Gonçalo Amaral explains what the current trial is all about.

[Mr Moderator]

Gonçalo Amaral explains...

Posting on his Facebook page Gonçalo De Sousa Amaral, Dr Amaral attempts to set out what the current trial in Lisbon is all about.  This forum has seen many offerings by members on the subject so heres hoping for some clarity.

Enjoy!




21 Jul 2014

Dear friends,

Upon reading the news about the most recent trial session, I am certain that the vast majority of journalists don't know what is being discussed in court, and have not reported correctly.

Let us be clear. What is at stake is to find out:

- Whether the writing of my book "Maddie: A Verdade da Mentira" was a lawful or unlawful action;

- Whether or not the plaintiffs have suffered damages and whether or not there are facts to prove it;

- Whether or not it is possible to establish a causal nexus between the book and such damages.

This is what is at stake.

Concerning the book's lawfulness, I suggest to anyone who has doubts to read the Lisbon Appellate Court's decision within the injunction that preceded the current action. The truth is that for the Appellate Court's Illustrious Judges, as can be concluded from that decision, the lawfulness of the book's publication is indisputable.

With proof of the lawfulness of the book, the matter should rest here, without the need to investigate anything further, namely concerning the damages that the plaintiffs complain about.

Nonetheless, we should note that even if the lawfulness may still be at stake, there is still the need to establish a causal nexus between the publication and the damages that the plaintiffs complain about, such as deep depression, social isolation, etc. And, of course, to prove that said damages, no matter where they originate from, really exist.

Concerning the social part, it seems obvious to me, if we pay attention to the countless social events that the plaintiffs have participated in, including speeches at the British Parliament, interviews on television shows like Oprah Winfrey's, gala dinners with illustrious personalities, namely British, among others, that said social isolation is totally false.

Concerning the depressions, although they are in no way proved within the case, in my opinion, in fact it would be very strange if they didn't exist. The disappearance of a daughter, whether she is dead or alive, whether or not she was abducted, has to originate enormous consequences of that kind. How strange would it be if that wasn't the case! But about this issue I won't say anything further, given that the plaintiffs seem to attribute to me and my book all of their pain, as if said disappearance, followed by their arguido status and other circumstances that surround the case, were of no importance, or weren't more than enough!

Unfortunately, due to clearly dilatory manoeuvres from the plaintiffs, that have once more forced a postponement of the hearing, I am afraid that the trial will drag on – as they clearly wish - and we won't have a sentence soon, as I wish would happen, and as I long for. Furthermore, the judicial holidays have already started and, as the Illustrious Judge explained, with the new judiciary organisation coming into force on the 1st of September, the process' slowness will be considerably increased.

However, my trust in Portuguese justice remains steadfast.

All that is left for me is to recognise and thank you for all the support that I have received, from all those that believe in justice and in truth, without which it would have been impossible for me to fight this lawsuit. Or to lead me to ponder, as I do, to file a lawsuit against the McCann couple and others, in order to be compensated for the enormous damages that they have caused me already, on all levels, such as moral, professional and financial.

The time to judicially react to all those who have put my privacy, my intimacy, my freedom of expression and opinion, and my survival conditions at stake is approaching.

They have tried to assassinate me civilly, but due to the support and solidarity of all of you, they were not successful.

Thank you very much,

Lisboa July 21st, 2014

Gonçalo Amaral

[faithlilly]

Interesting item from GA Facebook page...

So Amaral is pondering whether to launch his own lawsuit against the McCanns and others. Interesting.

[slartibartfast]

So Amaral is pondering whether to launch his own lawsuit against the McCanns and others. Interesting.

Well he should have a field day on here.

[Carana]

Unfortunately, due to clearly dilatory manoeuvres from the plaintiffs, that have once more forced a postponement of the hearing, I am afraid that the trial will drag on – as they clearly wish -, and we won’t have a sentence soon, as I wish would happen, and as I long for.

Erm... Who suddenly raised the WOC issue? Who sacked his lawyer on what was supposed to have been the last day of hearings?

[Mr Gray]

Interesting item from GA Facebook page...

do you have a link to the page

[DCI]

do you have a link to the page

Here it is Davel, but you have to sign in.

https://www.facebook.com/pages/Goncalo-Amaral/109627122399764

What has been posted is copied from another site.

[Mr Gray]

just more bluff and bluster from amaral....no substance

[stephen25000]

From Amaral.


''Reading the news about the last session of the trial I am sure that the vast majority of journalists don't know what there is to discuss, not reported correctly.

Let us be clear. What is at issue is as follows:-If the writing of my book "Maddie: the truth of the lie" was a lawful or unlawful act;
-If the authors have suffered damage and if there are facts that prove;
-Whether it is possible to establish a causal link between the book and the possibility of such damages.
This is what is at stake.

As to the lawfulness of the book, I suggest to anyone who has doubts that read the judgment of the Court of appeal of Lisbon under the restraining order that preceded the action in question. In fact, for the Ex.mos Lords Judges, as can be concluded from that decision, the lawfulness of publication of the book is undeniable.

By this I mean that, with this proven legality, it should stick around, without need to find out anything else, particularly with regard to the damage that the authors complain.

But, it should be noted, even though such lawfulness can still be concerned, there is, still, to establish a causal link between the publication and the damage that the authors complain, such as deep depressions, social isolation, etc.And, of course, prove that such damage, whatever its origin, there are in fact.

As for the social part, it seems to me obvious, if we neglect the many social events in which the authors have participated, including, gasp-if, speeches in the British Parliament, interviews in programs such as Oprah Winfrey, gala dinners as the most illustrious personalities, notably British, among many others, the so-called social distancing is totally false.

Already about the depression, though, in any way are proven in the process, in my opinion, the truth is that it would be very strange if they didn't exist. The disappearance of a child, is dead or alive, has been kidnapped or not, cannot fail to cause huge sequels of this type. It would be very strange if this does not happen. But in this respect I do not say anything, insofar as the authors seem to want to charge me and my book all your sore, as if that disappearance, plus their Constitution as defendants and other circumstances surrounding the case, by itself, did not have any importance, or they weren't more than enough!''

[Mr Gray]

it seems that amaral is saying that accusing the mccanns of lying to the police for seven years...accusing them of perverting the course of justice...accusing them of covering up the death of their daughter...accusing them of criminal fraud re the fund...has caused them no damage...

anyone who believes that is living in fantasy land...the damage to them and their reputations is obvious

[ferryman]

it seems that amaral is saying that accusing the mccanns of lying to the police for seven years...accusing them of perverting the course of justice...accusing them of covering up the death of their daughter...accusing them of criminal fraud re the fund...has caused them no damage...

anyone who believes that is living in fantasy land...the damage to them and their reputations is obvious

He's also saying that because the McCanns have managed to hold it together, live lives, earn a living, raise the twins and even relax a little in between, they haven't been damaged.

Idiot!

[stephen25000]

He's also saying that because the McCanns have managed to hold it together, live lives, earn a living, raise the twins and even relax a little in between, they haven't been damaged.

Idiot!

Just remind me ferryman,who was it who left their children in the first place unsupervised and unprotected ?

[ferryman]

Just remind me ferryman,who was it who left their children in the first place unsupervised and unprotected ?

Let's properly define and contextualise the half-truth, shall we?

Court proceedings are, indeed, about damage, as recompense for libel that has already been, either admitted or established.

That was/is the reason for continued court proceedings after that admission or determination.

[Montclair]

Let's properly define and contextualise the half-truth, shall we?

Court proceedings are, indeed, about damage, as recompense for libel that has already been, either admitted or established.

That was/is the reason for continued court proceedings after that admission or determination.

Are you the sort of person who continues talking and ignoring what other people say? It seems that way. You simple ignore the fact that the Tribunal de Relação de Lisboa in 19 October 2010 established that the book was not libellous and that the McCanns rights were not infringed. Do you happen to know of any other court decisions which established that the book was libellous because there don't seem to be any.

[stephen25000]

Let's properly define and contextualise the half-truth, shall we?

Court proceedings are, indeed, about damage, as recompense for libel that has already been, either admitted or established.

That was/is the reason for continued court proceedings after that admission or determination.

Amaral isn't responsible for what the mccanns did, and the subsequent disappearance of Madeleine, and all that has ensued, the mccanns are.

They are also responsible for the damage to their reputation.

Likewise, nothing Amaral said in the book was new or common knowledge.

[ferryman]

Are you the sort of person who continues talking and ignoring what other people say? It seems that way. You simple ignore the fact that the Tribunal de Relação de Lisboa in 19 October 2010 established that the book was not libellous and that the McCanns rights were not infringed. Do you happen to know of any other court decisions which established that the book was libellous because there don't seem to be any.

That ex-parte session didn't consider the question of libel.

It weighed two conflicting guarantees of the Portuguese constitution: one that the right to free speech should be upheld; the other, that the right to a good name should also be upheld.

The finding sided with Amaral's right to free speech.

It also (bizarrely) found that Amaral's book was true to the case files.

Amaral's book isn't, and I'm sure the error of that finding has (now) been thoroughly exposed.