Given the Appellate Courts decision, is the libel trial a foregone conclusion?

[Mr Gray]

getting back on topic...I have made my opinion very clear that based on the available evidence amaral is toast in the libel trial...others want to say that defamation has already been decided in amarals favour and damages will be minimal...so hopefully we will soon see whose mind and analytical skills are as sharp as a razor and whose are as dim as a Toc H lamp...  I am really looking forward to it

[faithlilly]

If you were at all concerned about the two nine year olds you and your friends would not post your lies and bile on the internet. At least the twins will have some comfort that there are nice people like myself defending their parents

It's not my concern for the twins I'm worried about, it's their parents.

[faithlilly]

What has been said in the Courtroom doesn't compare to some of the disgusting and cruel things said on this forum.  Nor to some of the unfounded accusations by Amaral

The twins should not have access to a forum like this. It would, however, be impossible to stop them watching the news or learning details from their friends at school.

[Brietta]

“What are the 'revelations' in the book?” the judge asked Ricardo Paiva.
“There is nothing new compared with the inquiry”, the inspector replied.
“But it says the contrary on the back cover, it says that there are 'unique revelations'. What are those?”, the magistrate insisted.
“They may be unique to those who bought the book and didn't read the case files”, Ricardo Paiva suggested.

Ironically, the judge concluded “Then it's misleading advertising!”.
http://goncaloamaral.webs.com/inthenews.htm

IMO the witnesses for the defence who had neither read the book nor watched the video did nothing to help Dr Amaral's case.
Allegedly his new lawyer does not use modern communication methods ... hope he has an alarm clock at least.  I'm sure he wouldn't want to cause any more delays to the trial by oversleeping for a few hours.

[Mr Gray]

Any news on amarals new lawyer

[Mr Gray]

This is a Portuguese article in the Diaro de Noticas..

by Rute Coelho
June 17, 2014

“I was caught by surprise. Gonçalo Amaral called me at 22h00 on Sunday warning me that he was going to dismiss my services in the McCann process. He didn’t say why”, lawyer Santos de Oliveira, who had prepared closing arguments to be presented on Monday, told DN yesterday. Due to Amaral’s decision, yesterday’s session was only used to schedule closing arguments for July.

“What happened was more than bizarre. My fees have not been paid in full yet. I have only received part of it”, Santos de Oliveira mentioned, refusing to comment if Gonçalo Amaral’s eventual financial difficulties lie behind the former Judiciary Police inspector’s decision to dismiss his defence.

In the defamation trial, the McCanns claim the payment of 1.2 million euro from Gonçalo Amaral, the author of Maddie: A Verdade da Mentira



 For those who don't understand its a libel trial

[Eleanor]

Can we play nicely today, do you think?  Deleting posts is a very boring occupation, and just wastes everyone's time.

[Jean-Pierre]

In what way will the nine year old children be protected now and in the future from vile internet trolling consisting of innuendo and lies associated with Dr Amaral and his book?
Is it your assertion that had the trial been heard in camera this would cease?

IMO Amaral wanted the trial held in camera so that his supporters would not see the paucity of his case.

[stephen25000]

IMO Amaral wanted the trial held in camera so that his supporters would not see the paucity of his case.

Really ???

 

[Victoria]

IMO Amaral wanted the trial held in camera so that his supporters would not see the paucity of his case.

Yes, I agree. We have seen how the biggest attempts at spin from Amaral's fans have come from the events that were not held in public - the supposed raising if the WOC issue, for example.

[sadie]

While the McCanns claimed deep psychologal damage as a result of the book yet offered not one scintilla of proper medical evidence to support their claim.

Further it seemed that many of their witnesses believed certain facts 'simply because Kate or Gerry had told them so and of course the judge will not be blind to the fact that the McCanns on one hand claim the book exposed their children to terrible allegations about their parents yet when given the chance to protect those same children from further reporting of those allegations by having the case heard in camera refused to do so.

Just why is it so important to Amaral you, that the case be held in Camera?

Having it take place in open Court ensures that any lies, disinformation given are exposed to the scrutiny of interested and often [as is the case in this forum] very knowledgeable observers.

That is the case for both sides

When one party has already been found guilty of lying to the Courts,  it seems particularly important to me, that the Open Court method is used.

Pease do not forget that Amaral has already been found guilty of Perjury.  In other words lying to the Courts.

[slartibartfast]

getting back on topic...I have made my opinion very clear that based on the available evidence amaral is toast in the libel trial...others want to say that defamation has already been decided in amarals favour and damages will be minimal...so hopefully we will soon see whose mind and analytical skills are as sharp as a razor and whose are as dim as a Toc H lamp...  I am really looking forward to it

So is this one of Sadie's stuck records.

[Angelo222]

I don't think it's a trial of libel in the UK sense. In the Murat appeal, the judge acknowledged that many of the allegations couldn't be proven one way or the other.

Some aspects may be proven to be false or misleading, and others will be found to be contained in the files. Whether or not something contained in the files is actually true or not (e.g. a witness statement is a matter of fact, but whether what the witness actually said was verified, correctly translated and noted is a different issue). Reading up, I noticed Ferryman pointed out a number of other points, as well.

IMO, the judge will have to decide which allegations can be determined as factual, false /misleading or "dunno".

The judge will no doubt take into account his right to his "personal and professional honour" as well as the Amaral & co thinking at the time and whatever seems to be accurate according to the files. I would certainly hope that the judge will also take into account whether Amaral & co were actually sufficiently trained, experienced and competent to justify those allegations, and what the average reader / viewer would have retained as a conclusion, based on the assumption that the team were, in fact, experienced professionals in this type of investigation.

Then there is the whole issue of how to prove direct damage caused by the book / film, etc, and whether indirect damage can be taken into account or not.

How much credence would the average reader give to the author as the former lead on the investigation, as opposed to the same allegations made by some anonymous person who wasn't involved? If the credence is higher, how did that affect the reader's / viewer's perception? If that perception was that Madeleine was definitely dead and the parents were involved, with no credible evidence to back it up, would those same people remain vigilant for a potentially living little girl? How depressing would that be for the parents who had counted on a competent investigation? What effect could that have had on the twins? What security measures have had to be taken?

On the other side, some threats seem to have originated prior to his book, but PJ leaks under his watch will probably not be taken into account in this trial (cf the Murat appeal).

And then, if accepted... how to quantify it.

The bottom line for me, at the moment, in terms of what I can decipher of PT law is... dunno.

Good post Carana but you must realise that the judge in this trial will have to take on board the actions by the McCanns and their friends just as the court did in revoking the book ban.  The McCanns want to place the blame at Amarals door but they must accept that they are also culpable in what went on imo.

[Eleanor]

Good post Carana but you must realise that the judge in this trial will have to take on board the actions by the McCanns and their friends just as the court did in revoking the book ban.  The McCanns want to place the blame at Amarals door but they must accept that they are also culpable in what went on imo.

Not really.  Two people in a foreign resort that they genuinely believed was safe.  And they are only questioning the so often incorrect statements in his book and on television.  IMO.
But I do respect your right to your opinion.

[Miss Taken Identity]

Indeed John!

There seems to be an astonishing amount placed on  Mr Amarals guilt with regards to Little Maddie's misfortune/fate. The parents have absolved themselves of any responsibility, and the huge part they played in THEIR daughters demise.

Team McCANN really do believe they have the same influence and 'pull' in Portugal as they do with the UK press.

Team McCann and the 'slags mags' UKs MSM, made millions out of that little girls plight.
...And here they are shouting off again for more money!!
Uttlery disgusting in my view.

They have no shame, or self respect, or moral decency about them.  Claiming money for a child who they have not seen for 7 years!

This is about reputation management nothing more-nothing less.