What some still fail to comprehend is that this is an 'unsolved case'. The courts have to take this into account in any decision they make so no wonder they are cautious. Amaral might be wrong, then again he might be right, this might be resolved then again it might not. This mystery could endure for ever!
The Supreme Court has ruled that the Appeal Court were correct to overturn the decision of the First Instance Court which concluded that Gonçalo Amaral did not damage the McCanns reputation and so were not entitled to damages.
Lots of cases are unsolved, John. It is fine to theorise and write books 'solving' them.
I have enjoyed reading every word of each Jack the Ripper book 'solving' the mystery and each Jack the Ripper documentary doing the same.
I have found most fascinating and plausible while believing every word of each new theory in its turn however preposterous it might be ... and when the next one appears on the shelves, I shall read and believe that one too.
There has been a lot of money made writing Ripper books. But it doesn't matter about named prime suspects because there is no one living who can be damaged by theorising and naming names, even if descendants might be a bit miffed; although in some countries ~ Portugal for instance being one, I believe it is possible to defame and have action taken to protect the dead.
Quote "offense to the memory of a deceased person" (art. 185; up to 6 months in prison or a fine of up 240 days). https://en.wikipedia.org/wiki/Defamation#PortugalIt is an entirely different matter theorising about the active case of a missing child and publishing unfounded allegations about and the naming of the prime suspects who are very much alive and trying to find their missing child.
Amaral has proclaimed himself judge and jury in a case in which monumental police errors were made initially.
It was also a case he was responsible for coordinating. There indeed is a man with an axe to grind.
In my opinion Portugal has acted indecently in very many aspects of Madeleine McCann’s case none more so than the tolerated declaration of death without any proof whatsoever. Although senior judges reflecting and reinforcing the ramblings of the opinions voiced on many sceptic blog sites perhaps ranks close.
However it is an utter and absolute nonsense for judges in a civil court to take it upon themselves to voice an opinion on a criminal case in which they have no locus … one in which they have stated that to be the case.
Their statement at the start of their judgement will not absolve them of the furore they have instigated by voicing an opinion detrimental to one of the parties in McCann v Amaral. The proof of that may well be revealed should the McCanns decide to take their case to a competent court.