So what's next in the libel trial saga?

[Angelo222]

Let's have a quote from you then that explicitly states the McCanns were not bothered about being made arguidos AFTER the event then, if that is indeed the hair-splitting point at hand.  Nothing you have so far quoted explicitly states that as far as I can see.

You conceding defeat then Alfie?   

You can't do what you have attempted to do and seperate the various events.  It was the fear of being designated arguido which came first and gave effect to the other fears.

[Brietta]

Its in their book Anna or do you think they lied again??

It is a strange thing to call someone a liar on the basis of a statement made by someone else ... is that the accusation being made ... or have I misunderstood the discussion?

[Alice Purjorick]

Let me see if I have this straight.
The case in Portugal was archived largely due to lack of evidence that would lead to a conclusion.
Dr Amaral's book was published after the case was archived.
Therefore the only "search" being carried out, after publication of Dr Amaral's book, which could be damaged was likely to be the private search carried out by agents of Drs McCann or "The Fund". There being no other "official" search.
So the only search that could be damaged or impeded was the one being carried out by McCann agents.
We know this search was not impeded because at least one witness testified so during the current trial (see this forum and thread).
Curiouser and curiouser said Alice....

[Carana]

If it has not been proven true then it is surely libellous, is it not?

Erm... in UK law, yes, but this is not necessarily the case in Portuguese law.

I haven't found many civil defamation cases in Portugal (although perhaps I simply haven't found them).

Many seem to be of the private penal variety (including an investigation into one against a journalist describing a former high official in the PT government as a "clown").

In Portugal, being described as a clown is defamatory (in the penal code) if the person in question is, or was, a professional of repute.

On the other hand, being accused of criminal acts in a civil case doesn't appear to be that clear-cut.

[Alfred R Jones]

You conceding defeat then Alfie?   

You can't do what you have attempted to do and seperate the various events.  It was the fear of being designated arguido which came first and gave effect to the other fears.

  No - as I have already quoted from the book Kate was quite calm and unfearful when the prospect of arguido loomed.  The fear they felt afterwards was, as also explained by Kate the fear of being locked up.  When one is made arguido it doesn't automatically follow that this is the only conclusion, howver the McCanns were seriously worried that the police were moving towards pressing charges - hence their understandable fear.

[Angelo222]

It is a strange thing to call someone a liar on the basis of a statement made by someone else ... is that the accusation being made ... or have I misunderstood the discussion?

They are on record stating that they lied when the need arises.  But don't we all?   

[ferryman]

Erm... in UK law, yes, but this is not necessarily the case in Portuguese law.

I haven't found many civil defamation cases in Portugal (although perhaps I simply haven't found them).

Many seem to be of the private penal variety (including an investigation into one against a journalist describing a former high official in the PT government as a "clown").

In Portugal, being described as a clown is defamatory (in the penal code) if the person in question is, or was, a professional of repute.

On the other hand, being accused of criminal acts in a civil case doesn't appear to be that clear-cut.

I'm pretty sure Isabel would not have recommended a civil action if she felt the nature of the allegations would be a bar to success.

[Angelo222]

I'm pretty sure Isabel would not have recommended a civil action if she felt the nature of the allegations would be a bar to success.

Why?  She will get paid regardless of the outcome and the longer it goes on the more dosh...   

[ferryman]

Totally missing the point.  It was not the status of arguido that filled them with fear, but the prospect of being separated from their kids and banged up in a foreign jail.  Please don't pretend you can't tell the difference FGS!

I'm pretty sure the prospect of being made argudo would fill me with fear, particularly if I knew I was innocent ...

[Angelo222]

And there it is again - another goading comment.

Sorry Alfredo...off to lunch. 

[ferryman]

Why?  She will get paid regardless of the outcome and the longer it goes on the more dosh...   

Isabel is a reputable lawyer

[Angelo222]

I'm pretty sure the prospect of being made argudo would fill me with fear, particularly if I knew I was innocent ...

or guilty!!!

[Angelo222]

Isabel is a reputable law.

If you say so, I know you are always correct.  But then I remembered the day she attacked Anne Guedes outside the court. So unprofessional.  And as for Afonso and his twitter threats...

[stephen25000]

I'm pretty sure the prospect of being made argudo would fill me with fear, particularly if I knew I was innocent ...

Innocent of what ?

The crime has yet to be established.

[ferryman]

or guilty!!!

On all the balance of evidence the first seems pretty clear-cut.

Almost always ...