So what's next in the libel trial saga?

[Alice Purjorick]

I think you should read your books...in red...truth is a defense to libel....but the mccanns do not have to prove maddie didn't die in the apartment....amaral has to prove she did

I don't follow why you are saying something I said?
Good day sir.

[ferryman]

Is he really?
If he thinks, as he said, that it is a possibility she died in the apartment then he also must believe there is a possibility she was not abducted the two being kind of mutually exclusive.

Wrong again.

They are investigating an intruder who abused children in their beds ...

[Carana]

If that question is resultant from my post I suggest you read the post again as it implies no such thing.
If you are subtly asking for advice because you are uncertain about libel try this:
"To establish a prima facie case of defamation, four elements are generally required:  a false statement purporting to be fact concerning another person or entity; publication or communication of that statement to a third person; fault on the part of the person making the statement amounting to intent or at least negligence; and some harm caused to the person or entity who is the subject of the statement".
In English and Welsh law the burden of proof is on the defendant to demonstrate what he said is defensible.
If what he said was true then job jobbed. I can recommend several good books and papers if you wish to know more.

Portuguese law might be more useful in this case.

[Mr Gray]

Portuguese law might be more useful in this case.

and no one on here is an authority on Portuguese law

[ferryman]

Is he really?
If he thinks, as he said, that it is a possibility she died in the apartment then he also must believe there is a possibility she was not abducted the two being kind of mutually exclusive.

That's what he says: stranger abduction.

[stephen25000]

no...amaral is claiming things as facts...that are not facts...traces belonging to maddies corpse being found in the hire car....if you don't realise that is libellous....

You're clutching at straws Dave.

We've been through all this before.

Saying there was possibly indications of a dead body isn't libellous.

Get a grip on reality.

[stephen25000]

Wrong again.

They are investigating an intruder who abused children in their beds ...

Have SY proved a connection exists, or is this more hot air ?

[stephen25000]

That's what he says: stranger abduction.

He may believe in it.

He also may believe in 6 eyes aliens from Alpha Centauri,  but it doesn't make it true.

[Mr Gray]

You're clutching at straws Dave.

We've been through all this before.

Saying there was possibly indications of a dead body isn't libellous.

Get a grip on reality.

he doesn't use the words possibly..if he did that wouldn't be libellous...he states it as a fact


GA: … which are in fact from the little girl

[stephen25000]

he doesn't use the words possibly..if he did that wouldn't be libellous...he states it as a fact


GA: … which are in fact from the little girl

How do you know the 'traces' from various sampled areas weren't ?

and Dave, you can't libel the dead.

[Mr Gray]

How do you know the 'traces' from various sampled areas weren't ?

and Dave, you can't libel the dead.

are you another one just acting thick

[stephen25000]

are you another one just acting thick

No Dave.

That's  been your prerogative on this forum and then some.

[Carana]

How do you know the 'traces' from various sampled areas weren't ?

and Dave, you can't libel the dead.

Erm... libelling the dead is a criminal offence in Portugal.

ETA:

From the 2007 Penal Code:

Artigo 185.o
Ofensa à memória de pessoa falecida
1 - Quem, por qualquer forma, ofender gravemente a memória de pessoa falecida é punido com pena de prisão até 6 meses ou com pena de multa até 240 dias.
2 - É correspondentemente aplicável o disposto:
a) Nos n.os 2, 3 e 4 do artigo 180.o; e
b) No artigo 183.o
3 - A ofensa não é punível quando tiverem decorrido mais de 50 anos sobre o falecimento.


Article 185
Offence against a deceased person's memory.
1 - Who , in any way , serious injury to person's memory deceased is punished with imprisonment up to six months or a fine of up to 240 days.
2 - It is correspondingly applicable provisions :
a) in paragraphs 2 , 3 and 4 of Article 180 ; and
b) Article 183
3 - The offence is not punishable when it has been more than 50 years after death.

[stephen25000]

Erm... libelling the dead is a criminal offence in Portugal.

Please explain how you libel the dead ?


So you think Madeleine is alive then ?


Perhaps in that lawless village that Edgar mentioned 10 miles from PDL.


It also beggars the question as to how you're so up on Portuguese Law.

[Carana]

Please explain how you libel the dead ?


So you think Madeleine is alive then ?


Perhaps in that lawless village that Edgar mentioned 10 miles from PDL.


It also beggars the question as to how you're so up on Portuguese Law. It seems very personal dave .

Check my edit to my previous post: Article 185 of the 2007 Penal Code.