Author Topic: McCanns appeal to the European Court of Human Rights  (Read 32804 times)

0 Members and 3 Guests are viewing this topic.

Offline G-Unit

McCanns appeal to the European Court of Human Rights
« on: September 09, 2017, 07:42:43 AM »
MADDIE 'LIE' BATTLE  Madeleine McCann’s parents Kate and Gerry make final appeal in battle against shameless ex-police chief

The McCanns have been fighting a lengthy legal battle against Goncarlo Amaral after he wrote a book suggesting they were responsible for the 2007 abduction and 'death' of their daughter.



By Nick Pisa
Published on 9th September 2017

MADDIE McCann’s parents have made a last ditch appeal to the European Court of Human Rights after a Portuguese judge ruled against them in their battle against a shameless ex police chief.

Kate and Gerry McCann, both 49, have been fighting a lengthy legal battle against Goncarlo Amaral after he wrote a book suggesting they were responsible for the abduction and ‘’death’’ of their daughter in 2007.

 Madeleine McCann's parents have been fighting a legal battle against an ex-cop who claimed they were responsible for her daughter's abduction

The case has been in and out of court in Portugal with Amaral initially being ordered to pay £360,000 damaged in 2015 for the outrageous slurs in ‘The Truth of the Lie’.

But his legal team overturned that order and Kate and Gerry took out their own appeal against him in Portugal’s Supreme Court and earlier this year they were left devastated after judges again ruled in his favour.

In their 76 page ruling judges said Kate and Gerry had not ‘’successfully proved their innocence’’ - which left the couple from Rothley, Leicestershire ‘shattered’, according to a source close to the couple.

Initially they had considered dropping the whole case against Amaral they are more determined than ever that he should not get away with his vile allegations against them.

So far no money has been paid by either party and now they will square up to each other at the European Court of Human Rights in Strasbourg.

The appeal was lodged in July by their Portuguese lawyer Isabel Duarte and they are now waiting for a date to be confirmed.

 Gerry and Kate McCann have made a last ditch appeal to the European Court of Human Rights after a Portuguese judge ruled against them.

A source close to the couple said: "They discussed the situation with their legal team and they decided that ultimately it was worth fighting the decision of the Portuguese court.

"They are upset that the court made this ruling but are also desperately upset at Amaral’s claims which are ludicrous and hurtful.’’

Last night the European Court of Human Rights confirmed an appeal had been lodged and officials were investigating its "admissibility’’ before deciding what to do next.

Family spokesman Clarence Mitchell told The Sun: "I can confirm that Kate and Gerry have lodged an appeal application at the European Court of Human Rights and the application is being considered.

 Goncarlo Amaral's legal team overturned an order for him to pay £360,000 damaged in 2015 for the outrageous slurs in ‘The Truth of the Lie'
https://www.thesun.co.uk/news/4425917/madeleine-mccann-kate-gerry-goncarlo-amaral/#comments

1998
« Last Edit: July 02, 2018, 04:37:27 PM by John »
Accept nothing
Believe no-one
Confirm everything

stephen25000

  • Guest
Re: McCanns appeal to the European Court of Human Rights
« Reply #1 on: September 09, 2017, 08:15:36 AM »
As we know, the case against Amaral is over.

I predicted they wouldn't pay up, as have others.

They cannot take Amaral to the E.C.H.R., it is the state of Portugal.

This has now become totally ridiculous, I.M.H.O. of course.

The Sun, surprise, surprise, has LIED in it's headlines, saying ........

' they were responsible for the 2007 abduction and 'death' of their daughter '


Offline slartibartfast

Re: McCanns appeal to the European Court of Human Rights
« Reply #2 on: September 09, 2017, 08:22:02 AM »
I think what is more interesting is the timing of the announcement. If this was submitted in July, why wait until now to announce it? Obviously an ongoing court case wouldn't hurt the SY appeal for more funding.
It is a lack of contrition that makes a person who has done wrong fixate on being proven blameless.

Online Robittybob1

  • Moderator
  • Veteran Member
  • ****
  • Posts: 15385
  • Total likes: 2387
  • Wisdom and understanding please.
    • The Lord Jesus - search for Madeleine McCann
Re: McCanns appeal to the European Court of Human Rights
« Reply #3 on: September 09, 2017, 08:32:01 AM »
As we know, the case against Amaral is over.

I predicted they wouldn't pay up, as have others.

They cannot take Amaral to the E.C.H.R., it is the state of Portugal.

This has now become totally ridiculous, I.M.H.O. of course.

The Sun, surprise, surprise, has LIED in it's headlines, saying ........

' they were responsible for the 2007 abduction and 'death' of their daughter '
You took the quote out of context. "The McCanns have been fighting a lengthy legal battle against Goncarlo Amaral after he wrote a book suggesting they were responsible for the 2007 abduction and 'death' of their daughter."
What are you doing to find Madeleine?

stephen25000

  • Guest
Re: McCanns appeal to the European Court of Human Rights
« Reply #4 on: September 09, 2017, 08:34:02 AM »
I think what is more interesting is the timing of the announcement. If this was submitted in July, why wait until now to announce it? Obviously an ongoing court case wouldn't hurt the SY appeal for more funding.

Good point Slarti.

Also, it just seems a month or so ago,  I believe it was reported that the McCann's weren't going to the E.C.H.R.

stephen25000

  • Guest
Re: McCanns appeal to the European Court of Human Rights
« Reply #5 on: September 09, 2017, 08:36:25 AM »
You took the quote out of context. "The McCanns have been fighting a lengthy legal battle against Goncarlo Amaral after he wrote a book suggesting they were responsible for the 2007 abduction and 'death' of their daughter."

Have you forgotten this, from the Sun Rob ?

'MADDIE CONSPIRACY COPWho is Goncalo Amaral? Ex-Madeleine McCann cop who claims Kate and Gerry killed their daughter


https://www.thesun.co.uk/news/2751442/goncalo-amaral-madeleine-mccann-kate-gerry/

That's LIBEL Rob. He said no such thing.

stephen25000

  • Guest
Re: McCanns appeal to the European Court of Human Rights
« Reply #6 on: September 09, 2017, 08:53:31 AM »
Here we are..........

From the Sun itself.



“Realistically a European Court appeal was never going to succeed plus it would be too expensive to launch. It seems Mr Amaral, regrettably, has won once and for all. The fight is finally over."

https://www.thesun.co.uk/news/3996381/madeleine-mccanns-parents-kate-and-gerry-have-failed-in-their-battle-to-silence-ex-portuguese-cop-over-sick-slurs/

So who is telling LIES ?

Offline G-Unit

Re: McCanns appeal to the European Court of Human Rights
« Reply #7 on: September 09, 2017, 08:54:54 AM »
Of course it makes no difference to the ruling of the Supreme Court or their debt which they seemingly haven't paid.

The Court does not act as a court of appeal in relation to national courts; it does not rehear cases, it cannot quash, vary or revise their decisions.
http://www.echr.coe.int/Documents/Questions_Answers_ENG.pdf

The newspaper could have made an effort to get Amaral's name right; Goncarlo Amaral.
Accept nothing
Believe no-one
Confirm everything

Offline Brietta

Re: McCanns appeal to the European Court of Human Rights
« Reply #8 on: September 09, 2017, 09:20:26 AM »
Have you forgotten this, from the Sun Rob ?

'MADDIE CONSPIRACY COPWho is Goncalo Amaral? Ex-Madeleine McCann cop who claims Kate and Gerry killed their daughter


https://www.thesun.co.uk/news/2751442/goncalo-amaral-madeleine-mccann-kate-gerry/

That's LIBEL Rob. He said no such thing.

Quote
There are two major types of innuendo. The first is false innuendo. It is a defamatory statement made that has an implied meaning, so only individuals who have the necessary contextual knowledge can appreciate and understand that the comment is defamatory. This may require some sort of cultural, geographic information.
There is also legal innuendo. While this is not defamatory on its face, a legal innuendo statement can be defamatory when combined with certain extrinsic or outside circumstances. This contextual information may cause a statement to be considered defamatory in a certain jurisdiction while not another.
When looking at legal precedent, strict liability rule is applied to legal innuendo. This is the standard level of liability that specifies what makes an individually legally responsible. Strict liability requires imposing liability on a particular party without finding a reason for the fault, such as tortious intent or negligence. In this situation, the defendant must have been proved to be responsible and that the torn in question did happen.
http://defamation.laws.com/innuendo

It will be interesting to see how it all turns out in the European Court.

I particularly await with interest what I believe to have been the abrogation of the McCann human rights as outlined by the Portuguese appeal court judges.
I never thought they were entitled to say what they said in their conclusions to a civil case.

There you have it Stephen.
I don't think he had to say it.  I think he only had to imply it ... and goodness gracious me hasn't he worked overtime at that one ... much more so than Sally Bercow's one tweet ... http://www.bbc.co.uk/news/world-22652083
The remit of Operation Grange is to investigate ...  "(as if the abduction occurred in the UK)"

stephen25000

  • Guest
Re: McCanns appeal to the European Court of Human Rights
« Reply #9 on: September 09, 2017, 09:28:07 AM »
Quote
There are two major types of innuendo. The first is false innuendo. It is a defamatory statement made that has an implied meaning, so only individuals who have the necessary contextual knowledge can appreciate and understand that the comment is defamatory. This may require some sort of cultural, geographic information.
There is also legal innuendo. While this is not defamatory on its face, a legal innuendo statement can be defamatory when combined with certain extrinsic or outside circumstances. This contextual information may cause a statement to be considered defamatory in a certain jurisdiction while not another.
When looking at legal precedent, strict liability rule is applied to legal innuendo. This is the standard level of liability that specifies what makes an individually legally responsible. Strict liability requires imposing liability on a particular party without finding a reason for the fault, such as tortious intent or negligence. In this situation, the defendant must have been proved to be responsible and that the torn in question did happen.
http://defamation.laws.com/innuendo

It will be interesting to see how it all turns out in the European Court.

I particularly await with interest what I believe to have been the abrogation of the McCann human rights as outlined by the Portuguese appeal court judges.
I never thought they were entitled to say what they said in their conclusions to a civil case.

There you have it Stephen.
I don't think he had to say it.  I think he only had to imply it ... and goodness gracious me hasn't he worked overtime at that one ... much more so than Sally Bercow's one tweet ... http://www.bbc.co.uk/news/world-22652083

If you really think the McCann's have had their human rights impinged, I find that quite laughable.

it was Madeleine's right to be protected, by her parents and guardians.

In which they failed abjectly.

Sally Bercow, by the way is OFF TOPIC.

« Last Edit: September 09, 2017, 09:49:14 AM by stephen25000 »

Online Robittybob1

  • Moderator
  • Veteran Member
  • ****
  • Posts: 15385
  • Total likes: 2387
  • Wisdom and understanding please.
    • The Lord Jesus - search for Madeleine McCann
Re: McCanns appeal to the European Court of Human Rights
« Reply #10 on: September 09, 2017, 09:51:45 AM »
Have you forgotten this, from the Sun Rob ?

'MADDIE CONSPIRACY COPWho is Goncalo Amaral? Ex-Madeleine McCann cop who claims Kate and Gerry killed their daughter


https://www.thesun.co.uk/news/2751442/goncalo-amaral-madeleine-mccann-kate-gerry/

That's LIBEL Rob. He said no such thing.
It is the headlines
What are you doing to find Madeleine?

stephen25000

  • Guest
Re: McCanns appeal to the European Court of Human Rights
« Reply #11 on: September 09, 2017, 09:57:27 AM »
It is the headlines

It is ALSO LIBEL Rob.

Offline Brietta

Re: McCanns appeal to the European Court of Human Rights
« Reply #12 on: September 09, 2017, 10:02:09 AM »
If you really think the McCann's have had their human rights impinged, I find that quite laughable.

it was Madeleine's rights to be protected, by her parents and guardians.

In which they failed abjectly.

Sally Bercow, by the way is OFF TOPIC.

Right from the start of the year when you and and others have been crowing about the Portuguese judges doing so, it has been my firm belief that their judgement denied the McCann right to the presumption of innocence which is enshrined in law.  It will be interesting to see if the European Court agrees with me on that one ... or with you.
The remit of Operation Grange is to investigate ...  "(as if the abduction occurred in the UK)"

Offline jassi

Re: McCanns appeal to the European Court of Human Rights
« Reply #13 on: September 09, 2017, 10:12:38 AM »
Tune in next decade to find out.
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -   11 years and still no solution.

stephen25000

  • Guest
Re: McCanns appeal to the European Court of Human Rights
« Reply #14 on: September 09, 2017, 10:13:12 AM »
Right from the start of the year when you and and others have been crowing about the Portuguese judges doing so, it has been my firm belief that their judgement denied the McCann right to the presumption of innocence which is enshrined in law.  It will be interesting to see if the European Court agrees with me on that one ... or with you.

They first have to, accept the case.

...and it won't be against Amaral, either.

Meanwhile i anticipate action against the McCann's by the Portuguese, as they have not paid up after the Supreme Court Judgement.

Tell me Brietta, how do you defend the McCann's failure to look after Madeleine's human rights ?