Supreme Court rules against the McCanns in damages case.

[slartibartfast]

In the Portuguese jurisdiction, there are ordinary and extraordinary appeals, the difference being that the former are filed before the decision becomes res judicata and the latter after that.

Ordinary appeals are typically entry level-based. In general, claims brought before the court of first instance (District Court) may only be appealed to the Court of Appeal if their value is higher than €5,000 and if the decision is unfavourable to the appellant in more than half of said amount. As for the decisions of the Court of Appeal, an appeal to the Supreme Court of Justice is only admissible if the value of the claim exceeds €30,000 and if the decision is unfavourable in more than €15,000.

There are two types of extraordinary appeals, the revision appeal and the appeal for the standardisation of jurisprudence. The revision appeal may be filed in exceptional cases in which it can be shown that the first decision was, for instance, based on forged evidence. The appeal for the standardisation of jurisprudence is employed in order to attain a homogenous interpretation and application of Portuguese law.

[carlymichelle]

As if Jassi.

Are you trying to imply they are looking to make money to pay their legal bills and others ?

Surely not.

 

[Robittybob1]

I have read they are just trying to drag things out until the 10th anniversary though I can't imagine why.

Where did you read that?

[Mr Gray]

what exactly are the SC saying as regards the archiving report..

they use the word....comprovacao...

comprovação - Wiktionary

Portuguese[edit]. Noun[edit]. comprovação f proof, substantiation · evidence · verification. Retrieved from ...

rather than.....   provacao


comprovacao can mean evidence rather than proof...

[Brietta]

The language used in the archiving report should neither be open to speculation or interpretation.  It is a legal document which should be concise in its ultimate meaning.  Whether or not one agrees or disagrees with it the content should be unambiguous.

I daresay in the original Portuguese the meaning of phrases and words is eminently clear to a Portuguese speaker.

The problem we have is that we are reliant on having documentation translated and very often interpreted for us which makes it sensible to await for unbiased outcomes to it all.

It will be interesting to see how the courts will deal with this one.

[Alice Purjorick]

The language used in the archiving report should neither be open to speculation or interpretation.  It is a legal document which should be concise in its ultimate meaning.  Whether or not one agrees or disagrees with it the content should be unambiguous.

I daresay in the original Portuguese the meaning of phrases and words is eminently clear to a Portuguese speaker.

The problem we have is that we are reliant on having documentation translated and very often interpreted for us which makes it sensible to await for unbiased outcomes to it all.

It will be interesting to see how the courts will deal with this one.

Oh my God!
I need to take a powder and lie down in a darkened room.
I thought for a moment I was reading one of my own posts.........

I would add the caveat that even when written in English first off, most English speakers will not understand the implications of what the law is saying. Something akin to most German speakers not fully understanding technical German.

[Mr Gray]

So if Duarte is claiming evidence of innocence then she is correct

[jassi]

So if Duarte is claiming evidence of innocence then she is correct

In your opinion.  Lets see what the Court says.

[G-Unit]

So if Duarte is claiming evidence of innocence then she is correct

Page 70

And let not be said, too, that the appellants were cleared by the order of filing the criminal proceedings.
http://miscarriageofjustice.co/index.php?topic=7937.15

[Mr Gray]

Page 70

And let not be said, too, that the appellants were cleared by the order of filing the criminal proceedings.
http://miscarriageofjustice.co/index.php?topic=7937.15

Page 70
...(cf. Jónatas Machado, Freedom of Expression - Constitutional Dimensions, op. cit. pp. 566-7)

And let not be said, too, that the appellants were cleared by the order of filing the criminal proceedings.

In fact, that dispatch was not proclaimed by virtue of the Public Ministry having gained the conviction that the appellants had not committed any crime (cf. art. 277° of the CPP).

The filing, in this case, was decided because it was not possible for Public Ministry to obtain sufficient evidence of the practice of crimes by the appellants (cf. the cited art. 277°-2)

There is, therefore, a remarkable difference, and not merely a semantic one, between the legally admissible grounds of the filing order.

Thus, it does not appear acceptable to consider that the alluded dispatch, based on the insufficiency of evidence, should be treated as evidence of innocence.


the fact that the arguido status was removed due to lack of evidence IS evidence of innocence but of course not proof

[Alfie]

The McCanns were not supposed to reference the fact that the case against them was shelved due to a lack of evidence, and that this obviously meant that in the eyes of the law at least they were innocent, silly idiots!  Fancy making such a claim.  Of course they're not allowed to consider themselves cleared or innocent, even though there is no case against them, no charges, no conviction.  The arrogance of that couple!

[jassi]

The McCanns were not supposed to reference the fact that the case against them was shelved due to a lack of evidence, and that this obviously meant that in the eyes of the law at least they were innocent, silly idiots!  Fancy making such a claim.  Of course they're not allowed to consider themselves cleared or innocent, even though there is no case against them, no charges, no conviction.  The arrogance of that couple!

Apparently that is what the judges have said.  Who are we to argue ?

[G-Unit]

Page 70
...(cf. Jónatas Machado, Freedom of Expression - Constitutional Dimensions, op. cit. pp. 566-7)

And let not be said, too, that the appellants were cleared by the order of filing the criminal proceedings.

In fact, that dispatch was not proclaimed by virtue of the Public Ministry having gained the conviction that the appellants had not committed any crime (cf. art. 277° of the CPP).

The filing, in this case, was decided because it was not possible for Public Ministry to obtain sufficient evidence of the practice of crimes by the appellants (cf. the cited art. 277°-2)

There is, therefore, a remarkable difference, and not merely a semantic one, between the legally admissible grounds of the filing order.

Thus, it does not appear acceptable to consider that the alluded dispatch, based on the insufficiency of evidence, should be treated as evidence of innocence.


the fact that the arguido status was removed due to lack of evidence IS evidence of innocence but of course not proof

If police have a suspect, can't find enough evidence to charge them and shelve the case that says nothing about the suspect's guilt or innocence. Nothing! All it says is that the police were unable to find enough evidence to solve the case.

[Robittybob1]

If police have a suspect, can't find enough evidence to charge them and shelve the case that says nothing about the suspect's guilt or innocence. Nothing! All it says is that the police were unable to find enough evidence to solve the case.

But they don't go and write a book about it convicting them without a trial.

[jassi]

But they don't go and write a book about it convicting them without a trial.

I wasn't aware that a police officer had.