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 146940 times)

0 Members and 3 Guests are viewing this topic.

Offline Mr Gray

The whole Portuguese judicial system is probably in on it...

ferryman

  • Guest
Isn't this a criminal offence....is amaral still the subject of a suspended sentence.....

That is indeed a criminal offence, although (I think) his suspended sentence has now expired.

Not entirely sure on that second point ...

Offline DCI

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  • Why are some folks so sick in the head!!!
That is indeed a criminal offence, although (I think) his suspended sentence has now expired.

Not entirely sure on that second point ...

Yes expired, he was sentenced in 2009 to 18 months suspended.
Kate's 500 Mile Cycle Challenge

https://www.justgiving.com/KateMcCann/

Offline jassi

Isn't this a criminal offence....is amaral still the subject of a suspended sentence.....


Perhaps not considered in the public interest - if the Portuguese have such a thing.
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

ferryman

  • Guest

Perhaps not considered in the public interest - if the Portuguese have such a thing.

I think, in Portugal, it's a statute of limitations.  Once that expires, you can't be prosecuted.

Offline Montclair

13. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate MacCann and Gerald MacCann suffer permanent anguish, insomnia, lack of appetite, anxiety and irritability, preoccupation and indefinable fear?

Proved.

The judge adds that this psychological state is pre-existent to the book, the documentary and the interview and was not caused by the book. Nonetheless, it cannot be reasonable to believe that the book, the documentary and the interview had no effect on the couple, i.e. It had an effect but that is perfectly normal.

Offline jassi

So a contributory factor, rather than the sole cause.
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 Montclair

So a contributory factor, rather than the sole cause.

As the judge stated the psychological condition was pre-existent.

stephen25000

  • Guest
Blacksmith..in denial to the end...probably close the bureau now

In denial Dave ?

 It's you and your fellows trying to put the gloss on what thge judge has said.
« Last Edit: January 21, 2015, 07:37:42 PM by stephen25000 »

Offline jassi

Is it omitted or just not reported?
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

ferryman

  • Guest
Is it omitted or just not reported?

Not reported by Astro, but surely ruled on ...

Offline Eleanor

As I understand from what Jean-Pierre has said, if damages awarded are less than the amount sought, Kate and Gerry will cop Amaral's legal expenses as well as their own.

I guess much hinges on those points considered in today's proceedings we just don't know anything about.

Most odd that huge swathes of the judgment has simply been omitted.

Almost suspicious, I would say ...

Not sure that is correct.  I thought it was to do with turning down an offer from The Defendant, and not a question of the damages first sought.

ferryman

  • Guest
Not sure that is correct.  I thought it was to do with turning down an offer from The Defendant, and not a question of the damages first sought.

You may well be right.  My recollection on the point is hazy.

Although the defendants may well have made an offer the McCanns turned down?

Alfred R Jones

  • Guest
As the judge stated the psychological condition was pre-existent.
but damage was also proven to have been caused by the book.  It's there in black and white.

stephen25000

  • Guest
but damage was also proven to have been caused by the book.  It's there in black and white.

Read again.