Poll

Do you think the judge will...

Rule case dismissed.
17 (42.5%)
Allow the claim and award substantial damages.
5 (12.5%)
Allow the claim and award token damages.
18 (45%)

Total Members Voted: 33

Voting closed: February 27, 2015, 02:50:24 PM

Author Topic: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.  (Read 146672 times)

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Offline DCI

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Quote from: Admin
Lisbon - Wednesday 21 January 2015

Todays session is not a hearing in the strictest sense, merely an opportunity for the judge to reveal those facts which she considers proven or not proven.

Each of the lawyers will be given a copy of the document and asked to read it.  Thereafter they will be free to ask questions of the judge by way of clarification.  They can also make a formal objection in writing to any of the stated facts.

This document will form the basis of the judges decision so it is important that all parties agree to it ahead of the final session.

Full Report and Statement of Fact




http://www.tvi24.iol.pt/sociedade/maddie-mccann/maddie-tribunal-considera-que-goncalo-amaral-causou-danos-aos-mccann

Gonçalo Amaral: Court gives reason to the parents of Maddie

Order found as a fact that the former PJ inspector book caused damage to the child's parents, Kate and Gerry McCann


The court gave this Wednesday as evidence that the book of former Inspector of Judicial Police (PJ) Gonçalo Amaral, entitled 'Maddie: The Truth of the Lie', caused damage to the parents of Madeleine McCann, missing British child in 2007, Algarve. In order, the magistrate also considered that the book reproduces excerpts appearing on the process in which  Kate and Gerry McCann were made ​​defendants, in September 2007, filed in July of the following year, even though the British couple has been charged. Madeleine McCann disappeared when she was four-years-old in the tourist village of Aldeia da Luz, near Portimao, where the family was on vacation. Kate and Gerry McCann have always maintained the position that Maddie was abducted. The case was recently reopened by prosecutors.


720
« Last Edit: February 06, 2015, 08:23:36 PM by John »
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Offline Montclair

It's amazing how Diário de Notícias only reported one of the "facts" and none of the others which were not proven.

Offline Mr Gray

It's amazing how Diário de Notícias only reported one of the "facts" and none of the others which were not proven.

so damages have been proved

Offline Anna

so damages have been proved

It certainly, looks to be the case, Davel. ...


Maddie: Court gives as proven damage caused by Gonçalo Amaral

http://www.cmjornal.xl.pt/nacional/portugal/detalhe/maddie_tribunal_da_como_provado_danos_causados_por_goncalo_amaral_a_kate_e_gerry_mccann.html
« Last Edit: January 21, 2015, 04:49:29 PM by Anna »
“You should not honour men more than truth.”
― Plato

ferryman

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It's amazing how Diário de Notícias only reported one of the "facts" and none of the others which were not proven.

You mean the paper should, also, have made reference to the huge swathe of factual misrepresentations, contained in the book, which convey the specious impression that Madeline is definitely dead, that kate and Gerry caused her death and that they launched a fraudulent 'fund' in their (dead) daughter's name?

Offline Mr Gray

From the ruling today...

The judge once more believes it is expectable that the plaintiffs would feel badly about being considered to be responsible for hiding the body and staging an abduction - not, the judge stresses, about being responsible for their daughter's death, as is commonly, and mistakenly, believed.


and this from a Portuguese judge...fantastic

Offline Montclair

Both newspapers have exactly the same article, word for word, probably given to them by Isabel Duarte. It's a shame that they did not reproduce the rest of what the judge said about that fact. So don't start dancing in the streets!

Offline Mr Gray

Both newspapers have exactly the same article, word for word, probably given to them by Isabel Duarte. It's a shame that they did not reproduce the rest of what the judge said about that fact. So don't start dancing in the streets!

It has been proved that amaral has caused damages to the McCanns..plenty of reason to celebrate..

Offline DCI

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It has been proved that amaral has caused damages to the McCanns..plenty of reason to celebrate..

Seems the judge didn't take kindly with him using the files for his comic.

In order, the magistrate also considered that the book reproduces excerpts appearing on the process in which  Kate and Gerry McCann were made ​​defendants, in September 2007, filed in July of the following year.
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Offline faithlilly

http://themaddiecasefiles.com/post320999.html

Thank you to Astro for the information.
Brietta posted on 10/04/2022 “But whether or not that is the reason behind the delay I am certain that Brueckner's trial is going to take place.”

Let’s count the months, shall we?

Alfred R Jones

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So is this today's bad news the McCanns were keen to bury by getting the Mail to delay their report on Debbie Butler's conviction?  Confused... &%+((£

Offline jassi

I suppose its down to what the damage is considered to amount to and what monetary value is placed on it.
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline slartibartfast

http://themaddiecasefiles.com/post320999.html

Thank you to Astro for the information.

Yes, sheds a very different light on the situation than is being touted on here.
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

Offline Montclair

From the ruling today...

The judge once more believes it is expectable that the plaintiffs would feel badly about being considered to be responsible for hiding the body and staging an abduction - not, the judge stresses, about being responsible for their daughter's death, as is commonly, and mistakenly, believed.


and this from a Portuguese judge...fantastic

 AFAIK, the lawyers for the defendants are optimistic about the rulings today. Perhaps you should save your celebrations till you get all of your information. There are about 36 facts to be proven and more than one about damages done to the parents and most were NOT proven.
« Last Edit: January 21, 2015, 05:06:43 PM by Montclair »

Offline DCI

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Both newspapers have exactly the same article, word for word, probably given to them by Isabel Duarte. It's a shame that they did not reproduce the rest of what the judge said about that fact. So don't start dancing in the streets!

How did Isabel manage that? she wasn't there. The McCanns weren't there, neither was Amaral.
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