So what's next in the libel trial saga?

[Lyall]

Yes, she said she's, "done with the case".  I wonder why?

Again?

Like the Terminator, she always comes back.

[stephen25000]

Mccanns not at hearing in Lisbon

I wonder why that is ?

Perhaps not confident of the outcome  ?

 

[Eleanor]

Mccanns not at hearing in Lisbon

I wonder why that is ?

Perhaps not confident of the outcome  ?

 

Really, Stephen.  Why should they be?

[ferryman]

http://www.dn.pt/inicio/portugal/interior.aspx?content_id=4353699

Court reveals today proved matter against Gonçalo Amaral without presence of McCann's

Judge will proceed today to the statement of the facts that will be considered for the award of the process. Kate and Gerry McCann claim compensation of 1.2 million euros.

The court today reveals the matter proved at the trial of the case against former inspector Gonçalo Amaral by the parents of Madeleine McCann, missing British child in May 2007, which will be absent from the session in the Palace of Justice in Lisbon.

Judge Emilia Castro Melo and shall communicate the facts to be considered for the process of judgment, in which Kate and Gerry McCann claim compensation of 1.2 million euros to former Inspector of Judicial Police, for defamation and violation of rights and freedoms of the British family.

This action creeps in court for over five years, with successive postponements of trial sessions and an attempted extrajudicial settlement between the parties, which was never realized

At issue is the book "Maddie: The Truth of the Lie", written by Gonçalo Amaral, in which the former coordinator of the Department of Criminal Investigation of Portimão Judicial Police defended the thesis that the parents of Madeleine McCann have been involved in the disappearance and in the child's corpse concealment.

Madeleine McCann disappeared after 4 years in the tourist village of Praia da Luz in the Algarve, where the family was on vacation.

I think that opening sentence is possibly badly translated, and should read which matters have been proved, rather than implying (as written) that the McCanns' case (against Amaral) is proved ...

[DCI]

Mccanns not at hearing in Lisbon

I wonder why that is ?

Perhaps not confident of the outcome  ?

 

Neither was Amaral.

I wonder why that is ?

Perhaps not confident of the outcome  ?

[Brietta]

Mccanns not at hearing in Lisbon

I wonder why that is ?

Perhaps not confident of the outcome  ?

 

It certainly looks as if Joana Morais has absolutely no doubt about what way the Judge's review of the evidence presented to her is going to be reflected in her judgement.

I think it is probably just how much the damages which will be awarded to Madeleine's family will be ... and regrets from Dr Amaral that he didn't settle this five years ago.

[DCI]

Really, Stephen.  Why should they be?

But there was no hearing today!

[Brietta]

I think that opening sentence is possibly badly translated, and should read which matters have been proved, rather than implying (as written) that the McCanns' case (against Amaral) is proved ...

I think you have that spot on ferryman.

A Lisbon court is on Wednesday to reveal the facts seen as proved in a civil case in which the parents of Madeleine McCann, are suing the former police inspector who initially oversaw the investigation into the then three-year-old's disappearance from a holiday apartment in the Algarve in May 2007.
http://theportugalnews.com/news/lisbon-court-to-outline-facts-proven-in-mccann-defamation-case/33737?

[Jean-Pierre]

I think you have that spot on ferryman.

A Lisbon court is on Wednesday to reveal the facts seen as proved in a civil case in which the parents of Madeleine McCann, are suing the former police inspector who initially oversaw the investigation into the then three-year-old's disappearance from a holiday apartment in the Algarve in May 2007.
http://theportugalnews.com/news/lisbon-court-to-outline-facts-proven-in-mccann-defamation-case/33737?

That is what I took it to mean as well. 

We shall have to wait and see. 

[Anna]

I understood it as “The matter of facts” that will be read today and would probably include, both proven facts of Damages caused and unproven facts of damages caused.

The result would then have to be calculated, as to damages worthy of  the Damage costs, to be awarded…… possibly, being announced at a later date. IMO

We will however just have to wait and see what todays reading, really, entails.

[Carana]

Reading up, all that seems to be is that it's a session in which the judge will establish what can be considered as proven or not on both sides and the points retained on that list will be the basis of her ruling.

As the trial doesn't involve a jury, it may well be held in chambers.

[DCI]

Reading up, all that seems to be is that it's a session in which the judge will establish what can be considered as proven or not on both sides and the points retained on that list will be the basis of her ruling.

As the trial doesn't involve a jury, it may well be held in chambers.

That's what Anne Guedes said. But she will be there.

Day 14 Jan 21st 2015 for reading of proven facts.
    
There is a possibility that “matter of facts" that the judge decided to consider isn’t going to be read publicly.

The norm is that in a civil trial the “matter of facts” isn’t publicly read but just released to the lawyers.

Public reading of the “matter of facts” is always read in penal trials.

 Anne Guedes will  be at court today, Wednesday 21st January 2015 for reading of proven facts

[John]

In order to maintain relevancy, please use the other thread for all posts relating specifically to day 14 of the libel hearings. TY

www.miscarriageofjustice.co/index.php?topic=5927.msg213129#msg213129

[Carana]

If the McCanns were not able to EMPIRICALLY PROVE the extent of damage caused, then the case against Amaral may fail.

A sad day for Portugal, however, if it's considered fair to accuse people of criminal acts, subsequently echoed and amplified by others, particularly when the people concerned have never even been arrested, let alone charged.

In the Portuguese trials against various PJ officers, they were considered innocent until the results of the final appeals (and some even appear to have maintained their jobs in the PJ).

Whatever the outcome.... it will not mean that everything that Amaral has ever spouted was the "truth", which is no doubt how some will interpret it, conveniently substituting the putative likely results of UK libel laws (requiring proof of allegations) for PT proof of damage ones.

If the case against Amaral is dismissed, I wouldn't put any bets that accusing people based on "interpretation" of "misunderstandings" of evidence is likely to stop the floodgate of pent-up vitriol, waiting for a verdict to be announced so as to be expressed in mainstream media as "fact".

Apples and oranges. And more than a few bananas. Plus a few squirts of sour citrus fruits.

[faithlilly]

If the McCanns were not able to EMPIRICALLY PROVE the extent of damage caused, then the case against Amaral may fail.

A sad day for Portugal, however, if it's considered fair to accuse people of criminal acts, subsequently echoed and amplified by others, particularly when the people concerned have never even been arrested, let alone charged.

In the Portuguese trials against various PJ officers, they were considered innocent until the results of the final appeals (and some even appear to have maintained their jobs in the PJ).

Whatever the outcome.... it will not mean that everything that Amaral has ever spouted was the "truth", which is no doubt how some will interpret it, conveniently substituting the putative likely results of UK libel laws (requiring proof of allegations) for PT proof of damage ones.

If the case against Amaral is dismissed, I wouldn't put any bets that accusing people based on "interpretation" of "misunderstandings" of evidence is likely to stop the floodgate of pent-up vitriol, waiting for a verdict to be announced so as to be expressed in mainstream media as "fact".

Apples and oranges. And more than a few bananas. Plus a few squirts of sour citrus fruits.

And perhaps a huge big bunch of sour grapes ?