Author Topic: Given the Appellate Courts decision, is the libel trial a foregone conclusion?  (Read 68803 times)

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Offline Eleanor

Although true or false doesn't seem to matter in Portugal in a Civil Action.

Of course true or false matters.

In any country that has libel laws, an allegation proved true (however damaging to the reputation of the person against whom it is made) will not give rise to an action in libel.

In that sense, truth (or its absence) and libel are inextricably linked.

The only exception in the Napoleonic Code seems to be one Jean-Pierre referred to way back to s/he who is willing, no harm can come.

That doctrine does not apply in the McCanns' action.

I am not disagreeing with you.  Just trying to understand Portuguese Civil Law.

Offline Montclair

Is that not what the judge is required to determine?

No

Offline Montclair

What worries me is that if Goncalo Amaral wins this action then anyone including him can say whatever they like about anyone, as a Precident will be set in Law.

Yes, that freedom of speech thing is a real bumber isn't it? Gonçalo Amaral didn't say just anything, he wrote a book about an investigation and what he wrote was confirmed in the police files.

Alfred R Jones

  • Guest
Yes, that freedom of speech thing is a real bumber isn't it? Gonçalo Amaral didn't say just anything, he wrote a book about an investigation and what he wrote was confirmed in the police files.
It was confirmed that the McCanns hid their child's body was it?  Which part of the files was that, remind me?

Offline Eleanor

Yes, that freedom of speech thing is a real bumber isn't it? Gonçalo Amaral didn't say just anything, he wrote a book about an investigation and what he wrote was confirmed in the police files.

What he wrote has not been confirmed anywhere, let alone in the Police Files.

But never mind, if you are prepared to accept that you could be maligned one day then so be it.

Offline Carana

Yes, that freedom of speech thing is a real bumber isn't it? Gonçalo Amaral didn't say just anything, he wrote a book about an investigation and what he wrote was confirmed in the police files.

Where is it confirmed in the official archival ruling that she'd died in the apartment, the parents had concealed her body, and faked an abduction?

I must have missed it...
« Last Edit: July 11, 2014, 04:41:46 PM by Carana »

Offline Mr Gray

Yes, that freedom of speech thing is a real bumber isn't it? Gonçalo Amaral didn't say just anything, he wrote a book about an investigation and what he wrote was confirmed in the police files.

Freedom of speech...what rubbish...haven't we  read today that a Portuguese journalist may face jail for calling the prime minister a clown

Offline Mr Gray

Yes, that freedom of speech thing is a real bumber isn't it? Gonçalo Amaral didn't say just anything, he wrote a book about an investigation and what he wrote was confirmed in the police files.

what he wrote was NOT confirmed in the files ...the files gave possibilities ...amaral claimed things as fact....its a shame you don't understand the real facts

Offline slartibartfast

They know the truth, even if you CHOOSE to disbelieve it.

Twee

Very Twee

Especially as SY have stated that they have no interest in the Mccanns



You have been suckered in Slarti by all the disinformation, myths, red herrings, lies and propaganda.

Almost certainly some group is making mighty mega bucks, millions and millions per year, out of various traffickings

.......  and they have very skilfully put out persuasive stuff, professionallly produced propaganda, that you all have fallen for.



Sorry but it seems that you have been suckered in


Just try and extract your head and think a little.

If it happened to Brietta, then it is first hand and she can state how it affects her and her family. Brietta is not KM we assume, so only has her belief in what KM says based on whatever factors she chooses, so she cannot state as fact how anything affects the McCanns.
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

ferryman

  • Guest
Yes, that freedom of speech thing is a real bumber isn't it? Gonçalo Amaral didn't say just anything, he wrote a book about an investigation and what he wrote was confirmed in the police files.

Where is it confirmed that Kate sacked a Leicestershire Police liaison officer?

Offline Carana

Where is it confirmed that Kate sacked a Leicestershire Police liaison officer?

Where is it confirmed that he was present at any of the key moments? As he said himself, there are many ways of coordinating an investigation. And as he also stated in his book, he was often in a restaurant/bar at these key times. If that's the case, how much is hearsay?

Offline Montclair

what he wrote was NOT confirmed in the files ...the files gave possibilities ...amaral claimed things as fact....its a shame you don't understand the real facts

What Gonçalo Amaral wrote in his book was also in the police files which were made public.  And as for facts, you still consider the abduction scenario as a fact when there is no evidence whatsoever to corroborate it.

Offline Mr Gray

What Gonçalo Amaral wrote in his book was also in the police files which were made public.  And as for facts, you still consider the abduction scenario as a fact when there is no evidence whatsoever to corroborate it.

you have listened to too much Portuguese propaganda...there is evidence to support the abduction...amaral was not true to the files

Offline Carew

Excellent response, couldn't have put it better myself but no doubt you'll probably bee accused of "whipping up hysteria" for your post.



Probably not, actually........not by me , anyway.......

"Whipping up hysteria" needs your soothsayer`s "mark my words " trembling finger of prediction........

What "these people"......the likes of those sceptics and doubters will be doing, thinking, feeling ...........and how it will inevitably impact on the McCanns and the twins.

Designed to stir up the gullible , the faithful, or both.............. i.m.o of course.




Offline Montclair

you have listened to too much Portuguese propaganda...there is evidence to support the abduction...amaral was not true to the files

You better tell the Tribunal de Relação de Lisboa that he was not true to the files because, in their acordão, the judges stated that the book was based on the files and they did not point out any inaccuracies.