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

[John]

so amaral libelled the mccanns

You will find if you read through the judgement that the word 'libel' never appears once.   So the answer to your question is self evident really. 

[Alfred R Jones]

You will find if you read through the judgement that the word 'libel' never appears once.   So the answer to your question is self evident really.

What is the legal name for the offence committed by Amaral then?

[Alice Purjorick]

15). The European Court of Human Rights jurisprudence of the principle of presumption of innocence imposes a standard of conduct for all agents, officials and magistrates involved in the administration of criminal justice. The presumption of innocence prohibits, according to these arestos, premature expression of opinions or beliefs of guilt by the courts but also statements by public officers involved in procedures which might lead the public to suspect liability of the suspects in the facts under investigation. Accordingly reads the decision in Karaman process c Germany "The Court has previously held in this context que Article 6 § 2 AIMS at Preventing undermining of a fair criminal trial by prejudicial statements made in close connection with proceedings. It not only prohibits the premature expression by the tribunal itself of the opinion the person "charged with a criminal offense" is guilty before he has proved so goods According to the law, but Also covers statements made by other public officals about pending criminal investigations Which Encourage the public to believe the suspect guilty and prejudge an assessment of the facts by the court Competent authority

She seems to have taken this into consideration too. Somewhere in the judgement the judge suggests had he offered an alternative thesis as well he would have been home free.

[John]

John, are you happy that your forum is being used to circulate Amaral's illegal thesis?

It is acceptable to review his thesis or any other book or publication for that matter for research purposes.

[Jean-Pierre]

What specifically was the offence committed then?  Also, if under the Human Rights Act the McCanns right to not be slagged off by a corrupt ex-cop trumps the rights of a corrupt ex-cop to write anything he likes about them then where does he go from here, legally speaking?

Not sure Alfred.

He has been given leave to appeal, but his lawyer will have requested that automatically so it does not really mean anything. 

He will need to have grounds for appeal, and the court will have to agree that those grounds are valid.

He could appeal against the judgement, but will need to show where the Judge was wrong in her process of arriving at her decision.

He could appeal against the amount of damages awarded.  However, if he does so, it will open the question of damages again and the amount may be decreased or increased.  It will also potentially add to his costs.  So it would be a significant risk.

The judgement so far seems to be silent on the other defendants (I am sure someone will correct if wrong).  So that could be a factor.  Maybe they will wish to appeal, or settle the matter as is.

Interesting times. 

[Alfred R Jones]

Come on people, dig deep into your pockets for Amaral - he needs your dosh!  So far he's averaging £12.40 per charitable donation, but he needs at least £25k according to this, so just 1991 more benevolent Gonc Fans are needed.

http://www.gofundme.com/Legal-DefencePJGA

[DCI]

It was said earlier Amaral had not had notification of the ruling. Yet he was contacted yesterday and responded.

PORTUGALPRESS on April 28, 2015

Goncalo-amaral-ordered-to-pay-parents-of-madeleine-mccann €500.000-in-damages

In a court ruling that has left many in states of total disbelief, former PJ detective Gonçalo Amaral has been ordered to pay €500,000 in damages to the parents of Madeleine McCann.

The long-running civil case for defamation centring on Amaral’s book ‘The Truth of the Lie’ has finally “come to an end”, Sky News reported on Tuesday. But whether this is an end, or simply yet another lurch in the tortuous proceedings, remains to be seen.

“Mr Amaral, who led the (original) police search for the girl, can appeal the court’s ruling”, Sky concludes.

It is a verdict that has set social media alight, with comments ranging from “I love Gonçalo Amaral” to more constructive pointers on how people can donate to his legal fund.

While many are asking “how could this have happened?”, Portuguese are suggesting it “an outrageous sum” for a country where people generally don’t have that kind of money.

Added to the libel ‘win’, Amaral is understood to be facing legal charges of another €106,000.

“The court court also prohibited any more sales of the books and gave the publisher (Guerra e Paz) 60 days to return all existing copies”, Sky continued, adding that the makers of the TV documentary based on the book are now prohibited from selling any more copies of their film.

It is a far cry from the news published both in Portugal and UK in January hinting that Judge Emília Melo e Castro's “reading of the proven facts” suggested that an outright court win for the McCanns was “unlikely”.

British tabloid The Daily Express ran (belatedly) with the headline “Exclusive: McCanns will lose £1 million libel trial”.

Key points in the McCanns’ case were listed as “not proven”.

Even Amaral agreed he was cautiously optimistic.

But then came the long wait for the final verdict, and finally Tuesday’s bombshell that despite all the McCanns’ claims “not proved”, Amaral was considered to have “caused harm” to Madeleine’s parents to the extent that both are due compensation of €250,000.

Even more baffling is the fact that his book has once again been “banned”. A ban was overturned in October 2010 by Lisbon’s appeal court and though the McCann couple appealed, their appeal was overruled by the Supreme Court of Justice in 2011.

It cannot be without irony that Tuesday’s announcement has been timed to coincide almost to the day with the 8th anniversary of Madeleine’s disappearance from a rental apartment in Praia da Luz.

Contacted for his thoughts on the ruling, Amaral told the Resident: “We are in the face of a mere battle in a war that is far from over.”

By NATASHA DONN
natasha.donn@algarveresident.com

[John]

It was said earlier Amaral had not had notification of the ruling. Yet he was contacted yesterday and responded.

PORTUGALPRESS on April 28, 2015

Goncalo-amaral-ordered-to-pay-parents-of-madeleine-mccann €500.000-in-damages

In a court ruling that has left many in states of total disbelief, former PJ detective Gonçalo Amaral has been ordered to pay €500,000 in damages to the parents of Madeleine McCann.

Contacted for his thoughts on the ruling, Amaral told the Resident: “We are in the face of a mere battle in a war that is far from over.”

By NATASHA DONN
natasha.donn@algarveresident.com

That's correct DCI, formal procedures appear to have broken down, a breach which is itself now being investigated.  Both the claimants and the defendants should have received official notification of the Courts decision before the Press.

[Alice Purjorick]

Come on people, dig deep into your pockets for Amaral - he needs your dosh!  So far he's averaging £12.40 per charitable donation, but he needs at least £25k according to this, so just 1991 more benevolent Gonc Fans are needed.

http://www.gofundme.com/Legal-DefencePJGA

At the present donationrate of £67 per hour and allowing a bit of diversity he'll have it in about 6 weeks 

[John]

At the present donationrate of £67 per hour and allowing a bit of diversity he'll have it in about 6 weeks 

To be honest I cannot see much benefit in appealing this ruling as it appears at first trawl to be watertight.  A higher court could reduce the award possibly?

Judgement in Portuguese

www.mccannfiles.com/id505.html

[faithlilly]

At the present donationrate of £67 per hour and allowing a bit of diversity he'll have it in about 6 weeks 

Ah it's almost like old times ! Remember when the OFM campaign website  gave us some idea of what was being donated to the fund ? Them were the days eh !  %£&)**#

[Mr Gray]

At the present donationrate of £67 per hour and allowing a bit of diversity he'll have it in about 6 weeks 

you are making rather a ridiculous assumption that the rate will continue at a similar level

[DCI]

That's correct DCI, formal procedures appear to have broken down, a breach which is itself now being investigated.  Both the claimants and the defendants should have received official notification of the Courts decision before the Press.

They were being delivered by post, to the lawyers. Who is investigateing the breach. Court officials, post office staff?

[Mr Gray]

You will find if you read through the judgement that the word 'libel' never appears once.   So the answer to your question is self evident really.

You seem to want to deny amaral is guilty of libel...defation is the same thing...so what is he guilty of and why have damages been awarded. It seems by your train of thought the Ciprianos could sue amaral for damages

[Alice Purjorick]

you are making rather a ridiculous assumption that the rate will continue at a similar level

What do you understand by "allowing for a bit of diversity" ?.
Apart from the fact I was taking the piss.
EBBOKB