Poll

Do you think the judge will...

Rule case dismissed.
17 (42.5%)
Allow the claim and award substantial damages.
5 (12.5%)
Allow the claim and award token damages.
18 (45%)

Total Members Voted: 33

Voting closed: February 27, 2015, 02:50:24 PM

Author Topic: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.  (Read 146972 times)

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Offline faithlilly

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #750 on: February 20, 2015, 03:26:43 PM »
If that was the case, one would hope that it was noted, but who knows, what will be taken notice of, when the judge is only ruling on the allegations of the McCann family.
Different country, different rules and different ideas of what is right and what is wrong.

I don't think in any country how the funding for a civil case was sought would have any bearing on the case itself Anna.
Brietta posted on 10/04/2022 “But whether or not that is the reason behind the delay I am certain that Brueckner's trial is going to take place.”

Let’s count the months, shall we?

Offline DCI

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Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #751 on: February 20, 2015, 03:31:46 PM »
If that was the case, one would hope that it was noted, but who knows, what will be taken notice of, when the judge is only ruling on the allegations of the McCann family.
Different country, different rules and different ideas of what is right and what is wrong.

It was the case Anna.

Amaral seeks legal aid support and states he has no assets Jornal de Notícias

by Alexandra Serôdio
01 December 2009 - 00h30m
Thanks to Joana Morais for translation

Gonçalo Amaral asked for the help of the State in order to be able to defend himself against the case brought by the McCanns.

Citing economic insufficiency to pay the court costs, the former PJ coordinator saw the Civil Court of Lisbon preventively seize the earnings made from the sale of the book and of the documentary through a sole-proprietorship company in his name, as a way to ensure that there will be money to pay any compensation, whose pertinence can only be examined through the main action.

In the aid application document, dated 24 September, Amaral declared an annual net income of 39 thousand Euros, with a household of four people: himself, his wife and two little girls, of 11 and five-years-old. He also states that he does not own any real estate property.

According to a document from the Land Registry Office of Olhão, dated 21 September, to which the JN had access, Amaral, 'owns' a single-family house consisting of two floors, two terraces and a swimming pool, which is valued at more than 200 thousand euros.

The sole-proprietorship company in Amaral's name, created for the marketing of the book, has a car registered, of the Jaguar brand. The registration of that property was made in May, this year.
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Offline Anna

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #752 on: February 20, 2015, 03:36:59 PM »
It was the case Anna.

Amaral seeks legal aid support and states he has no assets Jornal de Notícias

by Alexandra Serôdio
01 December 2009 - 00h30m
Thanks to Joana Morais for translation

Gonçalo Amaral asked for the help of the State in order to be able to defend himself against the case brought by the McCanns.

Citing economic insufficiency to pay the court costs, the former PJ coordinator saw the Civil Court of Lisbon preventively seize the earnings made from the sale of the book and of the documentary through a sole-proprietorship company in his name, as a way to ensure that there will be money to pay any compensation, whose pertinence can only be examined through the main action.

In the aid application document, dated 24 September, Amaral declared an annual net income of 39 thousand Euros, with a household of four people: himself, his wife and two little girls, of 11 and five-years-old. He also states that he does not own any real estate property.

According to a document from the Land Registry Office of Olhão, dated 21 September, to which the JN had access, Amaral, 'owns' a single-family house consisting of two floors, two terraces and a swimming pool, which is valued at more than 200 thousand euros.

The sole-proprietorship company in Amaral's name, created for the marketing of the book, has a car registered, of the Jaguar brand. The registration of that property was made in May, this year.

Thank you DCI.  That makes it much clearer. Did he get this Legal aid?
“You should not honour men more than truth.”
― Plato

Offline Anna

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #753 on: February 20, 2015, 03:43:14 PM »
I don't think in any country how the funding for a civil case was sought would have any bearing on the case itself Anna.

It would have no bearing on this case, where the money came from, Faith, but if he claimed legal aid when he had no entitlement, would it not be fraudulent and therefore another case?
“You should not honour men more than truth.”
― Plato

Offline DCI

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Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #754 on: February 20, 2015, 03:51:45 PM »
Thank you DCI.  That makes it much clearer. Did he get this Legal aid?

In a word Anna, NO!
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Offline faithlilly

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #755 on: February 20, 2015, 04:08:50 PM »
It would have no bearing on this case, where the money came from, Faith, but if he claimed legal aid when he had no entitlement, would it not be fraudulent and therefore another case?

It would indeed Anna but as the newspapaer article was over four years ago and thus far Amaral has not faced any fraud charges do you think perhaps it's therefore possible that he didn't actually break the law ?
Brietta posted on 10/04/2022 “But whether or not that is the reason behind the delay I am certain that Brueckner's trial is going to take place.”

Let’s count the months, shall we?

Offline Anna

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #756 on: February 20, 2015, 04:16:57 PM »
It would indeed Anna but as the newspapaer article was over four years ago and thus far Amaral has not faced any fraud charges do you think perhaps it's therefore possible that he didn't actually break the law ?

It appear that, it is a possibility indeed, Faith, that he did not break any portuguese laws and since he never received the Legal aid that he requested, it could not have been used for legal costs. But why did he give false information?
« Last Edit: February 20, 2015, 04:27:02 PM by Anna »
“You should not honour men more than truth.”
― Plato

Offline faithlilly

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #757 on: February 20, 2015, 04:42:41 PM »
It appear that, it is a possibility indeed, Faith, that he did not break any portuguese laws and since he never received the Legal aid that he requested, it could not have been used for legal costs. But why did he give false information?

I have absolutely no idea Anna. Is it relevant ?
Brietta posted on 10/04/2022 “But whether or not that is the reason behind the delay I am certain that Brueckner's trial is going to take place.”

Let’s count the months, shall we?

Offline Anna

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #758 on: February 20, 2015, 04:54:58 PM »
I have absolutely no idea Anna. Is it relevant ?

Not to this thread really, Faith, but for my understanding of this man in general and his motives, Yes.
“You should not honour men more than truth.”
― Plato

Offline faithlilly

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #759 on: February 20, 2015, 04:57:51 PM »
Not to this thread really, Faith, but for my understanding of this man in general and his motives, Yes.

His  motives Anna ? Care to expand ?
Brietta posted on 10/04/2022 “But whether or not that is the reason behind the delay I am certain that Brueckner's trial is going to take place.”

Let’s count the months, shall we?

Offline Anna

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #760 on: February 20, 2015, 05:05:09 PM »
His  motives Anna ? Care to expand ?

No point, Faith as I have already asked ....Why did he falsify his application for legal aid?. Which you replied ..No idea.  is it relevant? to which I replied. Yes as it would help me understand his motive.

Anyway its not really worth discussion. I just couldn't understand, why he did it.

The above is not word perfect.
“You should not honour men more than truth.”
― Plato

Offline Mr Gray

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #761 on: February 20, 2015, 05:05:27 PM »
His  motives Anna ? Care to expand ?

he's a convicted criminal...and wasn't he found guilty of fraud against his brother

Offline DCI

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Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #762 on: February 20, 2015, 05:13:45 PM »
he's a convicted criminal...and wasn't he found guilty of fraud against his brother

Yes he was Davel, along with both wives.

http://justice4mccannfam.5forum.biz/t3832-gonc-s-debts-and-brothers-court-case
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Offline Alice Purjorick

Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #763 on: February 20, 2015, 05:26:43 PM »
I guess the guy is entitled to due process in the present case regardless of what he what he may or may not have done outside the present case and having a crack for legal aid is worth the effort I guess even if one does misspeak.
I know it must stick in the throats of some of you but that's life folks.
Even the Kray Twins were defended on legal aid and Ian Brady had an action funded to the tune of 250 grand out Legal Aid Taxation. Now those guys really were villains not like small beer Dr Amaral.
Just out of curiosity what point are you trying to make?
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Re: Libel trial day 14 - Statement of facts proved/not proved issued to lawyers.
« Reply #764 on: February 20, 2015, 05:46:43 PM »
I guess the guy is entitled to due process in the present case regardless of what he what he may or may not have done outside the present case and having a crack for legal aid is worth the effort I guess even if one does misspeak.
I know it must stick in the throats of some of you but that's life folks.
Even the Kray Twins were defended on legal aid and Ian Brady had an action funded to the tune of 250 grand out Legal Aid Taxation. Now those guys really were villains not like small beer Dr Amaral.
Just out of curiosity what point are you trying to make?
Well, hey!  If the McCanns character can be assessed and found wanting because the Fund accounts got filed late then why not permit the same treatment of ol' Uncle Ammy, eh?   Same sort of argument, innit.