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

[Mr Gray]

In your dreams.

I'm fairly sure amaral will get landed with extensive legal bills on the basis that he refused to settle out of court...

[stephen25000]

I'm fairly sure amaral will get landed with extensive legal bills on the basis that he refused to settle out of court...

No dave.

Dream on, and on ,and on, and on..........

[Brietta]

Not necessarily. Rebelo inherited a situation with three arguidos and ticking clock.

IMO if Rebelo had been tasked initially with Madeleine McCann's case she would have had much more of a chance of being recovered if alive or if dead, the perp apprehended.

I think the first thing he or any competent police officer would have done would have been to quietly investigate Madeleine's parents and their friends to rule them in or out. 

I also believe there would have been no drip of pejorative information against the parents to journalists on his watch.

[ferryman]

IMO if Rebelo had been tasked initially with Madeleine McCann's case she would have had much more of a chance of being recovered if alive or if dead, the perp apprehended.

I think the first thing he or any competent police officer would have done would have been to quietly investigate Madeleine's parents and their friends to rule them in or out. 

I also believe there would have been no drip of pejorative information against the parents to journalists on his watch.

Inclined to agree with that.

I think Rebelo was a proper policeman who would actually have listened to those around him who understood the dogs and how to interpret the dogs' reactions.

I also think he would have read the reports properly and understood that there was no "preliminary" FSS report ...

[sadie]

Nobody is saying that anything untoward has happened, but I must admit the fact that the Judge effectively says that The Mccanns were not affected other than normal by the book is extremely strange, when it accused them of hiding the body of their beloved daughter and intimated that Madeleine died in the apartment [? at their hands?]. 


We have all witnessed the change in kate after the book was out.   Poor woman, what an accusation to have made against her.

[stephen25000]

Nobody is saying that anything untoward has happened, but I must admit the fact that the Judge effectively says that The Mccanns were not affected other than normal by the book is extremely strange, when it accused them of hiding the body of their beloved daughter and intimated that Madeleine died in the apartment [? at their hands?]. 


We have all witnessed the change in kate after the book was out.   Poor woman, what an accusation to have made against her.

Or a guilty conscience because of neglecting her children to socialize, and the disappearance of her elder offspring.

Meanwhile the reason for  Madeleine's disappearance remains 'unknown'.

[Angelo222]

We have all witnessed the change in kate after the book was out.   Poor woman, what an accusation to have made against her.

Guilt has a terrible way of finding weaknesses in an already weakened persona.  In reality, the publication of Mr Amaral's book would have created the same result whether the parents were saviours or sinners.

If the former, the shame and embarrassment at being accused wrongly would have been a dire cross to bear.

If the latter, the stress of being caught out would have created the same conditions mentioned by the judge namely permanent anguish, insomnia, anxiety and indefinable fear.

The difficulty for psychologists is that they are indistinguishable from each other.

[Brietta]

Now that the judge has pointed out that Dr Amaral could have broken judicial secrecy laws are we going to see if their alleged "strictness" will be tested by a Portuguese police investigation?

**snip
A source close to case had originally been quoted by Lusa News Agency as stating that " it was proven that damage was caused as direct result by the book's publication", who also confirmed that the judge ruled that the book "contains information from the actual case", which could constitute a breach of Portugal’s strict secrecy laws. http://theportugalnews.com/news/mccanns-get-favourable-ruling-over-ex-cop-amaral/33746?

[Brietta]

Guilt has a terrible way of finding weaknesses in an already weakened persona.  In reality, the publication of Mr Amaral's book would have created the same result whether the parents were saviours or sinners.

There does not have to be the slightest hint of guilt directed at them for the families of missing or murdered children to be totally destroyed as a unit or as individuals.

Dr Amaral's book and his subsequent media career based on it is something which the families of other missing children have never had to endure.

[jassi]

It would depend upon someone being interested in pursuing the case. I believe these things are determined by the judiciary, rather then the police.

[Mr Gray]

Guilt has a terrible way of finding weaknesses in an already weakened persona.  In reality, the publication of Mr Amaral's book would have created the same result whether the parents were saviours or sinners.

If the former, the shame and embarrassment at being accused wrongly would have been a dire cross to bear.

If the latter, the stress of being caught out would have created the same conditions mentioned by the judge namely permanent anguish, insomnia, anxiety and indefinable fear.

The difficulty for psychologists is that they are indistinguishable from each other.

so as the judge has said...the book caused the McCanns damage.. though some are trying to pretend otherwise

[Angelo222]

Now that the judge has pointed out that Dr Amaral could have broken judicial secrecy laws are we going to see if their alleged "strictness" will be tested by a Portuguese police investigation?

**snip
A source close to case had originally been quoted by Lusa News Agency as stating that " it was proven that damage was caused as direct result by the book's publication", who also confirmed that the judge ruled that the book "contains information from the actual case", which could constitute a breach of Portugal’s strict secrecy laws. http://theportugalnews.com/news/mccanns-get-favourable-ruling-over-ex-cop-amaral/33746?

If he did so while serving his suspended sentence then he would be technically in breach.

[Carana]

Now that the judge has pointed out that Dr Amaral could have broken judicial secrecy laws are we going to see if their alleged "strictness" will be tested by a Portuguese police investigation?

**snip
A source close to case had originally been quoted by Lusa News Agency as stating that " it was proven that damage was caused as direct result by the book's publication", who also confirmed that the judge ruled that the book "contains information from the actual case", which could constitute a breach of Portugal’s strict secrecy laws. http://theportugalnews.com/news/mccanns-get-favourable-ruling-over-ex-cop-amaral/33746?

Hmmm. AFAIK, the issue wasn't about restricted "information" as such, but about the timing of publication - i.e., that it would have been impossible for the book to have been published within days of the archival notice without others having been involved before judicial secrecy was lifted.


ETA: However, that would presumably be a criminal offence and thus off limits in a civil case.

[Brietta]

It would depend upon someone being interested in pursuing the case. I believe these things are determined by the judiciary, rather then the police.

Then we may expect an example of precisely how much or precisely how little weight the Portuguese Judiciary gives to Portuguese Law ... particularly a "strict" one.

[Montclair]

Now that the judge has pointed out that Dr Amaral could have broken judicial secrecy laws are we going to see if their alleged "strictness" will be tested by a Portuguese police investigation?

**snip
A source close to case had originally been quoted by Lusa News Agency as stating that " it was proven that damage was caused as direct result by the book's publication", who also confirmed that the judge ruled that the book "contains information from the actual case", which could constitute a breach of Portugal’s strict secrecy laws. http://theportugalnews.com/news/mccanns-get-favourable-ruling-over-ex-cop-amaral/33746?

The judge never mentioned anything about the judicial secrecy laws. It had nothing to do with the case at hand.