawfulness of the book I wrote and, and if so, whether it is possible to establish a causality link between the book and the possible damages they allege to have suffered”."

Cough, cough. And who was it who was at one point looking forward to them suing him so that he could see them in court?

However, I agree that it is actually about the: “lawfulness or unlawfulness of the book I wrote and, and if so, whether it is possible to establish a causality link between the book and the possible damages they allege to have suffered”."

[Carana]

As outrageous as I find his spoutings, I'm not convinced that the McCanns will win. It would be a no-brainer if the case were in the UK, but it's Portuguese law that has to be applied.

Whatever the initial outcome, it's likely to drag on for another 10 years via the appeal process at this rate.

[faithlilly]

As outrageous as I find his spoutings, I'm not convinced that the McCanns will win. It would be a no-brainer if the case were in the UK, but it's Portuguese law that has to be applied.

Whatever the initial outcome, it's likely to drag on for another 10 years via the appeal process at this rate.

I think the appeals process will last as long as there remains money in the fund. After that who knows !

[Angelo222]

As outrageous as I find his spoutings, I'm not convinced that the McCanns will win. It would be a no-brainer if the case were in the UK, but it's Portuguese law that has to be applied.

Whatever the initial outcome, it's likely to drag on for another 10 years via the appeal process at this rate.

They were the architect of their own demise in the public opinion stakes.  If they lose let's hope they have deep pockets.