Supreme Court rules against the McCanns in damages case.

[Brietta]

that is in a court of law ............

where they have not been yet ....

according to them ....maddie was abducted ...

accordion to G A she wasn't

GA .....won the right to say maddie was not abducted ......tdah

Worth bearing in mind he was not expressing any facts in his book ... only his opinion ... according to the judges.
Nor was his opinion to be confused with fact.

Reminiscent of Lewis Carroll and Alice through the looking glass.

[Brietta]

I think conspiracy to pervert the course of justice is still a crime in Portugal.

Amaral might do well to remember that ... although like Tracy Ullman's "I am a National Treasure" seems he can do pretty much as he pleases for the time being.

[Alice Purjorick]

There is no such status.  You cannot be a bit guilty or a bit innocent.
Was Murat "fully excluded", because the wording in the archiving report was exactly the same for all three arguidos.

We will know the answers when a charge is brought as a consequence of which someone is judged guilty of a crime against MM in the eyes of the law.
Working on the presumption this will all take place on Portuguese soil alot of people are going to become exceedingly old and bitter as time progresses. Well olderer and bitterer if this afternoon is owt to go by ...............

[slartibartfast]

The McCanns have never been charged with any offence.  Although I believe your understanding of it is skewed ... what your post has indeed represented and described is ... the presumption of innocence as it is applicable to you ... to me ... and to Murat and the McCanns.

No, the whole point is that the McCanns were made Arguidos in the case which is definitely different from me. They cannot be regarded as Guilty or Innocent as it has never been taken to court.

[xtina]

Worth bearing in mind he was not expressing any facts in his book ... only his opinion ... according to the judges.
Nor was his opinion to be confused with fact.

Reminiscent of Lewis Carroll and Alice through the looking glass.

page 10

Honour'

It should also refer to the content of the right to honour and the qualities or attributes that it welcomes.

The Judgement of the Supreme Court of May 27 2008 , quoted above, says : "The honour of the person translates therefore into the positive value that they infer themselves from the core of their being, that is the moral and ethic substrate of their existence, while the social consideration, the good name and the reputation translate into the judgment by others about every one. Correspondingly, the right to good name and to reputation is essentially for the person not be offended or injured in their honour, dignity or social consideration by imputation of others and to fight back against this offence and to obtain redress" [ idem ].

Capelo de Sousa teaches that "honour covers immediately the projection of the value of human dignity, which is innate, offered by nature equally to all human beings, unlikely to be lost by any man in any circumstance ( ... ). In a broad sense, it also includes the good name and reputation, as syntheses of social appreciation for determining qualities of uniqueness of each individual at the intellectual, moral, sexual, family, professional or political level" [The Personality General Law, 1995 , p. 303] .

Brito Correia added that honour also includes " the qualities acquired throughout life, by the individual's effort or otherwise and in various aspects (family, political, professional, scientific, literary, artistic, commercial, etc.). It covers inter alia, character, honesty, righteousness, loyalty, etc., corresponding to a sense of personal self-esteem. It is based on individual awareness of one's own worth : self-recognition and self-assessment". According to the same author, …
-------------------------------------------------


GA certainly didn't lose his 'honour', in any circumstance, did he.............an thats a fact

[Erngath]

I would think the nearest equivalent  in British law is the Scottish not proven.

That verdict is given after a trial when all the evidence has been presented, not before a trial when the person has the right to be presumed innocent.
 

[slartibartfast]

That verdict is given after a trial when all the evidence has been presented, not before a trial when the person has the right to be presumed innocent.

Presumption of innocence is a concept in legal actions.

[Alice Purjorick]

Worth bearing in mind he was not expressing any facts in his book ... only his opinion ... according to the judges.
Nor was his opinion to be confused with fact.

Reminiscent of Lewis Carroll and Alice through the looking glass.

Christ! are you saying Sr Amaral was a junky?
Not wishing to appear too picky Lewis Carroll called it "Through The Looking Glass".
Rather apposite you should pick that one; does it not contain the Tweedle Dee and Tweedle Dum story?.
Beware the jabberwock my son........................

[Brietta]

No, the whole point is that the McCanns were made Arguidos in the case which is definitely different from me. They cannot be regarded as Guilty or Innocent as it has never been taken to court.

They were declared arguidos negligently by law enforcement operatives without even basic grounding or understanding of forensics.

[faithlilly]

They were declared arguidos negligently by law enforcement operatives without even basic grounding or understanding of forensics.

Tell it to the judge.....oh no no point.

[stephen25000]

They were declared arguidos negligently by law enforcement operatives without even basic grounding or understanding of forensics.

Incorrect.

Over here, they would have been treated as potential suspects in an investigation of a missing child, where there has been no evidence of anyone else in the apartment.

[pathfinder73]

David Payne was inside the apartment but no he wasn't according to Kate 

[Brietta]

page 10

Honour'

It should also refer to the content of the right to honour and the qualities or attributes that it welcomes.

The Judgement of the Supreme Court of May 27 2008 , quoted above, says : "The honour of the person translates therefore into the positive value that they infer themselves from the core of their being, that is the moral and ethic substrate of their existence, while the social consideration, the good name and the reputation translate into the judgment by others about every one. Correspondingly, the right to good name and to reputation is essentially for the person not be offended or injured in their honour, dignity or social consideration by imputation of others and to fight back against this offence and to obtain redress" [ idem ].

Capelo de Sousa teaches that "honour covers immediately the projection of the value of human dignity, which is innate, offered by nature equally to all human beings, unlikely to be lost by any man in any circumstance ( ... ). In a broad sense, it also includes the good name and reputation, as syntheses of social appreciation for determining qualities of uniqueness of each individual at the intellectual, moral, sexual, family, professional or political level" [The Personality General Law, 1995 , p. 303] .

Brito Correia added that honour also includes " the qualities acquired throughout life, by the individual's effort or otherwise and in various aspects (family, political, professional, scientific, literary, artistic, commercial, etc.). It covers inter alia, character, honesty, righteousness, loyalty, etc., corresponding to a sense of personal self-esteem. It is based on individual awareness of one's own worth : self-recognition and self-assessment". According to the same author, …
-------------------------------------------------


GA certainly didn't lose his 'honour', in any circumstance, did he.............an thats a fact

At the moment I've not bothered to progress beyond page two.  Life is far too short to be wasted on misinformed tittle tattle.  No doubt I may continue reading once the paint on the wall has dried properly ... watching that was far more interesting than reading medieval ramblings with no place at all in the nineteenth century let alone the twenty first.

Do forgive me, on that basis I have not bothered to read your post either ... it is really all a monumental irrelevance to furthering Madeleine McCann's case ... and quite frankly I'm bored with the renewed mendacity directed at her parents despite the fact Amaral has won his right to freedom of speech.

The book had no basis in fact ... Amaral has won his right to free speech ... the McCanns have had their right not to suffer character assassination and defamation removed.

The maxim that with rights comes responsibility seems to have been overlooked somewhat.


 

[stephen25000]

David Payne was inside the apartment but no he wasn't according to Kate 

Must have been in a parallel quantum universe.

[pathfinder73]

Must have been in a parallel quantum universe.

Imagine that reconstruction