So what's next in the libel trial saga?

[ferryman]

It means to me that she isn't as daft as some might think. 

Only statements can be proved or not.  The damage done to The McCanns can only be an opinion.

Do you think that Amaral's "earnings" from sales (etc.) might be taken as a quantifiable indicator of damage?

[Alice Purjorick]

Do you think that Amaral's "earnings" from sales (etc.) might be taken as a quantifiable indicator of damage?

I doubt it. The number of copies sold and the circulation might though.
It is interesting that he appears only to have made 350 grand out of it.

[John]

I don't care what anyone says, I cannot see how the judge can decide this case until the truth is known about Madeleine.  The McCanns claim she was abducted by someone while Amaral disputes this and theorizes that she met her end in another way.

The McCanns are claiming damages against Amaral on the basis that his book, which promotes his theories, did untold damage to them and their children including Madeleine.  To win their action they have to prove his theory to be false and thus defamatory.

[stephen25000]

I don't care what anyone says, I cannot see how the judge can decide this case until the truth is known about Madeleine.  The McCanns claim she was abducted by someone while Amaral disputes this and theorizes that she met her end in another way.

The McCanns are claiming damages against Amaral on the basis that his book, which promotes his theories, did untold damage to them and their children including Madeleine.  To win their action they have to prove his theory to be false and thus defamatory.

I totally agree.

Until Madeleine's fate has been ascertained, this trial is irrelevant.

[Mr Gray]

I don't care what anyone says, I cannot see how the judge can decide this case until the truth is known about Madeleine.  The McCanns claim she was abducted by someone while Amaral disputes this and theorizes that she met her end in another way.

The McCanns are claiming damages against Amaral on the basis that his book, which promotes his theories, did untold damage to them and their children including Madeleine.  To win their action they have to prove his theory to be false and thus defamatory.

you are totally wrong...the mccanns do not have to prove amaral wrong...this is not how libel works

[Jean-Pierre]

I don't care what anyone says, I cannot see how the judge can decide this case until the truth is known about Madeleine.  The McCanns claim she was abducted by someone while Amaral disputes this and theorizes that she met her end in another way.

The McCanns are claiming damages against Amaral on the basis that his book, which promotes his theories, did untold damage to them and their children including Madeleine.  To win their action they have to prove his theory to be false and thus defamatory.

In the eyes of the law the McCanns are innocent.  Amaral has written a book claiming that they are criminals. 

[Alfred R Jones]

I don't care what anyone says, I cannot see how the judge can decide this case until the truth is known about Madeleine.  The McCanns claim she was abducted by someone while Amaral disputes this and theorizes that she met her end in another way.

The McCanns are claiming damages against Amaral on the basis that his book, which promotes his theories, did untold damage to them and their children including Madeleine.  To win their action they have to prove his theory to be false and thus defamatory.

If that's the case then why didn't the judge say so at the outset, or does she just enjoy wasting everyone's time and money?

[Eleanor]

Do you think that Amaral's "earnings" from sales (etc.) might be taken as a quantifiable indicator of damage?

I have always thought that his Television Interviews, Newspaper Articles and The Video did far more damage than The Book, although the lies mostly stem from The Book.

Tis difficult to assess damage from earnings, but I do think he must not be allowed to profit.

[John]

you are totally wrong...the mccanns do not have to prove amaral wrong...this is not how libel works

That is the reality Dave.   Anyone who has read and studyed the full court reports as I have done several times will realise that the McCanns led the libel claim by introducing evidence of their suffering. They provided no evidence whatsoever to support their abduction claim quite simply because there is none.   Amaral on the other hand produced senior police and ministry witnesses who supported the conclusions of the original investigation on which his book was based.  The McCanns undoubtedly suffered much embarrassment by the publication of Amaral's book but the question is, did they bring it upon themselves or are they simply victims of a dreadful crime.

To answer that question you need to solve the mystery.

[John]

If that's the case then why didn't the judge say so at the outset, or does she just enjoy wasting everyone's time and money?

The judge is there to hear the evidence and to rule on the Law.

[Albertini]

It means to me that she isn't as daft as some might think. 

Only statements can be proved or not.  The damage done to The McCanns can only be an opinion.

Well she is armed with an Appeal court verdict stating that the book was a logical interpretation of the facts.

Then in terms of damage done it is entirely quantifiable in terms of measuring the impact of the book's message through the circulation of its contents through media outlets.

Yet none of the the McCann witnesses offered any statistics about the number of negative articles produced as a result of the book's launch.  Why don you think that is?

Although if a previous court argues that the book does not offend the McCann 's rights as the starting point, then surely the impact of said book should not be of any consideration.

In another words if a PT court has ruled the book as legitimate in terms of its contents then how can its impact then lead to libel?

Either the book is libellous and should be banned (which it wasn't), or it's not libellous and ok to be sold therefore the impact of its message makes no difference because in the first instance it does not offend the McCann's rights.

[Mr Gray]

That is the reality Dave.   Anyone who has read and studyed the full court reports as I have done several times will realise that the McCanns led the libel claim by introducing evidence of their suffering. They provided no evidence whatsoever to support their abduction claim quite simply because there is none.   Amaral on the other hand produced senior police and ministry witnesses who supported the conclusions of the original investigation on which his book was based.  The McCanns undoubtedly suffered much embarrassment by the publication of Amaral's book but the question is, did they bring it upon themselves or are they simply victims of a dreadful crime.

To answer that question you need to solve the mystery.

the mccanns produced no evidence of abduction because they don't have to....the onus of proof is on amaral..amaral did because he has to justify his comments. McCanns have simply shown how much damage they have suffered so the judge can assess damages

[Mr Gray]

Well she is armed with an Appeal court verdict stating that the book was a logical interpretation of the facts.

Then in terms of damage done it is entirely quantifiable in terms of measuring the impact of the book's message through the circulation of its contents through media outlets.

Yet none of the the McCann witnesses offered any statistics about the number of negative articles produced as a result of the book's launch.  Why don you think that is?

Although if a previous court argues that the book does not offend the McCann 's rights as the starting point, then surely the impact of said book should not be of any consideration.

In another words if a PT court has ruled the book as legitimate in terms of its contents then how can its impact then lead to libel?

Either the book is libellous and should be banned (which it wasn't), or it's not libellous and ok to be sold therefore the impact of its message makes no difference because in the first instance it does not offend the McCann's rights.

the ban was overturned because the book had not been proved libellous...that's what this trial will decide

[Matthew Wyse]

That is the reality Dave.   Anyone who has read and studyed the full court reports as I have done several times will realise that the McCanns led the libel claim by introducing evidence of their suffering. They provided no evidence whatsoever to support their abduction claim quite simply because there is none.   Amaral on the other hand produced senior police and ministry witnesses who supported the conclusions of the original investigation on which his book was based.  The McCanns undoubtedly suffered much embarrassment by the publication of Amaral's book but the question is, did they bring it upon themselves or are they simply victims of a dreadful crime.

To answer that question you need to solve the mystery.

Hasnt it been said time and time again that the McCanns and their pals were the primary reason why the investigation was shelved?  The archiving report states unequivocally that the McCanns lost the opportunity to clear their name by refusing to cooperate with the police.  Nuff said imo.

[stephen25000]

In the eyes of the law the McCanns are innocent.  Amaral has written a book claiming that they are criminals.

No.

He made an hypothesis.

Where has the hypothesis of accidental death been disproved exactly ?

and you say 'innocent' of what exactly ?

What this case is all about is a personal vendetta against Amaral and the pursuance of money.

None of which would have occurred if the mccanns had taken care of their children properly.