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

[Carana]

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.

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

Is this the issue underlying the discrepancy over the amount of royalties? If G & P didn't sell the books in Brazil, who did? Did Amaral have all his royalties paid into a single account?

[jassi]

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).

Perhaps the McCanns didn't consider them punitive.

[Lyall]

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

It's James Murray, so there's always going to be his interpretation.

He'll probably be writing about Creepyman again next week.

Murray and Lawton will literally print anything, and have been for years.

[jassi]

Prejudice?

I just look at the established facts of lie after lie Amaral is proven to have told and wonder whether Portuguese libel law actually will allow him to get away with it.

Surely not!

But if it does, Portugal does not have libel laws worthy of the name.

The laws of the State of Portugal are no concern of mine.

[Brietta]

In general, yes.

But not Amaral ...

If he had thought about it he could have made the same or more amount of money from a book written in a slightly different way without recourse to libelling the Drs McCann in the mean spirited and vengeful way that he did. 

If he had written his book in a more analytical manner he could have paid off some of the debt owed to the National Treasury and the Bank of Espírito Santo and everyone's life would have been so much simpler.

It is really quite extraordinary that a person so deeply indebted and an arguido was allowed to act as the coordinator of an investigation into a missing child.

[Mr Gray]

If he had thought about it he could have made the same or more amount of money from a book written in a slightly different way without recourse to libelling the Drs McCann in the mean spirited and vengeful way that he did. 

If he had written his book in a more analytical manner he could have paid off some of the debt owed to the National Treasury and the Bank of Espírito Santo and everyone's life would have been so much simpler.

It is really quite extraordinary that a person so deeply indebted and an arguido was allowed to act as the coordinator of an investigation into a missing child.

you are absolutely right...it shows amaral is not as bright as folks think he is...could have published in the UK too...would have made himself an absolute fortune

[jassi]

I agree. Careful editing could have made it litigation-proof, at least in Portugal.
Not sure if he could have found a UK publisher even then.

[Carana]

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.

Yes, there's this:

ARTIGO 473º

(Princípio geral)


1. Aquele que, sem causa justificativa, enriquecer à custa de outrem é obrigado a restiuir aquilo com que injustamente se locupletou.


2. A obrigação de restituir, por enriquecimento sem causa, tem de modo especial por objecto o que for indevidamente recebido, ou o que for recebido por virtude de uma causa que deixou de existir ou em vista de um efeito que não se verificou.
http://pt.wikisource.org/wiki/Código_Civil_Português

However, it's still not clear why there is an apparent discrepancy in the amounts supposedly gained.

[Brietta]

I agree. Careful editing could have made it litigation-proof, at least in Portugal.
Not sure if he could have found a UK publisher even then.

Authors and publishers are in the business of making money and if it had been written in a different way UK publishers would have been in a bidding war to get their hands on it.

I think Dr Amaral could not see the wood for the trees, he knew there was money to be made short term because a very lucrative book had been written by the coordinator of Joana Cipriano's case.

For some reason I think it was also 'pay back' time for the Drs McCann who disgracefully did not agree with his theory to the extent of vociferously protesting their innocence.

Transference of blame to the McCanns for his spats with debt, the law and the PJ pre-dated Madeleine McCann's birth and therefore make little sense.

As coordinator of one of the hottest criminal cases in history he had the goose that was capable of laying baskets of golden eggs for him.  He might have had the respect he so longs for instead of waiting for the judge to publish a verdict which I think may well cost him dear.

All he had to do was write a proper account of his part in Madeleine's case, certainly with a different title and certainly one which actually told the truth.

I don't think he will ever write another best seller for the simple reason I think his credibility has taken a severe knock, worldwide but perhaps of importance to him in Portugal.
Just watching the video of the audience and the anchors in his TV interview was instructive ... and I think it might prove another miscalculation on his part depending on the judge's take if she sees it, and I am sure she will.

[Mr Gray]

Authors and publishers are in the business of making money and if it had been written in a different way UK publishers would have been in a bidding war to get their hands on it.

I think Dr Amaral could not see the wood for the trees, he knew there was money to be made short term because a very lucrative book had been written by the coordinator of Joana Cipriano's case.

For some reason I think it was also 'pay back' time for the Drs McCann who disgracefully did not agree with his theory to the extent of vociferously protesting their innocence.

Transference of blame to the McCanns for his spats with debt, the law and the PJ pre-dated Madeleine McCann's birth and therefore make little sense.

As coordinator of one of the hottest criminal cases in history he had the goose that was capable of laying baskets of golden eggs for him.  He might have had the respect he so longs for instead of waiting for the judge to publish a verdict which I think may well cost him dear.

All he had to do was write a proper account of his part in Madeleine's case, certainly with a different title and certainly one which actually told the truth.

I don't think he will ever write another best seller for the simple reason I think his credibility has taken a severe knock, worldwide but perhaps of importance to him in Portugal.
Just watching the video of the audience and the anchors in his TV interview was instructive ... and I think it might prove another miscalculation on his part depending on the judge's take if she sees it, and I am sure she will.

I agree with everything you have said and would add I think it was the fact that he thought he could get away with anything that has led to this.....he just isn't use to people standing up to him

[Lyall]

Authors and publishers are in the business of making money and if it had been written in a different way UK publishers would have been in a bidding war to get their hands on it.

I think Dr Amaral could not see the wood for the trees, he knew there was money to be made short term because a very lucrative book had been written by the coordinator of Joana Cipriano's case.

For some reason I think it was also 'pay back' time for the Drs McCann who disgracefully did not agree with his theory to the extent of vociferously protesting their innocence.

Transference of blame to the McCanns for his spats with debt, the law and the PJ pre-dated Madeleine McCann's birth and therefore make little sense.

As coordinator of one of the hottest criminal cases in history he had the goose that was capable of laying baskets of golden eggs for him.  He might have had the respect he so longs for instead of waiting for the judge to publish a verdict which I think may well cost him dear.

All he had to do was write a proper account of his part in Madeleine's case, certainly with a different title and certainly one which actually told the truth.

I don't think he will ever write another best seller for the simple reason I think his credibility has taken a severe knock, worldwide but perhaps of importance to him in Portugal.
Just watching the video of the audience and the anchors in his TV interview was instructive ... and I think it might prove another miscalculation on his part depending on the judge's take if she sees it, and I am sure she will.

 &%+((£ Written in a different way? In 2008? Even if it did have GA's name on it, who would have bought a book that said even less than the one by Danny Collins?

[Brietta]

&%+((£ Written in a different way? In 2008? Even if it did have GA's name on it, who would have bought a book that said even less than the one by Danny Collins?

I see Fred who didn't bother to buy a copy has a really sceptical take on Danny Collins book; first in the customer review list on Amazon although not a customer.

Just a point of information ... have you read it?

[Lyall]

I see Fred who didn't bother to buy a copy has a really sceptical take on Danny Collins book; first in the customer review list on Amazon although not a customer.

Just a point of information ... have you read it?

I read it. Who's Fred? Collins doesn't say much, but he did prefer the 10pm sighting over JT's (as did GA of course).

[Montclair]

Some of you do not understand that Gonçalo Amaral did not write the book to make money. As he has often said, he wrote it not only for his honour but for the honour of the investigation, his colleagues and the institution of the PJ. Furthermore, neither he nor the publisher thought that the book would be a best seller. I do realise that this concept is difficult for some to comprehend, since in the eyes of some posters here that he is evil incarnate.

[Alfred R Jones]

Some of you do not understand that Gonçalo Amaral did not write the book to make money. As he has often said, he wrote it not only for his honour but for the honour of the investigation, his colleagues and the institution of the PJ. Furthermore, neither he nor the publisher thought that the book would be a best seller. I do realise that this concept is difficult for some to comprehend, since in the eyes of some posters here that he is evil incarnate.

What was the initial print run of the book then?