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

[DCI]

Don't you realise by now Alice that he is on a mission!!

He's been on a mission since May 4th 2007.

[Lyall]

If he has any sense he will leave it alone.

He should publish his biography (wouldn't be surprised if it's written already).

In English %£&)**#

It doesn't need to be at all controversial.

[Miss Taken Identity]

If he has any sense he will leave it alone.

I agree.

[jassi]

He should publish his biography (wouldn't be surprised if it's written already).

In English %£&)**#

It doesn't need to be at all controversial.

That would be an interesting development

[Lyall]

That would be an interesting development

  I'd buy it.

He'd probably have to be restrained from saying controversial things though (he does seem to like doing it).

[Alice Purjorick]

Don't you realise by now Alice that he is on a mission!!

Oh yes rather; but if he sues and wins and is awarded damages he has to collect the damages. If the coffers are like Mother Hubbardsville he has lost out. He would have to sue the McCanns, not "The Fund", who it may transpire are impecunious or, to those whose schools played conkers rather than cricket or lacrosse, skint).

[ferryman]

It was proved what Amaral earned based on documents submitted by the Portuguese Revenue Service

 3. Defendant Gonçalo Amaral has earned from the sale of the book “Maddie, A Verdade da Mentira” an amount that is not less than €621.000,00?


 4. Defendant Gonçalo Amaral has earned from the sale of editions in foreign languages of the book an amount that is not less than €498.750,00? 

     (Items 3 & 4) It is proved that Gonçalo Amaral earned €342.111,86 from the sales of the book in the years         2008 and 2009. This information is based on data from the Portuguese Revenue Agency.


 5. The book was sold in Brazil by defendant “Guerra e Paz, Editores, S.A.”?
     
      Not proved


 6. The DVD has a cover price of € 6,00?

      Proved that it was sold for 6,95 euro with newspaper Correio da Manhã.


 7. Defendant Gonçalo Amaral has earned from the sale of the DVD an amount that is not less than  €112.500,00?

     Proved that he earned 40.000 euro from DVD sales in 2008. Based on info from the Revenue Service.


 8. The DVD that is mentioned under AN) has been edited and the edited copies have been sold by defendant “V.C. – Valentim

      de Carvalho – Filmes, Audiovisuais, S.A.”?

       Proved.


That is without what has already been sequestrated in 2009.

How (mis)use of that word earned grates ...

[jassi]

So you don't think that writers earn money through their writing ?

[Alfred R Jones]

Certainly since that is where the loss has been sustained.  Whether they answer the claim is entirely a matter for them.

What loss?

[ferryman]

So you don't think that writers earn money through their writing ?

In general, yes.

But not Amaral ...

[jassi]

OK, so its just your prejudice against him that's showing.

[Montclair]

Really?

Then why was Amaral ordered to pay all court costs, when he lost his case against Marcos Corriea and Dores, when the case ended.

The money GA was not reimbursed went to pay the other parties court costs AFAIK.

[Carana]

Or the amount might have been an attempt at intimidation to get an out of court settlement.

An interesting possibility, but the numbers still wouldn't have been plucked out of thin air as both parties would know that punitive damages aren't allowed (if my information on that is correct).

[ferryman]

An interesting possibility, but the numbers still wouldn't have been plucked out of thin air as both parties would know that punitive damages aren't allowed (if my information on that is correct).

Punitive damages don't seem to feature in Portuguese libel law.

But damage based on ill-gotten gains from his book, his video and interviews wouldn't seem to me to be punitive; rather proportionate to what Amaral has received from those sources.

[Mr Gray]

The Express has changed its tune!   Hmm...   &%+((£   

EXCLUSIVE: ‘McCanns will lose £1m libel trial’ Judge’s initial findings go against couple

The former Portuguese detective locked in a libel battle with Kate and Gerry McCann is confident of winning the case after a judge accepted some of his arguments.

By James Murray



Last week in Lisbon Judge Maria Emilia Melo e Castro set out in some detail what she had found to be proven and not proven, although she has not given her final verdict.

She did not find that because of statements in the book, documentary and a newspaper interview Kate and Gerry had been “completely destroyed” from a “moral, ethical and family point of view beyond the pain that their daughter’s absence causes them”. And she said it was not proven that they would suffer “permanent anguish, insomnia, lack of appetite and an indefinable fear”.

The judge said this psychological state existed before the publication of the book but added that it was normal for the couple to be affected by the book and they would also have “felt badly” over allegations by Mr Amaral that they hid their daughter’s body.

However, it was not possible to determine what most people think after reading Mr Amaral’s theories, she said, and she found it was not proven that the attention of the media and of people in general diminished when Amaral’s book was published.

The judge thought it was proven that some facts in the documentary and book came from police files used by the investigation team, although others did not.

The McCanns’ lawyer, Isabel Duarte, could not be contacted by the Sunday Express for her assessment of the judge’s findings to date.

She is hoping to win £1million in damages from Mr Amaral and has always been confident of victory.

Mr Amaral, now retired and living in Lisbon after the break-up of his marriage, went on Portuguese television on Friday morning.

In a long interview he was asked why he wrote the book, and said: “The investigation was at stake, an investigation that was never defended here in Portugal, namely by someone at the top of the Policia Judiciaria and it’s me who defends those initial months of the investigation.”

Mr Amaral said the indications given so far led him to believe that the verdict, which is expected this spring, may be “favourable” to him.

Scotland Yard officers continue to investigate Madeleine’s disappearance but have so far failed to make a breakthrough.


www.express.co.uk/news/uk/554107/McCanns-will-lose-1m-trial-Portuguese-judge-s-initial-findings-against-Kate-and-Gerry

So the express is saying...


The former Portuguese detective locked in a libel battle with Kate and Gerry McCann is confident of winning the case after a judge accepted some of his arguments.


whereas amaral actually said.....


Mr Amaral said the indications given so far led him to believe that the verdict, which is expected this spring, may be “favourable” to him.

is it only me that can see the difference...

the celebrations are a little premature