Should the €500k plus interest have been confiscated by the State?

[Alice Purjorick]

The way I see it, if what the Judge stated in her expansive judgement is true, then Amaral used privileged information which was illegal.  Surely all gains attributed to it should therefore be forfeit?

The judge seems to have adopted the principle of "Drs McCann suffered distress as a result of Sr Amaral publishing privileged information which is contrary to Portuguese law. Sr Amaral profited by publishing that privileged information. Balance it up by awarding the profits to Drs McCann".
As a principle I can see nowt wrong with it. Under the circumstances, however, did the judge have the powers to do that* ?
It is strange that if Sr Amaral did breach the law with respect to his position as a public servant that no action has been brought for 8 years.

* as in did she actually have the power under Portuguese law, not what do a load of barrack room lawyers on here think. The judiciary exceeding it's authority causes appeals in England and Wales so as an occurrence it is not unheard of.

[Carana]

The judge seems to have adopted the principle of "Drs McCann suffered distress as a result of Sr Amaral publishing privileged information which is contrary to Portuguese law. Sr Amaral profited by publishing that privileged information. Balance it up by awarding the profits to Drs McCann".
As a principle I can see nowt wrong with it. Under the circumstances, however, did the judge have the powers to do that* ?
It is strange that if Sr Amaral did breach the law with respect to his position as a public servant that no action has been brought for 8 years.

* as in did she actually have the power under Portuguese law, not what do a load of barrack room lawyers on here think. The judiciary exceeding it's authority causes appeals in England and Wales so as an occurrence it is not unheard of.

On the underlined bit, I was wondering if they'd attempted to deal with it quietly via his "lateral promotion", possibly with a view towards giving him time to either settle back in or to seek other "career opportunities".

How much active service was he actually involved in once he was (back) in Faro? How much statutory notice would be required? How much could be dragged out prior to official notice being given  (by either side)?

He was still mixed up in the Cipriano torture saga, after all, so I doubt that he'd have been given a free hand at playing Starsky and Hutch during that time.

Dealing with it quietly may just  be the PT way of dealing with it at the time...

[jassi]

While I quite like the concept that no one should gain financially from a libel action, I feel that the state should not benefit, rather any money awarded should go to a registered charity of the 'winner's' choice.

[Carana]

While I quite like the concept that no one should gain financially from a libel action, I feel that the state should not benefit, rather any money awarded should go to a registered charity of the 'winner's' choice.

But that takes us back to the issue of reparation for damage...

[John]

While I quite like the concept that no one should gain financially from a libel action, I feel that the state should not benefit, rather any money awarded should go to a registered charity of the 'winner's' choice.

That's a novel idea certainly jassi but if the Portuguese State is anything like the UK then it would need all that potential dosh to pay for their drug misuse and paedophile offending rehabilitation schemes.  Criminal prosecution systems are far too greedy to give money away to charities imo.

I still think awarding a couple nearly €600,000 for emotional upset, sleeplessness, mental anguish and everything else claimed was a bit ott and should not have been equated with Amaral's earnings.

[stephen25000]

The bottom line is the 'award' for want of a better description has has never seen the like in Portugal, and still subject to any appeal, or appeals.

Can any one find any case in Portuguese history even vaguely similar to this one ?

[Brietta]

The bottom line is the 'award' for want of a better description has has never seen the like in Portugal, and still subject to any appeal, or appeals.

Can any one find any case in Portuguese history even vaguely similar to this one ?

I haven't actually looked but feel perfectly safe in voicing the opinion "No".  I think the exemplary damages award may reflect that.

[ferryman]

The bottom line is the 'award' for want of a better description has has never seen the like in Portugal, and still subject to any appeal, or appeals.

Can any one find any case in Portuguese history even vaguely similar to this one ?

How many cases (of civil libel!) in Portugal can anyone find?

[Alice Purjorick]

On the underlined bit, I was wondering if they'd attempted to deal with it quietly via his "lateral promotion", possibly with a view towards giving him time to either settle back in or to seek other "career opportunities".

How much active service was he actually involved in once he was (back) in Faro? How much statutory notice would be required? How much could be dragged out prior to official notice being given  (by either side)?

He was still mixed up in the Cipriano torture saga, after all, so I doubt that he'd have been given a free hand at playing Starsky and Hutch during that time.

Dealing with it quietly may just  be the PT way of dealing with it at the time...

The actuality is the book was published after he left the service.

Husky and Starch? showing your age a bit there Carana; Huggy Bears all round 

[stephen25000]

I haven't actually looked but feel perfectly safe in voicing the opinion "No".  I think the exemplary damages award may reflect that.

Exemplary, NO.

Disgusting and unjustified, most definitely YES.

[Brietta]

Exemplary, NO.

Disgusting and unjustified, most definitely YES.

It is the judgement of the Portuguese Court in reaction to the disgusting and unjustified behaviour of a former public servant.

Had he been whatever Joe Bloggs is called in Portugal he probably would not have been sued for damages because the actual damage done would have been negligible.

He chose to write a book as the senior investigating officer, which gave his narrative considerable weight ... and I think the damages award is commensurate with what the Judge considered actual damage done.

[stephen25000]

It is the judgement of the Portuguese Court in reaction to the disgusting and unjustified behaviour of a former public servant.

Had he been whatever Joe Bloggs is called in Portugal he probably would not have been sued for damages because the actual damage done would have been negligible.

He chose to write a book as the senior investigating officer, which gave his narrative considerable weight ... and I think the damages award is commensurate with what the Judge considered actual damage done.

One judge and one view, which merely reinforces your bias to the mccanns.

The one thing you can't escape from, is that they, and not some mythical abductor are the architects of their own failure

and that is nothing to do with Amaral.

[Carana]

The actuality is the book was published after he left the service.

Husky and Starch? showing your age a bit there Carana; Huggy Bears all round 

Well, Huggy Alice Bear, at least it was an alternative to Life on Mars... ;)

[ShiningInLuz]

If he broke the Judicial Secrecy Laws, action should have been taken by the authorities as soon after the book was published as possible.
The State had numerous opportunities to prevent Amaral profiting, but chose to do nothing. It would be like allowing a drug dealer to operate while the authorities turned a blind eye, then arresting him once he had a million in the bank - which makes the state complicit in the crime & profit.

I like this.

Not saying it happened this way.

Just that I like this.

[Carana]

The actuality is the book was published after he left the service.

Husky and Starch? showing your age a bit there Carana; Huggy Bears all round 

I do know that books are no longer painstakingly handwritten on papyrus, but how exactly can a book be edited (including file photos photoshopped to look like artists' drawings), published and ready for distribution in three days without sharing the contents with anyone, oh wise one?