Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.

[Mr Gray]

The 'disputed' fact in full.

"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."

I would bet the ranch that the judge did not say the words in red...they have been added by the translator

[faithlilly]

I would bet the ranch that the judge did not say the words in red...they have been added by the translator

From the article directly above :

'The judge ruled that while the book had psychologically affected the McCanns, the great anguish suffered by the couple over their missing daughter preceded the book’s publication rather than being a consequence of it.'

In a nutshell.

[Mr Gray]

From the article directly above :

'The judge ruled that while the book had psychologically affected the McCanns, the great anguish suffered by the couple over their missing daughter preceded the book’s publication rather than being a consequence of it.'

In a nutshell.

I agree with that. As has been pointed out by an ex solicitor on another forum this will mean that hthe damage3s to be paid will be reduced by a percentage

[Mr Gray]

posters can wriggle as much as they like...the judge has ruled that the book damaged the McCanns ...we await the level of damages

[faithlilly]

I agree with that. As has been pointed out by an ex solicitor on another forum this will mean that hthe damage3s to be paid will be reduced by a percentage

 

[stephen25000]

 

posters can wriggle as much as they like...the judge has ruled that the book damaged the McCanns ...we await the level of damages

Dream on Dave.

[a.baker]

Thank you for posting the full statement of facts Faithlilly. It is clear that,when taken as a whole,the McCann's have failed to prove their case. Dr Amaral's solicitor has responded positively,but if I am not mistaken,we are yet to hear from the McCann's solicitor? Interesting! Just a matter of waiting for the verdict for confirmation now then?

[Mr Gray]

Thank you for posting the full statement of facts Faithlilly. It is clear that,when taken as a whole,the McCann's have failed to prove their case. Dr Amaral's solicitor has responded positively,but if I am not mistaken,we are yet to hear from the McCann's solicitor? Interesting! Just a matter of waiting for the verdict for confirmation now then?

I'm astonished that posters can be so blind to the true facts...we will just wait till the judge decides compensation.

[Brietta]

So what is next in the long running saga of the dénouement of Dr Amaral and his book?

The judge has looked favourably on the Drs McCann's complaint ... and it would now seem to be all over bar the shouting and the amount of the damages to be determined.

That is in the real world.

I have absolutely no hesitation in saying that even as those in denial about Judge Maria Emilia de Melo e Castro determinations are working on their next tweet ... Dr Amaral will also be hard at work on his appeal ... seems to have worked for him in the past in postponing the inevitable.

Wonder when we can expect the next appeal for funds to pay for his legal adventures?

[Carew]

11. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, the Polícia Judiciária stopped collecting information and investigating the disappearance of Madeleine MacCann?

Not proved.


22. The attention of the media and of people in general diminished when defendant Gonçalo Amaral’s book was published?

Not proved.


These two points are interesting with regard to the book`s effect on the investigation and the search.

[jassi]

I'm astonished that posters can be so blind to the true facts...we will just wait till the judge decides compensation.

I imagine the amount will be a true reflection of the amount of damage - ie small amount if very little damage.

[DCI]

http://www.express.co.uk/news/uk/553447/Kate-Gerry-McCann-key-court-victory-libel-battle-Goncalo-Amaral


Kate and Gerry McCann win court victory in £1million libel battle against ex-police chief

MADELEINE McCann’s parents won an important victory in their £1 million libel battle against an ex-police chief yesterday.

A Portuguese judge concluded the couple were “emotionally hurt” by the former-detective’s book about the tragedy.

She also ruled Goncalo Amaral appeared to breach strict secrecy rules by including confidential information from official files.

Kate and Gerry McCann are suing Mr Amaral for £1 million over allegations in his 2008 book The Truth of the Lie.

The detective headed the first police investigation into the disappearance of three-year-old Madeleine who vanished from an Algarve resort in May 2007.

He published his book three days after the Portuguese shelved inquiries into the case.

Last year, the McCanns told a court in Lisbon they were left “devastated and crushed” by claims in the book.

In The Truth of the Lie, Mr Amaral accused them of faking their daughter’s kidnap to cover up her death in the holiday apartment in Praia da Luz.

His allegations were also the basis of a Portuguese television documentary.

During her emotional testimony, Mrs McCann said: “I believe that’s what’s in Mr Amaral’s book and the documentary is very distressing to adults. To a child it could be very damaging.”

Asked how she felt after reading the book, she said: “I was devastated. It made me feel quite desperate because of the injustice I felt towards my daughter and our family as a whole.

“It was very painful to read and I felt sad for Madeleine. I also felt anxious and fearful because of the damage I felt it was doing in Portugal.”

During a private hearing yesterday, Judge Maria Emilia Melo e Castro ruled in favour of the McCanns by acknowledging the hurt the book had caused them.

She also concluded Mr Amaral’s book had reproduced extracts from police files in apparent breach of judicial secrecy.

But she also is also believed to have dismissed a claim by the McCanns that the book effectively halted new police inquiries into what happened to their little girl.

Yesterday’s hearing, attended by lawyers for the McCanns and Mr Amaral, is the latest stage in the long running-legal saga which began in October 2013.

It took place to discuss which facts had been proven in the case.

No date has yet been set for a full judgment but the McCanns, from Rothley, Leicestershire, hope it will be next month.

Inquiries by Portuguese police and Scotland Yard detectives into the truth about Madeleine’s disappearance are continuing.

[stephen25000]

http://www.express.co.uk/news/uk/553447/Kate-Gerry-McCann-key-court-victory-libel-battle-Goncalo-Amaral


Kate and Gerry McCann win court victory in £1million libel battle against ex-police chief

MADELEINE McCann’s parents won an important victory in their £1 million libel battle against an ex-police chief yesterday.

A Portuguese judge concluded the couple were “emotionally hurt” by the former-detective’s book about the tragedy.

She also ruled Goncalo Amaral appeared to breach strict secrecy rules by including confidential information from official files.

Kate and Gerry McCann are suing Mr Amaral for £1 million over allegations in his 2008 book The Truth of the Lie.

The detective headed the first police investigation into the disappearance of three-year-old Madeleine who vanished from an Algarve resort in May 2007.

He published his book three days after the Portuguese shelved inquiries into the case.

Last year, the McCanns told a court in Lisbon they were left “devastated and crushed” by claims in the book.

In The Truth of the Lie, Mr Amaral accused them of faking their daughter’s kidnap to cover up her death in the holiday apartment in Praia da Luz.

His allegations were also the basis of a Portuguese television documentary.

During her emotional testimony, Mrs McCann said: “I believe that’s what’s in Mr Amaral’s book and the documentary is very distressing to adults. To a child it could be very damaging.”

Asked how she felt after reading the book, she said: “I was devastated. It made me feel quite desperate because of the injustice I felt towards my daughter and our family as a whole.

“It was very painful to read and I felt sad for Madeleine. I also felt anxious and fearful because of the damage I felt it was doing in Portugal.”

During a private hearing yesterday, Judge Maria Emilia Melo e Castro ruled in favour of the McCanns by acknowledging the hurt the book had caused them.

She also concluded Mr Amaral’s book had reproduced extracts from police files in apparent breach of judicial secrecy.

But she also is also believed to have dismissed a claim by the McCanns that the book effectively halted new police inquiries into what happened to their little girl.

Yesterday’s hearing, attended by lawyers for the McCanns and Mr Amaral, is the latest stage in the long running-legal saga which began in October 2013.

It took place to discuss which facts had been proven in the case.

No date has yet been set for a full judgment but the McCanns, from Rothley, Leicestershire, hope it will be next month.

Inquiries by Portuguese police and Scotland Yard detectives into the truth about Madeleine’s disappearance are continuing.

The Express, no surprise, has singularly failed to show all sections where the McCann's FAILED to rove their case.

I wonder why ?

[DCI]

The Express, no surprise, has singularly failed to show all sections where the McCann's FAILED to rove their case.

I wonder why ?

LOL, and you think Astro has posted all sections of the report? I wonder why?

[Lyall]

I'm astonished that posters can be so blind to the true facts...we will just wait till the judge decides compensation.

I'm still betting it will private %£&)**#