Author Topic: McCanns claim they can still appeal Supreme Court decision.  (Read 24934 times)

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Offline Miss Taken Identity

Re: McCanns claim they can still appeal Supreme Court decision.
« Reply #150 on: April 30, 2017, 10:37:08 PM »
The ECHR will in the first instance be interested in whether the application is admissible to heard by the committee which decides whether it will be admissible to be heard by the court. So there are two hurdles to clear, neither of which has an appeals procedure so out is out. The typical time scale is 5 years to committee and a further 5 years to be heard by the court. The application has to be in by July 31st 2017.

Pfft Alice, the McCanns won't have to wait that long, it is an open and shut case they win again.. 8)-))). Seriously,it is coming across that their reputation means more to them than finding their daughter.
'Never underestimate the power of stupid people'... George Carlin

Offline misty

Re: McCanns claim they can still appeal Supreme Court decision.
« Reply #151 on: April 30, 2017, 10:57:45 PM »
The SC overlooked the breach of duty of reserve, presumption of innocence & the filing category of the original archiving report to reach their decision. Neither impartial nor just, IMO - but then I'm not a lawyer, judge or even Portuguese.
« Last Edit: May 01, 2017, 03:08:33 AM by John »

Offline slartibartfast

Re: McCanns claim they can still appeal Supreme Court decision.
« Reply #152 on: April 30, 2017, 11:01:10 PM »
The SC overlooked the breach of duty of reserve, presumption of innocence & the filing category of the original archiving report to reach their decision. Neither impartial nor just, IMO - but then I'm not a lawyer, judge or even Portuguese.

That was point XIII
“Reasoning will never make a Man correct an ill Opinion, which by Reasoning he never acquired”.

Offline misty

Re: McCanns claim they can still appeal Supreme Court decision.
« Reply #153 on: April 30, 2017, 11:13:42 PM »
That was point XIII

When is the law not the law?

Offline Mr Gray

Re: McCanns claim they can still appeal Supreme Court decision.
« Reply #154 on: April 30, 2017, 11:26:16 PM »
That was point XIII

the ruling in portugal has absolutely no bearing on the ECHR

Offline Miss Taken Identity

Re: McCanns claim they can still appeal Supreme Court decision.
« Reply #155 on: May 01, 2017, 12:10:59 AM »
the ruling in portugal has absolutely no bearing on the ECHR



Oh... So why are they going if not to bemoan about the Portuguese AGAIN! Get them into trouble with ECHR... oh errr... I say...heehee. 
'Never underestimate the power of stupid people'... George Carlin

Offline ShiningInLuz

Re: McCanns claim they can still appeal Supreme Court decision.
« Reply #156 on: May 01, 2017, 01:06:57 AM »
on what do you base that
On the interview, where Gerry McCann said they had not lodged an appeal to the ECHR.
What's up, old man?

Offline John

Re: McCanns claim they can still appeal Supreme Court decision.
« Reply #157 on: May 01, 2017, 02:12:26 AM »
McCanns vow to fight Gonçalo Amaral in the European Courts?


by Joana Morais
published 30 April 2017


"It seems increasingly clear that McCann case is no longer about what happened to a little girl, but an attempt — some say cover-up — to absolve "upstanding Brits" of any responsibility, conveniently blaming Portugal, the poor man of Europe, for a botched investigation and overall ineptness." - Chris Freind, 2013


McCanns exclusive interview to the BBC | Photo: Joe Giddens/PA


On what is said to be an exclusive interview to be broadcast today by the BBC (for an undisclosed amount), the McCanns vow to take Gonçalo Amaral to the European Court of Human Rights, because “the last judgement is terrible”. True to their character, their blatant disregard for freedom of expression, constitutional rights and vindictiveness levelled at the former inspector of the Judiciary Police knows no bounds.

No one can forget that Kate McCann once had this to say about the former inspector: "He [Gonçalo Amaral] deserves to be miserable and feel fear." No one can also forget that the money that was donated to fund the search for Madeleine has been used to pay for a relentless PR campaign against the former inspector, but also against the Judiciary Police, against the Portuguese institutions and authorities since 2007. That same money donated by the caring and concerned public world-wide to the search fund turned into a legal fund used to attempt to silence the former inspector, numerous newspapers in Portugal and abroad, TV channels and anyone who would dare to present, factually, a thesis that didn't meet the McCann's criteria - a criteria that is based on the image the couple wishes to project to the world. The fund was also used to at least once pay for the McCann's mortgage and in detectives that were far more experienced in dealing with corporate spying, in mediocre rent-a-cops, some of which attempted to exert pressure in the PJ officers working in the case and it is alleged that some have even created fake leads and unexistent connections to dead little girls, victims without a name, only to sustain the abduction thesis, wasting police time and resources.

Unlike what the couple alleges in this BBC exclusive and has done in numerous other interviews along the years, the investigation in Portugal was archived, mainly, due to the lack of cooperation of the British authorities (ex. refusing to send financial information) and the McCanns' friends unwillingness to cooperate with the Portuguese police, when for example, the crucial step of doing a reconstruction, in situ, with the whole group was refused because "it wouldn't have media benefits" i.e. it wouldn't be televised. And also because even before the McCanns were constituted as arguidos by the Portuguese prosecutors there was an enormous pressure, both political and economic, on the Portuguese authorities to investigate this case solely as an abduction, sabotaging all the other hypotheses the PJ attempted to explore. The English tabloid media distortion that was echoed in the world-media, was then and is now, essentially a calculated PR game to stir nationalistic emotions, to create a xenophobic rivalry intended to belittle the Portuguese authorities and whitewash the couple, this also played a role in the investigation archival.

The fact that the PJ has lost the public opinion battle is largely the fault of their successive national directors, Justice and Public ministers, who since 2007 allowed unscrupulous PR men and hacks to exert an enormous pressure on the PJ officers, their men to be crucified in the media and did not  prevent the re-writing of the facts and events of investigation. Releasing the case files after the investigation was an unusual excellent step but was insufficient PR wise.

In essence, since the investigation was archived in Portugal the McCanns could have asked their friends, the group nicknamed Tapas seven, to come forward and take part of a police reconstruction, very needed to clarify the many contradictions in the whole group statements, that would also pressure the Portuguese prosecutors to reopen the investigation since the reconstruction could not take place with the investigation archived. That step and plenty other alternatives to pressure for the reopening were never used by the couple nor by their friends. Which begs the question, where are the friends of the McCann couple now, who left Praia da Luz soon after Maddie's disappearance and whose contradictory and polemic statements were never confronted, who never helped in that crucial step that could have helped find or at least establish the truth of what happened to the little girl?

Instead what we were offered a few years later was a farcical reconstruction, a Met police/BBC co-production, in no way different from other misleading re-enactments,  that used actors, including a porn actor, filmed in a coastal village in Spain - a crimewatch that was forbidden to be broadcast in Portugal. More could be said about a police force that seemed to be working in tandem with the media, for the media, that wasted £11 million of the British tax payer's money in nice photoshoots in the Algarve and decided from the start to exempt the McCanns and their group of friends from any suspicion. That onion it seems, was never meant to be peeled. What to say about the fact that the British ex-pat community in Praia da Luz, have never heard about the sexual predator that only targeted white English girls (see Paul Luckman's interview, the editor of The Portugal News to BBC radio), oddly a Met press release that is no longer available online, nor about the recent far-fetched and unverified tabloid story of nannies using rape-whistles in that idyllic fishing village of Luz.

Continuing with the sound-bites published today, it is also untrue the couple has "been formally cleared by the Portuguese". The McCanns have been alleging that they have been exonerated in multiple interviews for years, via their PR people, or unnamed sources. There's no doubt they have tried to use the legal action against Gonçalo Amaral to have some sort of official document declaring that they were innocent, or rather not guilty, of any wrongdoings without ever being tried in a proper court. Both Lisbon Court of Appeals and the Supreme Court of Justice judges understood the tactical manoeuvre they were attempting and refuted their substantiations. The judges reasonings were made in accordance with the ECHR (European Convention on Human Rights) and its related case law, and are very clear. It's doubtful they'll even meet the requirements to make an application. It should also be noted that the ECtHR cannot deal with complaints against individuals, so if the McCanns are going to sue anyone that will have to be the Portuguese state.

As to the trolls and fake news, maybe the McCann couple, their family, their unnamed sources, their PR people and also the media that had a role in it should apportion blame for igniting the online vigilantes who have effectively caused the death of an innocent woman and for allowing, since they have never addressed this fact publicly, their followers to stalk, harass, threat anyone who dares to oppose the McCanns' version of events.

https://joana-morais.blogspot.co.uk/2017/04/mccanns-vow-to-fight-goncalo-amaral-in.html
« Last Edit: May 01, 2017, 02:17:01 AM by John »
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline Brietta

Re: McCanns claim they can still appeal Supreme Court decision.
« Reply #158 on: May 01, 2017, 02:19:25 AM »
McCanns vow to fight Gonçalo Amaral in the European Courts?


by Joana Morais
published 30 April 2017


"It seems increasingly clear that McCann case is no longer about what happened to a little girl, but an attempt — some say cover-up — to absolve "upstanding Brits" of any responsibility, conveniently blaming Portugal, the poor man of Europe, for a botched investigation and overall ineptness." - Chris Freind, 2013


McCanns exclusive interview to the BBC | Photo: Joe Giddens/PA


On what is said to be an exclusive interview to be broadcast today by the BBC (for an undisclosed amount), the McCanns vow to take Gonçalo Amaral to the European Court of Human Rights, because “the last judgement is terrible”. True to their character, their blatant disregard for freedom of expression, constitutional rights and vindictiveness levelled at the former inspector of the Judiciary Police knows no bounds.

No one can forget that Kate McCann once had this to say about the former inspector: "He [Gonçalo Amaral] deserves to be miserable and feel fear." No one can also forget that the money that was donated to fund the search for Madeleine has been used to pay for a relentless PR campaign against the former inspector, but also against the Judiciary Police, against the Portuguese institutions and authorities since 2007. That same money donated by the caring and concerned public world-wide to the search fund turned into a legal fund used to attempt to silence the former inspector, numerous newspapers in Portugal and abroad, TV channels and anyone who would dare to present, factually, a thesis that didn't meet the McCann's criteria - a criteria that is based on the image the couple wishes to project to the world. The fund was also used to at least once pay for the McCann's mortgage and in detectives that were far more experienced in dealing with corporate spying, in mediocre rent-a-cops, some of which attempted to exert pressure in the PJ officers working in the case and it is alleged that some have even created fake leads and unexistent connections to dead little girls, victims without a name, only to sustain the abduction thesis, wasting police time and resources.

Unlike what the couple alleges in this BBC exclusive and has done in numerous other interviews along the years, the investigation in Portugal was archived, mainly, due to the lack of cooperation of the British authorities (ex. refusing to send financial information) and the McCanns' friends unwillingness to cooperate with the Portuguese police, when for example, the crucial step of doing a reconstruction, in situ, with the whole group was refused because "it wouldn't have media benefits" i.e. it wouldn't be televised. And also because even before the McCanns were constituted as arguidos by the Portuguese prosecutors there was an enormous pressure, both political and economic, on the Portuguese authorities to investigate this case solely as an abduction, sabotaging all the other hypotheses the PJ attempted to explore. The English tabloid media distortion that was echoed in the world-media, was then and is now, essentially a calculated PR game to stir nationalistic emotions, to create a xenophobic rivalry intended to belittle the Portuguese authorities and whitewash the couple, this also played a role in the investigation archival.

The fact that the PJ has lost the public opinion battle is largely the fault of their successive national directors, Justice and Public ministers, who since 2007 allowed unscrupulous PR men and hacks to exert an enormous pressure on the PJ officers, their men to be crucified in the media and did not  prevent the re-writing of the facts and events of investigation. Releasing the case files after the investigation was an unusual excellent step but was insufficient PR wise.

In essence, since the investigation was archived in Portugal the McCanns could have asked their friends, the group nicknamed Tapas seven, to come forward and take part of a police reconstruction, very needed to clarify the many contradictions in the whole group statements, that would also pressure the Portuguese prosecutors to reopen the investigation since the reconstruction could not take place with the investigation archived. That step and plenty other alternatives to pressure for the reopening were never used by the couple nor by their friends. Which begs the question, where are the friends of the McCann couple now, who left Praia da Luz soon after Maddie's disappearance and whose contradictory and polemic statements were never confronted, who never helped in that crucial step that could have helped find or at least establish the truth of what happened to the little girl?

Instead what we were offered a few years later was a farcical reconstruction, a Met police/BBC co-production, in no way different from other misleading re-enactments,  that used actors, including a porn actor, filmed in a coastal village in Spain - a crimewatch that was forbidden to be broadcast in Portugal. More could be said about a police force that seemed to be working in tandem with the media, for the media, that wasted £11 million of the British tax payer's money in nice photoshoots in the Algarve and decided from the start to exempt the McCanns and their group of friends from any suspicion. That onion it seems, was never meant to be peeled. What to say about the fact that the British ex-pat community in Praia da Luz, have never heard about the sexual predator that only targeted white English girls (see Paul Luckman's interview, the editor of The Portugal News to BBC radio), oddly a Met press release that is no longer available online, nor about the recent far-fetched and unverified tabloid story of nannies using rape-whistles in that idyllic fishing village of Luz.

Continuing with the sound-bites published today, it is also untrue the couple has "been formally cleared by the Portuguese". The McCanns have been alleging that they have been exonerated in multiple interviews for years, via their PR people, or unnamed sources. There's no doubt they have tried to use the legal action against Gonçalo Amaral to have some sort of official document declaring that they were innocent, or rather not guilty, of any wrongdoings without ever being tried in a proper court. Both Lisbon Court of Appeals and the Supreme Court of Justice judges understood the tactical manoeuvre they were attempting and refuted their substantiations. The judges reasonings were made in accordance with the ECHR (European Convention on Human Rights) and its related case law, and are very clear. It's doubtful they'll even meet the requirements to make an application. It should also be noted that the ECtHR cannot deal with complaints against individuals, so if the McCanns are going to sue anyone that will have to be the Portuguese state.

As to the trolls and fake news, maybe the McCann couple, their family, their unnamed sources, their PR people and also the media that had a role in it should apportion blame for igniting the online vigilantes who have effectively caused the death of an innocent woman and for allowing, since they have never addressed this fact publicly, their followers to stalk, harass, threat anyone who dares to oppose the McCanns' version of events.

https://joana-morais.blogspot.co.uk/2017/04/mccanns-vow-to-fight-goncalo-amaral-in.html

A prime example of attack being the best form of defence.
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline misty

Re: McCanns claim they can still appeal Supreme Court decision.
« Reply #159 on: May 01, 2017, 02:23:04 AM »
A prime example of attack being the best form of defence.

It's not unlike the Turkish press telling the citizens the BBC are funding ISIL.


Offline John

Re: McCanns claim they can still appeal Supreme Court decision.
« Reply #160 on: May 01, 2017, 02:55:01 AM »
read this..

Notwithstanding the recognition of “reputation” as an Article 8 right, the case law has, until recently, maintained a clear distinction between defamation and privacy. This is on the basis that different aspects of Article 8 are engaged in the two kinds of case.  The right to reputation concerns the protection of a public reputation against unjustified damage. If reputation is damaged by a publication then the issue has traditionally been understood to be whether that damage can be justified: either because the reputation was undeserved (because the allegation was true) or because the damage was justified (because, for example, it was a responsible statement on a matter of public interest).  On this view, questions as to how the information was obtained or the extent to which the claimant had put similar information into the public domain in the past are simply irrelevant.

There is a very strong argument that they brought all this down upon themselves by their own actions.  If that is the view taken by the ECHR then a right to repution falls at the first hurdle.
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline John

Re: McCanns claim they can still appeal Supreme Court decision.
« Reply #161 on: May 01, 2017, 03:03:12 AM »
Pfft Alice, the McCanns won't have to wait that long, it is an open and shut case they win again.. 8)-))). Seriously,it is coming across that their reputation means more to them than finding their daughter.

Sadly, there would appear to be some truth in your last comment.


Be more concerned with your character than
your reputation, because your character is
what you really are, while your reputation
is merely what others think you are.

John Wooden
« Last Edit: May 01, 2017, 10:40:51 AM by Angelo222 »
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline Mr Gray

Re: McCanns claim they can still appeal Supreme Court decision.
« Reply #162 on: May 01, 2017, 06:45:35 AM »
There is a very strong argument that they brought all this down upon themselves by their own actions.  If that is the view taken by the ECHR then a right to repution falls at the first hurdle.

Interesting John that you have used a quote from me as the basis for your post
At least I have supplied some real facts to the argument

« Last Edit: May 01, 2017, 10:40:12 AM by Angelo222 »

Offline G-Unit

Re: McCanns claim they can still appeal Supreme Court decision.
« Reply #163 on: May 01, 2017, 07:16:26 AM »
The SC overlooked the breach of duty of reserve, presumption of innocence & the filing category of the original archiving report to reach their decision. Neither impartial nor just, IMO - but then I'm not a lawyer, judge or even Portuguese.

The SC overlooked nothing. When Duarte appealed to the Supreme Court she laid out the points they should consider, not them.

She didn't ask them to rule on the breach of duty of reserve; she seems to have accepted the rejection of that argument by the Appeal Court.

She tried to use the presumption of innocence and they explained how it wasn't relevant.

I assume by 'filing category' you are referring to Article 277/1. That was also dealt with.

Read and abide by the forum rules.
Result = happy posting.
Ignore and break the rules
Result = edits, deletions and unhappiness
http://miscarriageofjustice.co/index.php?board=2.0

Offline Angelo222

Re: McCanns claim they can still appeal Supreme Court decision.
« Reply #164 on: May 01, 2017, 10:44:15 AM »
Interesting John that you have used a quote from me as the basis for your post
At least I have supplied some real facts to the argument

I have removed your inappropriate remark and the mantra which followed.   Posters have been warned constantly that there would be consequences.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!