Goncalo Amaral interviewed after the Appeal Court decision.

[stephen25000]

I think the appeal court judges have caused a constitutional crisis for Portugal.  The Republic's constitution is quite clear regarding the recognition and legality of European of laws to which Portugal is a signatory.

The judges have just driven a coach and horses right through European human rights legislation.

Utter cobblers.

The Mccann's violated their children's rights by not protecting them.

That is the real truth.

[Alfie]

They have a presumption of innocence but have not been cleared according to the SC.

So, had the McCanns never have claimed to have been cleared would Amaral have lost his appeal?

[slartibartfast]

So, had the McCanns never have claimed to have been cleared would Amaral have lost his appeal?

No. The innocence question was just part of the extensive and exhaustive SC judgement but not key to the success or failure of the appeal.

[Miss Taken Identity]

No. The innocence question was just part of the extensive and exhaustive SC judgement but not key to the success or failure of the appeal.

Indeed! And it is telling that the length of time taken,it would appear to be the case that is was very thourough.

[Alfie]

No. The innocence question was just part of the extensive and exhaustive SC judgement but not key to the success or failure of the appeal.

So what was the key to the success of the appeal then? 

[Brietta]

Maybe, maybe not.
I would sure love to see the "workings" behind you conclusions though.
Quoting relevant laws and clauses of course otherwise it's not telling us much

Must have been your 'day off' when I posted this first time round.  However I have no worries about repeating myself at your request.

Quote
In describing a television broadcast which slammed libel upon libel hardly bothering with libellous innuendo ... it was immediately apparent that open season had certainly been declared on the McCanns and their friends ... that is if it had ever been closed.

Read carefully what I actually said about that ...
"With the worst type of accusation being banded about with unreconstructed viciousness." ... which does not match your paraphrased version of what you say I said.
I do wish you were able to present your case without the necessity for invention.

However while reading the transcript yet again to refresh on the libellous accusations being reiterated, the reputations being trashed with "unreconstructed viciousness" and the embellishing of quite a few of the more scurrilous myths, I also read the header on the site.

Which proudly quotes from the Portuguese Constitution as follows ... 1.Everyone shall possess the right to freely express and publicise his thoughts in words, images or by any other means, as well as the right to inform others, inform himself and be informed without hindrance or discrimination 2.Exercise of the said rights shall not be hindered or limited by any type or form of censorship.
Constitution of the Portuguese Republic, Article 37.º

However the Constitution consists of much more than Goncalo Amaral's freedom of expression and thus the freedom apparently enjoyed by television panellists to destroy the good name of whoever may take the fancy of the moment.
It includes ...
Article 16
Scope and sense of fundamental rights
1. The fundamental rights enshrined in the Constitution do not exclude any others contained in applicable laws and rules of international law.

2. The constitutional and legal precepts relating to fundamental rights must be interpreted and integrated in accordance with the Universal Declaration of Human Rights.
http://www.parlamento.pt/Legislacao/Paginas/ConstituicaoRepublicaPortuguesa.aspx#art37     


Perhaps the television panellists et al should consider tempering their enthusiasm until they see how the McCanns might react to the rights enshrined in the Constitution of the Republic which incorporate the guarantee of the implementation of International law.
http://miscarriageofjustice.co/index.php?topic=7992.msg389157#msg389157          End quote

[Miss Taken Identity]

So what was the key to the success of the appeal then?

Read it and find out.

[Alfie]

Read it and find out.

I'll wait for Slarti to tell me, he or she is very fond of putting me right.

[Miss Taken Identity]

I'll wait for Slarti to tell me, he or she is very fond of putting me right.

sure thing Brother, was just helping out a supporter..

[Alice Purjorick]

Must have been your 'day off' when I posted this first time round.  However I have no worries about repeating myself at your request.

Quote
In describing a television broadcast which slammed libel upon libel hardly bothering with libellous innuendo ... it was immediately apparent that open season had certainly been declared on the McCanns and their friends ... that is if it had ever been closed.

Read carefully what I actually said about that ...
"With the worst type of accusation being banded about with unreconstructed viciousness." ... which does not match your paraphrased version of what you say I said.
I do wish you were able to present your case without the necessity for invention.

However while reading the transcript yet again to refresh on the libellous accusations being reiterated, the reputations being trashed with "unreconstructed viciousness" and the embellishing of quite a few of the more scurrilous myths, I also read the header on the site.

Which proudly quotes from the Portuguese Constitution as follows ... 1.Everyone shall possess the right to freely express and publicise his thoughts in words, images or by any other means, as well as the right to inform others, inform himself and be informed without hindrance or discrimination 2.Exercise of the said rights shall not be hindered or limited by any type or form of censorship.
Constitution of the Portuguese Republic, Article 37.º

However the Constitution consists of much more than Goncalo Amaral's freedom of expression and thus the freedom apparently enjoyed by television panellists to destroy the good name of whoever may take the fancy of the moment.
It includes ...
Article 16
Scope and sense of fundamental rights
1. The fundamental rights enshrined in the Constitution do not exclude any others contained in applicable laws and rules of international law.

2. The constitutional and legal precepts relating to fundamental rights must be interpreted and integrated in accordance with the Universal Declaration of Human Rights.
http://www.parlamento.pt/Legislacao/Paginas/ConstituicaoRepublicaPortuguesa.aspx#art37     


Perhaps the television panellists et al should consider tempering their enthusiasm until they see how the McCanns might react to the rights enshrined in the Constitution of the Republic which incorporate the guarantee of the implementation of International law.
http://miscarriageofjustice.co/index.php?topic=7992.msg389157#msg389157          End quote

Article 37 says:
Freedom of expression and information

 1. Everyone has the right freely to express and disseminate his or her thinking by word, image or other means, as well as the right to inform, to inform and to be informed, without hindrance or discrimination.

2. The exercise of these rights can not be prevented or limited by any type or form of censorship.

3. Infringements committed in the exercise of these rights shall be subject to the general principles of criminal law or of the unlawful act of mere social ordinance, respectively, being the jurisdiction of the courts or independent administrative entity, in accordance with the law.

4. All persons, whether natural or legal, shall be entitled, under conditions of equality and efficiency, to a right of reply and rectification, as well as the right to compensation for damages suffered.

So how in your opinion does the SC ruling in the rejection of the McCanns appeal "drive a coach and horses" through anything?
To do so would include but not be limited to :o
The SC infringing a relevant law. So which law has been infringed?

[Mr Gray]

Article 37 says:
Freedom of expression and information

 1. Everyone has the right freely to express and disseminate his or her thinking by word, image or other means, as well as the right to inform, to inform and to be informed, without hindrance or discrimination.

2. The exercise of these rights can not be prevented or limited by any type or form of censorship.

3. Infringements committed in the exercise of these rights shall be subject to the general principles of criminal law or of the unlawful act of mere social ordinance, respectively, being the jurisdiction of the courts or independent administrative entity, in accordance with the law.

4. All persons, whether natural or legal, shall be entitled, under conditions of equality and efficiency, to a right of reply and rectification, as well as the right to compensation for damages suffered.

So how in your opinion does the SC ruling in the rejection of the McCanns appeal "drive a coach and horses" through anything?
To do so would include but not be limited to :o
The SC infringing a relevant law. So which law has been infringed?

1. The fundamental rights enshrined in the Constitution do not exclude any others contained in applicable laws and rules of international law.


that one

[Alice Purjorick]

1. The fundamental rights enshrined in the Constitution do not exclude any others contained in applicable laws and rules of international law.


that one

Which particular international law did you have in mind and how in your opinion was it infringed ?

[Mr Gray]

Which particular international law did you have in mind and how in your opinion was it infringed ?

the ECHR which limits freedom of speech in respect to the rights and good name of others

[Robittybob1]

Utter cobblers.

The Mccann's violated their children's rights by not protecting them.

That is the real truth.

Your mantra again.

[stephen25000]

Must have been your 'day off' when I posted this first time round.  However I have no worries about repeating myself at your request.

Quote
In describing a television broadcast which slammed libel upon libel hardly bothering with libellous innuendo ... it was immediately apparent that open season had certainly been declared on the McCanns and their friends ... that is if it had ever been closed.

Read carefully what I actually said about that ...
"With the worst type of accusation being banded about with unreconstructed viciousness." ... which does not match your paraphrased version of what you say I said.
I do wish you were able to present your case without the necessity for invention.

However while reading the transcript yet again to refresh on the libellous accusations being reiterated, the reputations being trashed with "unreconstructed viciousness" and the embellishing of quite a few of the more scurrilous myths, I also read the header on the site.

Which proudly quotes from the Portuguese Constitution as follows ... 1.Everyone shall possess the right to freely express and publicise his thoughts in words, images or by any other means, as well as the right to inform others, inform himself and be informed without hindrance or discrimination 2.Exercise of the said rights shall not be hindered or limited by any type or form of censorship.
Constitution of the Portuguese Republic, Article 37.º

However the Constitution consists of much more than Goncalo Amaral's freedom of expression and thus the freedom apparently enjoyed by television panellists to destroy the good name of whoever may take the fancy of the moment.
It includes ...
Article 16
Scope and sense of fundamental rights
1. The fundamental rights enshrined in the Constitution do not exclude any others contained in applicable laws and rules of international law.

2. The constitutional and legal precepts relating to fundamental rights must be interpreted and integrated in accordance with the Universal Declaration of Human Rights.
http://www.parlamento.pt/Legislacao/Paginas/ConstituicaoRepublicaPortuguesa.aspx#art37     


Perhaps the television panellists et al should consider tempering their enthusiasm until they see how the McCanns might react to the rights enshrined in the Constitution of the Republic which incorporate the guarantee of the implementation of International law.
http://miscarriageofjustice.co/index.php?topic=7992.msg389157#msg389157          End quote

The McCann's went through the court system in Portugal, in search of revenge and money, against Amaral.

They lost.

Perhaps you should research how the Portuguese legal system deals with such cases, when a party seeks to set aside a verdict.

It would help.

Again, I find your closeness to all things McCann, quite strange.