Author Topic: So what's next in the libel trial saga?  (Read 313865 times)

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Offline jassi

Re: So what's next in the libel trial saga?
« Reply #675 on: December 16, 2014, 03:46:46 PM »
Having first advised them of the [ censored word ] and cons.


Of course, and some people will just ignore them and go ahead anyway.
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline Eleanor

Re: So what's next in the libel trial saga?
« Reply #676 on: December 16, 2014, 03:49:21 PM »
The fact that The McCanns asked for 1.2 Million Euros does not mean that they will get that much.  A figure has to be stated, as in does in English Law.  Or am I wrong about that?

In English Law it is something to do with Out of Court Offers that might be rejected.  Jean Peirre would know more of the details than I do.
But in the end, The McCanns can only get what Amaral has got, hence the seizure of his property as well as his money.

Personally, I have never thought that they would get that much, and I don't think they care anyway.

I would actually like to see Amaral come out of this ghastly mess with something, if not least to put a stop to his horrendous moaning about how The McCanns have destroyed him.
He wasn't forced to leave The PJ and write a book.  That was his choice.

I have other thoughts on this subject, but not really relevant on this thread.

Offline Alice Purjorick

Re: So what's next in the libel trial saga?
« Reply #677 on: December 16, 2014, 03:50:19 PM »
Simple answer is it cannot.  As already pointed out, these proceedings are about seeking compensation for the damage alleged to have been done to the McCann family when Gonçalo Amaral published his book and DVD.  The witnesses brought to court by the McCann lawyers all gave evidence on this basis.

I was rather hoping for a reasoned response from the other side of the fence as it were  8(0(*
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline Eleanor

Re: So what's next in the libel trial saga?
« Reply #678 on: December 16, 2014, 03:51:29 PM »

Of course, and some people will just ignore them and go ahead anyway.

No sensible Lawyer, certainly not of Isabel Duarte's standing, prosecute a  Dead Duck Case.

stephen25000

  • Guest
Re: So what's next in the libel trial saga?
« Reply #679 on: December 16, 2014, 03:54:51 PM »
No sensible Lawyer, certainly not of Isabel Duarte's standing, prosecute a  Dead Duck Case.

What is her standing ?

Offline Alice Purjorick

Re: So what's next in the libel trial saga?
« Reply #680 on: December 16, 2014, 03:56:47 PM »
No sensible Lawyer, certainly not of Isabel Duarte's standing, prosecute a  Dead Duck Case.

You do not subscribe to the "cab rank" principle for lawyers then?
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline jassi

Re: So what's next in the libel trial saga?
« Reply #681 on: December 16, 2014, 03:59:27 PM »
What is her standing ?


About 4 foot six, isn't she?
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline Mr Gray

Re: So what's next in the libel trial saga?
« Reply #682 on: December 16, 2014, 04:11:15 PM »
Much as some would like to ignore...there is a libel trial taking place...defamation is how the Portuguese have described the trial. So posters can spin all they wish....hopefully the ruling will put paid to the incorrect claims being made.

Offline Albertini

Re: So what's next in the libel trial saga?
« Reply #683 on: December 16, 2014, 04:14:28 PM »
The libel trial is about assessing damage, both to the reputations of the McCanns and the search for Madeleine caused by a book and a video that both assert (contrary to truth) that Madeleine was established as dead by the shelved enquiry, that the McCanns know she is dead and covered up the fact of her death and that the McCanns launched a fraudulent "appeal" in their (dead) daughter's name.

I assume most would agree that Isabel Duarte knows a thing or two more about Portuguese law than anyone here, and she believes the McCanns have a very good chance of succeeding.

Damages sought are high by the standard that is usual in Portugal, I admit that.

But is there a (Portuguese) precedent for a book and a video published in several countries of one continent that peddles such falsehood on such a scale?

I bet there isn't.

The libel trial is about assessing if the book was libellous. Then if it is proven it is the extent of the damage caused. 

Given the words of the previous Judges and the lack of anything other than opinion and zero quantifiable facts from the plaintiff's witness supporting the allegations it is most definitely not the forgone conclusion you seem to think it is.

If you are going to claim that you have suffered damage at least try and quantify it through, for example, a record of increased media stories promoting the book's claims.

None was forthcoming from any witness or lawyer. 

And i come back to the Appeal court Judges who stated the book did not offend the Mccann's rights. 

If it didn't offend their rights and was fine to be sold, how can another (lower) court Judge then rule it did offend their rights and was libellous?

And to try and use the fact that a lawyer who was to be paid took their case on as some indicator of the strength of case is laughable beyond belief.

Offline Jean-Pierre

Re: So what's next in the libel trial saga?
« Reply #684 on: December 16, 2014, 04:15:07 PM »
You do not subscribe to the "cab rank" principle for lawyers then?

Irrelevant.  Does not apply in this case. 

Offline jassi

Re: So what's next in the libel trial saga?
« Reply #685 on: December 16, 2014, 04:15:38 PM »
Much as some would like to ignore...there is a libel trial taking place...defamation is how the Portuguese have described the trial. So posters can spin all they wish....hopefully the ruling will put paid to the incorrect claims being made.


I certainly do hope so.
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline Albertini

Re: So what's next in the libel trial saga?
« Reply #686 on: December 16, 2014, 04:16:25 PM »
Much as some would like to ignore...there is a libel trial taking place...defamation is how the Portuguese have described the trial. So posters can spin all they wish....hopefully the ruling will put paid to the incorrect claims being made.

Enlighten us all and put forward what information from which witnesses makes you think the McCann's will win the case?

Why do you think they will win, on what basis and with what evidence which was brought before the court?


Offline Alice Purjorick

Re: So what's next in the libel trial saga?
« Reply #687 on: December 16, 2014, 04:17:34 PM »
Irrelevant.  Does not apply in this case.

You mean lawyers are not doing it for the money?
"Navigating the difference between weird but normal grief and truly suspicious behaviour is the key for any detective worth his salt.". ….Sarah Bailey

Offline Eleanor

Re: So what's next in the libel trial saga?
« Reply #688 on: December 16, 2014, 04:21:15 PM »
The Horrendous Spin and Disinformation and Lies did not cease in Portugal.  Which is where this Trial is taking place.  In fact it all took off at an alarming rate, wherein Amaral was given an almost daily platform.  That is where the most damage was done, to the search and the reputation of The McCanns and to their wellbeing.

Offline Jean-Pierre

Re: So what's next in the libel trial saga?
« Reply #689 on: December 16, 2014, 04:21:53 PM »
You mean lawyers are not doing it for the money?

Wash your mouth out, Alice.  The mere suggestion that lawyers may be offering their services free of charge runs a cold shiver down my spine.

I meant the cab rank principle does not apply here.  And indeed would not even were the case to be conducted in the UK.