Madeleine McCann's parents win €500k in damages against former police chief.

[John]

OK John so you are using as a "cite" an amateur court report from a biased individual.  Fair enough.

However, that said, you are also taking that particular sentence out of context.  If you read the whole passage from the point where GMC says "can I make a statement" it makes it clear that the Judge means that determining the facts (e.g forensics in the car) - is the job of the experts in that field, and not the court.  The results are therefore "taken as read".

 

Anne Guedes' reports were matter of fact and checked very carefully with other sources. Her commitment to finding out the truth can never be overstated.

The judge made it crystal clear that the evidence of potential criminality in the case was irrelevant to the claim submitted by the McCanns.   This was always about damages and not libel.

[Alfred R Jones]

 "Freedom of expression and information can not actually take precedence over the fundamental rights of citizens to good name and reputation, and his moral integrity, the right to privacy" - from the judgment.  These are the rights that were violated by Amaral.  And how did he violate these rights?  By writing a book in which unproven allegations were made about Kate and Gerry.   If it is written into the constitution that precedence must be given to personal reputation over freedom of expression then what hope does Amaral have of a successful appeal?

[Alfred R Jones]

If it is true that in Portugal you can sue for damages without being libelled, because things have been written about you have upset you does this mean that Amaral could sue all the Portuguese press who are carrying this news story today?  Assuming that he is upset by today's news that is. 

[John]

If it is true that in Portugal you can sue for damages without being libelled, because things have been written about you have upset you does this mean that Amaral could sue all the Portuguese press who are carrying this news story today?  Assuming that he is upset by today's news that is.

Possibly if he can prove that such has affected him in the same way as that which the McCanns have claimed.

[Lyall]

If it is true that in Portugal you can sue for damages without being libelled, because things have been written about you have upset you does this mean that Amaral could sue all the Portuguese press who are carrying this news story today?  Assuming that he is upset by today's news that is.

Of course he could, but they aren't saying he hid his dead daughter's body are they.

I think it's clear from the rough google translation of the document that it was the film and sample newspaper interview that mainly led to this decision, not the book.

[Alice Purjorick]

Most of the 84 are just statements of what the book says, and what was said in the newspaper article etc. however. Most of the 84 were never disputed.

If one looks at the way the judge apportioned costs then 60 % of the McCanns writ was unproven and 40% was proven.
Or 58.3% and 41.7% if one wishes to be picky.

[John]

My point is - if you write something in error that is libellous and then fail to correct it, it is still libel.  It is also libel to repeat or report others' libel.

You have to have the knowledge that it is untrue.  Does Amaral believe his thesis to be untrue?

[Eleanor]

Of course he could, but they aren't saying he hid his dead daughter's body are they.

I think it's clear from the rough google translation of the document that it was the film and sample newspaper interview that mainly led to this decision, not the book.

I agree.  I have long thought this to be true.  But he wasn't going to shut up, was he.

[John]

If one looks at the way the judge apportioned costs then 60 % of the McCanns writ was unproven and 40% was proven.
Or 58.3% and 41.7% if one wishes to be picky.

She appears to have decided solely on the parents sufferings.

[Alfred R Jones]

Possibly if he can prove that such has affected him in the same way as that which the McCanns have claimed.

That's ridiculous though isn't it? I don't believe he would have a leg to stand on. If however it is true then those in positions of power and influence in Portugal need never worry about another critical word ever being written about them in the press because they can simply sue any paper that upsets them - that is, if you truly believe what you are saying.

[John]

That's ridiculous though isn't it? I don't believe he would have a leg to stand on. If however it is true then those in positions of power and influence in Portugal need never worry about another critical word ever being written about them in the press because they can simply sue any paper that upsets them - that is, if you truly believe what you are saying.

Come on Alfred, its a little more than an upset.  Didn't Kate McCann claim to have considered suicide at one point because of what Gonçalo had written?

www.telegraph.co.uk/news/newstopics/madeleinemccann/10321902/Kate-McCann-contemplated-suicide-after-detectives-book.html

[Alfred R Jones]

You have to have the knowledge that it is untrue.  Does Amaral believe his thesis to be untrue?

It doesn't matter whether or not he believes it, what matters is - is it true?  Can he prove it?  In the same way I believe xxxxx xxxxxxxxx is a homosexual who employs rent boys on a regular basis, I was told this by an acquaintance, I believe it is true, but were I to write a book about xxxxx in which I made this claim I would be sued unless I could prove the veracity of my claims. 

[Lyall]

I agree.  I have long thought this to be true.  But he wasn't going to shut up, was he.

But the document doesn't explain why fully 100% of the sums demanded by the McCanns for themselves was awarded when they only partially proved their assertions.

If they'd demanded 500k each would they have therefore got 500k each?

If they only partially proved (according to the judge) surely they shouldn't then get all of what they were demanding?

[Alfred R Jones]

Come on Alfred, its a little more than an upset.  Didn't Kate McCann claim to have considered suicide at one point because of what Gonçalo had written?

www.telegraph.co.uk/news/newstopics/madeleinemccann/10321902/Kate-McCann-contemplated-suicide-after-detectives-book.html

Who's to say whether or not Amaral is feeling suicidal today? He is ruined, facing a huge bill, credibility in tatters. These newspaper reports might be making him feel pretty low.

[Lyall]

The Metro says on it's front page today "Cop who tried to frame McCanns".

Maybe he could sue for that.