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

[Alfred R Jones]

Yeah, he was sacked retired to do so.

So some things really do move swiftly in Portugal ... three days to write, print and distribute a book ... wow!

To be fair it wasn't very well thought out so maybe he did write it in three days...

[VIXTE]

Can you name a case where a Police Officer writes a book whilst still being a member of that Police force,  writing that his theory is fact?   Using his position is the Police Force to use material in the case?

Actually you cannot do this if you'd signed the Data Protection Act. (EU - Data Protection Directive and Portugal is part of it)

http://ec.europa.eu/justice/data-protection/

[Lace]

Gonçalo Amaral was already retired when the book came out.

Found this -


Gonçalo Amaral, who spent 28 years at the Polícia Judiciária, which he entered as an agent in 1981, having passed through many different departments, revealed to  24horas that the book about the Maddie case “is ready”. It was written during his brief holidays, before he returned to the PJ in May, to leave now into retirement. But the publication depends on the “judicial secrecy” which was not lifted yet. The book promises fabulous sales figures, both in Portugal and abroad, mainly in Great Britain.

[Mr Gray]

A mediocre result at best?   They failed to win £1 million which was their aim, they failed to prove libel on behalf of the twins and they failed in their claim that Amaral's book damaged the search. 

Amaral intends to appeal this judgement to the Portuguese Supreme Court so no surprises there and given past decisions...well. let's wait another five years and see.

In the meantime no money will be paid to anyone.

It is also worth mentioning the little fact which you clearly don't wish to acknowledge and that is that it is still unknown what happened to Madeleine and whether Amaral was correct in his thesis.

I'm happy to aknowledge we do not know for sure what happened to Maddie...but what we do know is some things are far more likely than others and amaral's theory has been kicked into touch

[Montclair]

Yes, she did. But some are like dustbins, they take anything in £5%4%

She did not mislead anyone, what she wrote was correct. That is why it is so difficult to understand this "verdict" when the judge gave as "unproven" almost all of the points for the McCanns.

[John]

Members are again reminded that disingenuous and goading posts are prohibited on this forum and will be removed.  Sanctions for repeat offenders will now be invoked.

[Angelo222]

Very apt ... the blood money ruling concerning a book written for blood money.

I think you are wrong in your definition of what constitutes libel.

Libel has not been proven in this case as the cause of Maddie's disappearance is as yet unknown.  Have you forgotten the constant reminder by Davel et all pointing out that the claim is for damages for suffering and anxiety caused and is not a libel trial.  No doubt the learned judge was persuaded of this in her decision.  A decision which I might add only fulfilled a part of the initial claim.

[John]

I'm happy to aknowledge we do not know for sure what happened to Maddie...but what we do know is some things are far more likely than others and amaral's theory has been kicked into touch

That's so good of you to acknowledge we don't know what happened to Madeleine, for a minute I thought you were inferring that this judicial decision somehow meant that Amaral was wrong?

[Alice Purjorick]

Each Party pays it's own Court Costs.  But someone has got to pay Isobel Duarte.  There's the rub.

No doubt judge Emilia has ruled on that. So roll on the pukka gen.

[Alfred R Jones]

Libel has not been proven in this case as the cause of Maddie's disappearance is as yet unknown.  Have you forgotten the constant reminder by Davel et all pointing out that the claim is for damages for suffering and anxiety caused and is not a libel trial.  No doubt the learned judge was persuaded of this in her decision.  A decision which I might add only fulfilled a part of the initial claim.

What caused the McCanns' suffering if not the fact that Amaral wrote a book full of lies about them?!  For God's sake of course it's a libel trial!!!

[John]

Libel has not been proven in this case as the cause of Maddie's disappearance is as yet unknown.  Have you forgotten the constant reminder by Davel et all pointing out that the claim is for damages for suffering and anxiety caused and is not a libel trial.  No doubt the learned judge was persuaded of this in her decision.  A decision which I might add only fulfilled a part of the initial claim.

Indeed so, the judge has awarded damages on the basis that the parents suffered anxiety and trauma following the publication of the book and release of the DVD.  She was not however persuaded that such trauma/suffering extended to the twins.  The ruling would also appear to confirm my previous belief that the Amaral book did not impede the search for Madeleine but in fact assisted it.   I suppose half a cake is better than no cake when all is said and done!

[Alfred R Jones]

That's big of you to acknowledge we don't know what happened to Madeleine, for a minute I thought you were inferring that this judicial decision somehow meant that Amaral was wrong?

If Amaral was not wrong why is he having to shell out half a million euros?

[Alice Purjorick]

Indeed so, the judge has awarded damages on the basis that the parents suffered anxiety and trauma following the publication of the book and release of the DVD.  She was not however persuaded that such trauma/suffering extended to the twins.  The ruling would also appear to confirm my previous belief that the Amaral book did not impede the search for Madeleine but in fact assisted it.   I suppose half a cake is better than no cake when all is said and done!

It has the the appearance of a split points decision at the end of a raggedy contest rather than a resounding first round KO.

[Alfred R Jones]

Indeed so, the judge has awarded damages on the basis that the parents suffered anxiety and trauma following the publication of the book and release of the DVD.  She was not however persuaded that such trauma/suffering extended to the twins.  The ruling would also appear to confirm my previous belief that the Amaral book did not impede the search for Madeleine but in fact assisted it.   I suppose half a cake is better than no cake when all is said and done!

Why did you delete my perfectly reasonable reply to your post in which you re-wrote a victory for the McCanns as a failure?  As I pointed out their award is unprecedented in Portuguese legal history we have been led to believe so how, by any stretch, is this result a failure for the McCanns?  Do you actually think that Amaral looks upon this result as a failure for them?

[Lyall]

Who did then?  They were her words, were they not?

No, they were not. She didn't have a copy of the document. These are her words:

When the judge left the room after distributing the document to the lawyers, as if the benches for the public were empty, looking literally through the three members of the public, I entered the “sacred” area and asked the clerk if I could read the document. The clerk looked embarrassed, hesitated but then said “no”, adding, as a justification, that it was “informal”.