So what's next in the libel trial saga?

[stephen25000]

Surely it goes without saying that Amaral's claims in his book would be damaging to the search for her - as common sense dictates there would be no point in continuing to believe that she could be found alive by those people who -  purely as a result of reading his book   - became convinced that she was dead.     But how you could accurately quantify the amount of damage done in that way - I simply do not know.

Trouble is, the search didn't stop, did it ?

and no matter what you would like people to believe, you can't make them believe in an abduction.

[ferryman]

Surely it goes without saying that Amaral's claims in his book would be damaging to the search for her - as common sense dictates there would be no point in continuing to believe that she could be found alive by those people who -  purely as a result of reading his book   - became convinced that she was dead.     But how you could accurately quantify the amount of damage done in that way - I simply do not know.

Good post.

But in response to the part I underline, I would say damage could be quantified by the amount Amaral made from selling his book and video, and from giving interviews.

[stephen25000]

Good post.

But in response to the part I underline, I would say damage could be quantified by the amount Amaral made from selling his book and video, and from giving interviews.

So what will you do ferryman when the judge says the mccanns haven't proven their case for 'compensation' ?

[Alice Purjorick]

How can this trial be just about damages?  If so then surely that is acknowledgement that damaged has been suffered!

How do you figure that out?
The court case surely is to determine whether the writ claiming damages can be upheld at law ?

[Mr Gray]

Probably about as much notice as they'll take of Pike's, McBride's and Hubbard's.

I think you actually believe it

[slartibartfast]

Good post.

But in response to the part I underline, I would say damage could be quantified by the amount Amaral made from selling his book and video, and from giving interviews.

Mad...

[Jean-Pierre]

You don't even realise that this is a damages trial!

In which case you mean the case has been settled in favour of the McCanns and all that now remains is to settle the amount of damages due to them. 

Well well well.   

[Alfred R Jones]

Hang on a minute.

The McCann's called these people to testify on their behalf and to provide their evidence as to the state of their  mind. I think it was Funnyman that described them as the people who knew them best, or words to that effect.

If these witnesses have stated to the court that the McCann's weren't bothered, were expecting to be made Arguido's or weren't preoccupied by the Arguido status BUT kate said in her book that they considered fleeing the border then clearly they don't know them that well do they?

Or they do know them well and didn't tell the truth to the Court.

Either way it calls in to question their reliability and their opinions. After all if their assessments of Kate & Gerry's state of mind was so far off the mark and in such stark contrast to what Kate wrote in her book, then shouldn't the court presume that the rest of their testimony was as equally unreliable?

Why should the court believe any of their other claims?

I find it a bit odd that several of their witnesses stated the Arguido status didn't bother them but not one of them said anything which matched Kate's description in her book.

Don't you?

If i was of a suspicious mind I'd wonder if there was a coached "narrative" here.

LOL @ "if I was of a suspicious mind"!  Surely, if there was a "coached narrative" they'd ALL be singing from the same hymn sheet?  Can there really be any doubt whatsoever that Amaral's book hurt the McCanns badly?  Or do you think it didn't and they are pursuing Amaral purely for the cash?  Is that what you REALLY believe? 

[stephen25000]

In which case you mean the case has been settled in favour of the McCanns and all that now remains is to settle the amount of damages due to them. 

Well well well.   

AND THE TRIAL WILL GO ON, AND ON, AND ON....................

[Albertini]

Surely it goes without saying that Amaral's claims in his book would be damaging to the search for her - as common sense dictates there would be no point in continuing to believe that she could be found alive by those people who -  purely as a result of reading his book   - became convinced that she was dead.     But how you could accurately quantify the amount of damage done in that way - I simply do not know.

It's eminently quantifiable. In Portugal  the book sales are a statement of fact. But over there we have the appeals judge stating that the book does not impinge on the McCann's rights and is a valid interpretation of the facts of the case.

So the McCann's brought people to stand up in court for them to quantify the impact in the Uk. Now McBride provided no numbers but he could have done so had he wished.

He could have looked at the number of stories published online and counted whether there was an increase in published stories in the Uk after the book came out.

He didn't produce those figures.

Care to guess why?

[jassi]

In which case you mean the case has been settled in favour of the McCanns and all that now remains is to settle the amount of damages due to them. 

Well well well.   

Could a carefully-honed PR image not be claimed to be  damaged even if what was said was not libel ? - ie something might be true but still damaging to an image.

[Alfred R Jones]

Could a carefully-honed PR image not be claimed to be  damaged even if what was said was not libel ? - ie something might be true but still damaging to an image.

What was written in Amaral's book that has been proven to be true which damaged the McCanns?

[Benice]

Good post.

But in response to the part I underline, I would say damage could be quantified by the amount Amaral made from selling his book and video, and from giving interviews.

Yes I do take your point on that Ferryman.   I agree it would be an indication, but we don't know how many of the people who read his book and watched his interviews actually believed him and how many people didn't.   IMO far more people did believe him than didn't   - but how can you prove it?

Maybe I'm being too pessimistic, but for reasons previously stated - I'm simply not confident enough in the PT judicial system to be sure that the McCanns will get justice and win their case.

Whatever the outcome - I hope they will draw a line under it rather than be dragged into years of appeals etc.

The case has been re-opened by the Portuguese police and they are not suspects - and to me -  that is far more important than Amaral's book - which IMO has been thoroughly negated by those facts.

[Alice Purjorick]

It's eminently quantifiable. In Portugal  the book sales are a statement of fact. But over there we have the appeals judge stating that the book does not impinge on the McCann's rights and is a valid interpretation of the facts of the case.

So the McCann's brought people to stand up in court for them to quantify the impact in the Uk. Now McBride provided no numbers but he could have done so had he wished.

He could have looked at the number of stories published online and counted whether there was an increase in published stories in the Uk after the book came out.

He didn't produce those figures.

Care to guess why?

My guess, for some considerable time now, is that it was never in "the script" that the case should reach court and the plaintiffs side were ill prepared for what happened. Well assuming the litany of duff responses from the key witnesses was not intended.
Cite? This forums own court reports.

[Albertini]

LOL @ "if I was of a suspicious mind"!  Surely, if there was a "coached narrative" they'd ALL be singing from the same hymn sheet?  Can there really be any doubt whatsoever that Amaral's book hurt the McCanns badly?  Or do you think it didn't and they are pursuing Amaral purely for the cash?  Is that what you REALLY believe?

kate Mccann:

Gerry was seriously considering sneaking us into a car and driving us all across the border to Spain. It would have been crazy.

Michael Wright at the libel trial -

says it's very common and normal that the parents are the first suspects. He adds that being arguidos wasn't a preoccupation for the McCanns.

Trish Cameron at the libel trial -

says that it was very different. Before, when they were arguidos, they were quite unhappy, but the effect of the book was very different because it offered a conclusion which effectively was demonising and dehumanising her brother and her sister in law.

Alan Pike at the libel trial -

says the McCanns were confused about not having been made arguidos sooner, because it was quite normal in an investigation for people close to the victim to be investigated first. He says they expected it.

Susan Hubbard at the libel trial - says the McCanns didn't fear the arguido status because they knew they were innocent.

Angus McBride at the libel trial -

says he has no idea and doesn't have numbers.

Can't you see a narrative to downplay the impact of being made Arguido and kate's own word?

If you cannot i wonder why not?