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

[Brietta]

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.

I don't think there can be any doubt that this must already have impacted on Madeleine's siblings.

Having a very young pre-teen in the family who searches the internet for school projects etc; I cannot imagine the added stresses the Drs McCann must have in protecting their children from the outrages posted on the internet.

Show me the young person these days without his/her own hand held device with direct links to the www.

[stephen25000]

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

How can it be irrelevant ?

Besides how can you prove the book or video has damaged the other two children ?

[Anna]

I don't think there can be any doubt that this must already have impacted on Madeleine's siblings.

Having a very young pre-teen in the family who searches the internet for school projects etc; I cannot imagine the added stresses the Drs McCann must have in protecting their children from the outrages posted on the internet.

Show me the young person these days without his/her own hand held device with direct links to the www.

Agreed, Brietta. I believe the parents and the children should be awarded damages, in this respect.
 However the case is not being handled in the UK, so who knows?

[Lyall]

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.

But they wouldn't have heard that radio report if the legal action in Portugal had never been taken would they.

There have also been a few newspaper front pages they wouldn't have seen either if legal action had never been taken.

Talk in Lisbon has been about what they may see in the future. But right now they see the photograph of their sister regularly on newspaper front pages, accompanied by lurid speculation about her fate. Nobody complains about this, but which will have the greater impact on the other children: what they may see in the future, or what they're almost certainly seeing now?

[Anna]

How can it be irrelevant ?

Besides how can you prove the book or video has damaged the other two children ?

Who was or was not responsible for MM disappearance, has nothing to do with the case being discussed.....damages from Book


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. 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.

[Anna]

But they wouldn't have heard that radio report if the legal action in Portugal had never been taken would they.

There have also been a few newspaper front pages they wouldn't have seen either if legal action had never been taken.

Talk in Lisbon has been about what they may see in the future. Right now they see the photograph of their sister regularly on newspaper front pages, accompanied by lurid speculation about her fate. Nobody complains about this, but which will have the greater impact on the other children: what they may see in the future, or what they're almost certainly seeing now?

So you would ignore any accusations against you made worldwide, which would affect you family, Lyall?

[stephen25000]

Who was or was not responsible for MM disappearance, has nothing to do with the case being discussed.....damages from Book


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. 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.

We live in a world where people should answer for the consequences of their actions.

Amaral is not responsible for Madeleine's disappearance.

The nature of Madeleine's disappearance remains unknown.

Amaral or the publisher's are not responsible whether or not the two other children read anything pertaining to their sister'sdisappearance, and pray tell me how you quantify damage to them ?

With reasoned logic.

and let's not forget Amaral's hypothesis was and is shared by many people, AND HAS NOT BEEN DISPROVED.

[jassi]

So you would ignore any accusations against you made worldwide, which would affect you family, Lyall?

I don't think anyone could do much against worldwide accusations.

[Anna]

I don't think anyone could do much against worldwide accusations.

It is, but one book that is responsible for the spread of DVDs books etc to other countries, so it makes sense to take action against the author.
What would you do jassi, if it was your family?

[jassi]

It isn't one book that is responsible - they just attacked him because they could.

[faithlilly]

So you would ignore any accusations against you made worldwide, which would affect you family, Lyall?

But what needs to be proven for damages to be awarded is that it was Amaral's book specifically that caused, or will cause, damage to the twins and not all the other information available on the case. It would seem that that hasn't happened.

It does make me laugh though that the case could have been heard in camera ( Amaral's preferred choice ), saving the twins from hearing about the book's claims on the radio and elsewhere, yet the McCanns objected to this.

I'm sure that decision was noted by the judge.

[Anna]

It isn't one book that is responsible - they just attacked him because they could.

Really? And what gives you this belief?

[DCI]

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.

So where is the report on what the judge says about WOC, they have 30 days to produce. Which apparently was asked for by the judge in 2013.

[stephen25000]

In reply to Anna.


Did Amaral supply the books and DVD's around the world.

That was the publisher's choice.

He after all could not make them publish his theories, which the basic premise of, of course has not been disproved.

[Lyall]

So you would ignore any accusations against you made worldwide, which would affect you family, Lyall?

They did ignore it, for almost a year I think before taking action in Portugal. But once the book and dvd were online the action in Portugal was a bit irrelevant in relation to what their other children may see in the future anyway.

I would have continued ignoring it and concentrated on my own efforts to prove GA wrong. If you can't do that, whatever victories in courtrooms you have you won't be able to stop the speculation.