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

[stephen25000]

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

Dream on, as you will.

Where in the express did it state even one of the McCann's 16 failures ?

  *&*%£

As I posted earlier on another forum.

The McCann's started with a cake and left with a crumb. *&*%£

[jassi]

I don't know whether its Astro, but someone has put up a report of 37 issues that have been proved or not proved. Are there more?

[Montclair]

I don't know whether its Astro, but someone has put up a report of 37 issues that have been proved or not proved. Are there more?

There were 37 points in the case, so they're all there.

BTW, it was not a private hearing, there were 3 people from the public there, but no journalists. Why?

Also, the judge did not bring up any points regarding the secrecy of justice. It was not part of these questions AFAIK.

[Montclair]

As I said above, it was not a private hearing and was open to the public.

[faithlilly]

I don't know whether its Astro, but someone has put up a report of 37 issues that have been proved or not proved. Are there more?

No I believe that's it jassi.

[faithlilly]

From CdM ( thank you Textusa for transaltion )

In Correio da Manhã, paper edition, Thursday, 22.1.2015, p g15:

Top of Page:
JUSTICE: GERRY AND KATE SUE GONÇALO AMARAL

Title:
"Couple destroyed before book"

Sub-title:
Judge says it wasn’t proven damages caused to parents in the sequence of book about Maddie

Magali Pinto

Judge Emilia Melo e Castro who decides on the civil proceedings that opposes Maddie's parents to Gonçalo Amaral, former PJ investigator, concludes that "no proof was made [no evidence has been presented to prove] that Kate and Gerry are destroyed from a moral, social and ethical point of views "- despite considering that due to the publication of the book 'Maddie, the truth of the lie”, by Amaral, the couple "felt anger, despair, anxiety, worry, and suffered insomnia and lack of appetite."

These are some of the facts considered proved in the lawsuit filed by the parents of Madeleine - the girl who disappeared in May 2007 in Praia da Luz in the Algarve, when she was three – in which they demand an indemnity of € 1.2 million.

At the end of the dispatch, to which the CdM had access to, the judge added that "from the sentimental/emotional point of view it’s not credible that the consequences of the facts would go to the point of destruction or beyond the pain caused by the disappearance of their daughter. It is not certain from the available evidence to discern what of these alleged facts is a result of Madeleine's disappearance from what is the effect caused by the book. "

When the couple was last year, in July at the Justice Palace [building of the court-house] in Lisbon, to make their statements, they considered the book, which defends the thesis that the parents are directly linked to the disappearance of the child, "shocking and an affront to the family". "Before and during reading of the book, I felt anguish, despair and anger", said Gerry to the judge.

In 2009, the court ordered that the Gonçalo Amaral books of the stands; however, the Appeal Court overturned this decision. The magistrate has not yet set a date for the reading of the sentence of this civil action.

*********
Inset:
Magistrate has not yet set date to announce decision.

*********
Caption of photos:
Judge yesterday gave signs that the decision would be in favour of Gonçalo Amaral.

[John]

As I said above, it was not a private hearing and was open to the public.

Thanks Montclair, the Express got it wrong again...no surprises there.

Good to see the learned Judge has accepted as unproven that the book and DVD somehow damaged the search for Madeleine since the opposite is true.

[faithlilly]

http://blacksmithbureau.blogspot.co.uk/

Wednesday, 21 January 2015

No Gloating?


In the end it was so humiliating that we felt guilty for laughing at them – the Support Group, that is, not the “destroyed” parents. They were getting their information from the newspapers and one Team in May 2007 and they believed it all. And it was just the same eight years later on January 21 2015, the poor b........s. The poor, exploited b........s.

[Anna]

The reports in Media are all a bit garbled  and conflicting.
 It is  probably not fully understood, by them either.

There are so many “Buts” Which make it difficult to understand the Judge’s reasoning and whether it is an allowable cause for suffering or not, due to the book……..
 See -at the end of her Proved/unproved decision, in some sections.

,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
Such as

13. Proved……but…………

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.


14. Proved ….but????…………………….........

14. Authors Kate MacCann and Gerald MacCann feel a deep shame and an indescribable ill-being because they are considered, by most people who know the theories of defendant Gonçalo Amaral, as having responsibility in the death of their daughter, being so cowardly that they have hidden her cadaver, simulating abduction, all of this to avoid criminal accusations?

Proved that the couple felt badly about being considered responsible over the hiding of their daughter's body and simulating her abduction by those who believe in Mr Amaral's thesis.

The judge states that it is not possible to determine what most people who have read or seen Mr Amaral's thesis actually think.
She adds that the plaintiffs failed to prove shame, even with Kate stating it was not shame that she felt.
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.



15. Proved Which will mean that the mccanns stress in trying to protect the children (twins) from the content of the book, should IMO, be paid damages.
,,…………………….
 15 Authors Kate MacCann and Gerald MacCann live under enormous daily pressure due to the need to keep their younger children away from the knowledge of defendant Gonçalo Amaral’s opinions about their moral integrity?

Proved that the couple feels the need to keep their younger children from finding out about said thesis.

This fact also derives from common experience and was corroborated by David Trickey's testimony.


17. Proved but is it... Damage to the twins ??? sounds pretty clear cut, or is it?……………………………
17. Sean and Amelie MacCann will soon become aware of the conclusions that are mentioned in J), because they will go to school?

It is proved that Sean and Amelie started school in August of 2010 and have not learned about Mr Amaral's thesis yet.




,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
I do not believe that the payment of damages caused(if deemed proved), will amount to that which has been claimed, unfortunately.
 That is just my opinion, of course.

It will all be made clear, next month, I believe, but at present it is all a bit confusing as to what the Judge, did and did not mean in her summing up notes, which appear after the proved declarations.

……………………………….....................................

I believe damages were claimed at around £250,000 for each member of the family, including Madeleine. This will IMO be considerably reduced where allegations are not proved .
I believe the twins will get their damages paid though.
.

[stephen25000]

The reports in Media are all a bit garbled  and conflicting.
 It is  probably not fully understood, by them either.

There are so many “Buts” Which make it difficult to understand the Judge’s reasoning and whether it is an allowable cause for suffering or not, due to the book……..
 See -at the end of her Proved/unproved decision, in some sections.

,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
Such as

13. Proved……but…………

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.


14. Proved ….but????…………………….........

14. Authors Kate MacCann and Gerald MacCann feel a deep shame and an indescribable ill-being because they are considered, by most people who know the theories of defendant Gonçalo Amaral, as having responsibility in the death of their daughter, being so cowardly that they have hidden her cadaver, simulating abduction, all of this to avoid criminal accusations?

Proved that the couple felt badly about being considered responsible over the hiding of their daughter's body and simulating her abduction by those who believe in Mr Amaral's thesis.

The judge states that it is not possible to determine what most people who have read or seen Mr Amaral's thesis actually think.
She adds that the plaintiffs failed to prove shame, even with Kate stating it was not shame that she felt.
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.



15. Proved Which will mean that the mccanns stress in trying to protect the children (twins) from the content of the book, should IMO, be paid damages.
,,…………………….
 15 Authors Kate MacCann and Gerald MacCann live under enormous daily pressure due to the need to keep their younger children away from the knowledge of defendant Gonçalo Amaral’s opinions about their moral integrity?

Proved that the couple feels the need to keep their younger children from finding out about said thesis.

This fact also derives from common experience and was corroborated by David Trickey's testimony.


17. Proved but is it... Damage to the twins ??? sounds pretty clear cut, or is it?……………………………
17. Sean and Amelie MacCann will soon become aware of the conclusions that are mentioned in J), because they will go to school?

It is proved that Sean and Amelie started school in August of 2010 and have not learned about Mr Amaral's thesis yet.




,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
I do not believe that the payment of damages caused(if deemed proved), will amount to that which has been claimed, unfortunately.
 That is just my opinion, of course.

It will all be made clear, next month, I believe, but at present it is all a bit confusing as to what the Judge, did and did not mean in her summing up notes, which appear after the proved declarations.

……………………………….....................................

I believe damages were claimed at around £250,000 for each member of the family, including Madeleine. This will IMO be considerably reduced where allegations are not proved .
I believe the twins will get their damages paid though.
.

How were the twins damaged exactly ?

[Anna]

How were the twins damaged exactly ?

The disappearance of Maddie can not be the reason for any stress they may suffer, when the contents of the book are available to them.
They were too young to be suffering from her loss, before the book came out as is suggested of the parents suffering.

[Lyall]

How were the twins damaged exactly ?

They're claiming for future impact also. Sooner or later they will see information, that's unavoidable in the modern world. But they will certainly have already seen the horrendous newspaper front pages that appear regularly, but nobody cares about those? &%+((£ Strange.

[Anna]

They're claiming for future impact also. Sooner or later they will see information, that's unavoidable in the modern world. But they will certainly have already seen the horrendous newspaper front pages that appear regularly, but nobody cares about those? &%+((£ Strange.

They are I believe nine years old.
What newspapers, have you seen recently, accusing the parents of hiding the body of their child?
 I believe one of the twins have already questions the parents about this part of Amarals book, which they heard on the news.
They are children FGS and should not be suffering such worry and uncertainties.
We know of course that it can only get worse.

[stephen25000]

The disappearance of Maddie can not be the reason for any stress they may suffer, when the contents of the book are available to them.
They were too young to be suffering from her loss, before the book came out as is suggested of the parents suffering.

and who is responsible for Madeleine's disappearance ?

Certainly not Amaral or any of the other defendants.

As regards the parents, many people regard them responsible for any suffering of the other two children.

[Anna]

and who is responsible for Madeleine's disappearance ?

Certainly not Amaral or any of the other defendants.

As regards the parents, many people regard them responsible for any suffering of the other two children.

This is not an item being considered in the libel case and not relevant to this topic.