So what's next in the libel trial saga?

[Alice Purjorick]

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?

Argument by assertion?

[ferryman]

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.

That ruling upheld Amaral's right to free speech over the McCanns' right to a good name.

And it was flawed because it found that the book was solidly based on facts from the files.

Exposure of that flaw is what will enable the judge (of the present trial) to determine libel.

[Eleanor]

You mean lawyers are not doing it for the money?

Don't change the subject.  Or try to derail this Thread.

The question was about Cab Rank Lawyers, which does not apply in this Case.  The McCanns chose Isobel Duarte because she is exceptionally good at what she does.

The McCanns are not on Trial.

Although from what I have seen, Amaral might have done better with a Cab Rank Lawyer.  How many Lawyers has he had now?

[Albertini]

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.

So why wheel out a whole bunch of Brits as witnesses in a Portuguese court?

Wouldn't it have been better to fill your witness list with representatives from Portugal giving evidence for you.

Why the need to wheel out Wright, Cameron, McBride and the rest of the British motley crew then?

[ferryman]

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?

The McCanns will win because the basis of the book is manifestly and fundamentally flawed in fact as has already been admitted in court (seriously, not ironically).

[Mr Gray]

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?

They will win because amaral has quite clearly libelled them. They do not have to prove their innocence...as you can see...it is taken as the default situation...amaral has desperately been trying to justify his statements. The court has seen fit to seize all amarals assets...the book is no longer in print and amaral looks and talks like  abeaten man

[Albertini]

That ruling upheld Amaral's right to free speech over the McCanns' right to a good name.

And it was flawed because it found that the book was solidly based on facts from the files.

Exposure of that flaw is what will enable the judge (of the present trial) to determine libel.

Nope not quite. The ruling stated the book didn't impinge on their rights at all. Here's the line:

The contents of the book does not offend any of the applicants’ fundamental rights.

And if it was flawed judgement why not take the decision which was a hammer blow to the Mccann's to a higher court, or indeed seek to trash it in this case.

Why didn't that happen?

[Eleanor]

So why wheel out a whole bunch of Brits as witnesses in a Portuguese court?

Wouldn't it have been better to fill your witness list with representatives from Portugal giving evidence for you.

Why the need to wheel out Wright, Cameron, McBride and the rest of the British motley crew then?

Because these people know The McCanns.

However, who would you suggest from Portugal who could testify for The McCanns when The McCanns were no longer in Portugal?

Such a silly question.

[Albertini]

They will win because amaral has quite clearly libelled them. They do not have to prove their innocence...as you can see...it is taken as the default situation...amaral has desperately been trying to justify his statements. The court has seen fit to seize all amarals assets...the book is no longer in print and amaral looks and talks like  abeaten man

Amaral has a Judgement in his back pocket which states his book:

The contents of the book does not offend any of the applicants’ fundamental rights.

So how do you arrive at the conclusion that it is "clear" Amaral has libelled them?

What evidence did you hear from the plaintiff's witness which would usurp that judgement  and also prove with facts the damage caused by the book?

[ferryman]

Nope not quite. The ruling stated the book didn't impinge on their rights at all. Here's the line:

And if it was flawed judgement why not take the decision which was a hammer blow to the Mccann's to a higher court, or indeed seek to trash it in this case.

Why didn't that happen?

Because Amaral's right to free speech (was deemed to have) held sway ...

[stephen25000]

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.

That is a matter of opinion, and opinions vary.

The damage to their 'reputation', solely belongs in their court.

They are the architects of their own misfortune.

[Albertini]

Because these people know The McCanns.

However, who would you suggest from Portugal who could testify for The McCanns when The McCanns were no longer in Portugal?

Such a silly question.

Really?

You said the main damage was done in Portugal, so i asked why fill the court with Brits with no knowledge of the damage done in Portugal.

Not silly at all is it? You just didn't grasp the logic did you?

So what could these people offer? They couldn't offer any evidence to support the damage done in Portugal (which is where you claimed the main damage was done) and they could only put forward an opinion that it bothered the McCann's.

That's hardly compelling and damning evidence, is it?

[stephen25000]

Don't change the subject.  Or try to derail this Thread.

The question was about Cab Rank Lawyers, which does not apply in this Case.  The McCanns chose Isobel Duarte because she is exceptionally good at what she does.

The McCanns are not on Trial.

Although from what I have seen, Amaral might have done better with a Cab Rank Lawyer.  How many Lawyers has he had now?

Who said she was exceptionally good ?

Let's face it Amaral has had several changes of lawyer and the outcome of the case clearly worries the McCann's.

That is why  they have been calling extra witnesses for some time.

[Albertini]

The McCanns will win because the basis of the book is manifestly and fundamentally flawed in fact as has already been admitted in court (seriously, not ironically).

The appeal court states otherwise:

In the same way, concerning the applicants’ right to image and a good name: upon placing the case in the public square and giving it worldwide notoriety, the applicants opened all doors to all opinions, even those that are adversarial to them.

In any case, we understand that the allegation of facts that are profusely contained in the judicial inquiry and that were even published through an initiative of the Republic’s Attorney General’s Office, can in no way be seen as an offence against the right to image and a good name of the subjects in the process.

Finally, concerning the damage to the right to usufruct from the penal process’ guarantees, namely the right to a fair investigation and the right to freedom and safety, we still cannot understand how it is possible for said rights to be offended by the contents of a book that describes facts from the investigation, although it parts from the interpretation that the Public Ministry’s Magistrates made of those facts, yet offering based, solidly built and logical interpretations.

We thus reach a point where it seems to be important to stress the following: the indicative facts that led to the applicants’ constitution as arguidos within the inquiry were later on not valued by the Public Ministry’s Magistrates in order to lead to a criminal accusation, but those very same facts, seen through another prism and with another base, may lead to a different conclusion from that which was attained by those same Magistrates – those are indications that were deemed to be insufficient in terms of evidence in a criminal investigation, but they can be appreciated in a different way, in an interpretation that is legitimate to be published as a literary work, as long as said interpretation does not offend any fundamental rights of anyone involved – and we have written above already why we understand that said interpretation does not offend the applicants’ rights.

In a concise manner:

The book at stake in this process – “Maddie – the Truth of the Lie” – which was written by the defendant Dr. Gonçalo Amaral, has the main motivation of defending his personal and professional honour, as the author points out right away in the preface and throughout his text.

The contents of the book does not offend any of the applicants’ fundamental rights.

The exercise of its writing and publication is included in the constitutional rights that are secured to everyone by the European Convention on Human Rights and by the Portuguese Republic’s Constitution, namely in its articles 37 and 38.

Can't fathom why Little Izzy didn't trash the Judgement for all her worth if your opinion was correct. Can you?

[Albertini]

Because Amaral's right to free speech (was deemed to have) held sway ...

I'll keep persevering until it goes in at your end and you accept the facts.

From the Judges:

The contents of the book does not offend any of the applicants’ fundamental rights.