Author Topic: Were the media wrong to settle defamation actions out of court?  (Read 5496 times)

0 Members and 1 Guest are viewing this topic.

Online Davel

Re: Were the media wrong to settle defamation actions out of court?
« Reply #60 on: July 11, 2018, 08:56:57 PM »
Undecided as yet.
undecide but no evdence against the parents so any accustaion is libellous in the uk...and maybe in portugal too...
UNLESS OTHERWISE STATED ALL POSTS ARE MY OPINION

Offline John

Re: Were the media wrong to settle defamation actions out of court?
« Reply #61 on: July 11, 2018, 10:50:33 PM »
undecide but no evdence against the parents so any accustaion is libellous in the uk...and maybe in portugal too...

Oh there's lots of evidence, how it is interpreted is another issue.  The case is very much undetermined and will remain so until such time as it is known categorically what happened to Madeleine McCann.  I believe there is sufficient material within the files to justify fair comment.
« Last Edit: July 11, 2018, 10:59:54 PM by John »
A malicious prosecution for a crime which never existed. John Lamberton exposes malfeasance by public officials.
Check out my website >   http://johnlamberton.webs.com/index.htm?no_redirect=true     The truth never changes with the passage of time.

Online Alice Purjorick

Re: Were the media wrong to settle defamation actions out of court?
« Reply #62 on: July 11, 2018, 11:08:31 PM »
We don't need the SC to tell us Madeleines fate is unresolved... But to accuse her parents of complicity is libellous in the UK and the ECHR may well decide it islibellous in Portugal too

Which of course will have no impact on settlements agreed in the UK in 2008.
The only man who never makes a mistake is the man who never does anything.

Offline Angelo222

Re: Were the media wrong to settle defamation actions out of court?
« Reply #63 on: July 11, 2018, 11:42:04 PM »
undecide but no evdence against the parents so any accustaion is libellous in the uk...and maybe in portugal too...

They were both official suspects in their daughter's mysterious disappearance at one stage based on the evidence and according to the SC have not been cleared.  Next?
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline Angelo222

Re: Were the media wrong to settle defamation actions out of court?
« Reply #64 on: July 12, 2018, 12:20:47 AM »
We don't need the SC to tell us Madeleines fate is unresolved... But to accuse her parents of complicity is libellous in the UK and the ECHR may well decide it islibellous in Portugal too

The State of Portugal hasn't accused them of any crime so the ECHR has no relevance in that respect.  The application to the ECHR concerns their human rights and nothing more.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline Brietta

Re: Were the media wrong to settle defamation actions out of court?
« Reply #65 on: July 12, 2018, 12:52:26 AM »
They were both official suspects in their daughter's mysterious disappearance at one stage based on the evidence and according to the SC have not been cleared.  Next?

The evidence thought sufficient to declare them arguidos just did not stand up to scrutiny and was not sufficient to allow charges to be laid against them.

When Joanna Yeate's body was discovered her landlord Christopher Jefferies was arrested ... turns out he wasn't guilty of anything though.  There was no evidence against him so the police had to continue their investigation into Joanna's murder.
The remit of Operation Grange is to investigate ...  "(as if the abduction occurred in the UK)"

Offline Angelo222

Re: Were the media wrong to settle defamation actions out of court?
« Reply #66 on: July 12, 2018, 01:06:44 AM »
The evidence thought sufficient to declare them arguidos just did not stand up to scrutiny and was not sufficient to allow charges to be laid against them.

When Joanna Yeate's body was discovered her landlord Christopher Jefferies was arrested ... turns out he wasn't guilty of anything though.  There was no evidence against him so the police had to continue their investigation into Joanna's murder.

In the Joanna Yeates case it was the murderer who initially pointed the finger at Mr Jefferies so as to deflect attention from himself.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline Brietta

Re: Were the media wrong to settle defamation actions out of court?
« Reply #67 on: July 12, 2018, 01:19:07 AM »
In the Joanna Yeates case it was the murderer who initially pointed the finger at Mr Jefferies so as to deflect attention from himself.

I know.
The fact remains that there was no supporting evidence to justify Christopher Jefferie's arrest for which he received a police apology; just as there was no supporting evidence to justify making the McCanns arguidos.
The remit of Operation Grange is to investigate ...  "(as if the abduction occurred in the UK)"

Offline misty

Re: Were the media wrong to settle defamation actions out of court?
« Reply #68 on: July 12, 2018, 01:21:08 AM »
In the Joanna Yeates case it was the murderer who initially pointed the finger at Mr Jefferies so as to deflect attention from himself.

Christopher Jefferies' libel claim against the press was also settled out of court.
https://www.bbc.co.uk/news/uk-14339807
snipped
"Mr Grieve said that had Mr Jefferies been charged, the articles could have prevented him having a fair trial."



Offline Brietta

Re: Were the media wrong to settle defamation actions out of court?
« Reply #69 on: July 12, 2018, 01:40:15 AM »
Christopher Jefferies' libel claim against the press was also settled out of court.
https://www.bbc.co.uk/news/uk-14339807
snipped
"Mr Grieve said that had Mr Jefferies been charged, the articles could have prevented him having a fair trial."

Libel laws in England and Wales
  • Exist to protect the reputation of individuals and corporations from unjustified attack
  • Covers written publications, pictures and broadcast material
  • Generally speaking, applies to statements that expose someone to hatred, cause them to be shunned, lower them in others' estimations or disparage their work
  • Claimant must prove the statement is libellous, refers to him and has been published/broadcast to others
  • Defences to libel action include proving the statements are substantially true or are "fair comment" - meaning they are honest opinion based on true facts
  • Accurate reports of many court hearings and Parliamentary proceedings are protected from libel action
  • Many cases are settled out of court because of the difficulty and expense of proving and defending claims
https://www.bbc.co.uk/news/uk-14339807
The remit of Operation Grange is to investigate ...  "(as if the abduction occurred in the UK)"

Offline Angelo222

Re: Were the media wrong to settle defamation actions out of court?
« Reply #70 on: July 12, 2018, 06:12:07 AM »
I know.
The fact remains that there was no supporting evidence to justify Christopher Jefferie's arrest for which he received a police apology; just as there was no supporting evidence to justify making the McCanns arguidos.

That's untrue and extremely disrespectful of the Portuguese investigation if I might say so.  The police were correct to make the parents official suspects given the story changes and the conflicting versions of events which even today remain unexplained. The results from the CSI and EVRD's only served to add to this as they were suggestive of cadaver contamination so your claim that there was no supporting evidence is rubbish. The AG also made clear in his final report that the McCanns lost the opportunity to demonstrate their non involvement by the tapas groups refusal to cooperate with the investigation so if you need to blame anyone, blame them.
« Last Edit: July 12, 2018, 06:19:06 AM by Angelo222 »
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Online Davel

Re: Were the media wrong to settle defamation actions out of court?
« Reply #71 on: July 12, 2018, 06:48:23 AM »
The State of Portugal hasn't accused them of any crime so the ECHR has no relevance in that respect.  The application to the ECHR concerns their human rights and nothing more.

The state of Portugal has deemed that amarals right to free speech overrides the mccanns right to a be accused of being criminals.... Article 8
You may not like, it but amaral and his, book will feature highly in thevECHR case... Imo
UNLESS OTHERWISE STATED ALL POSTS ARE MY OPINION

Online Davel

Re: Were the media wrong to settle defamation actions out of court?
« Reply #72 on: July 12, 2018, 06:49:58 AM »
That's untrue and extremely disrespectful of the Portuguese investigation if I might say so.  The police were correct to make the parents official suspects given the story changes and the conflicting versions of events which even today remain unexplained. The results from the CSI and EVRD's only served to add to this as they were suggestive of cadaver contamination so your claim that there was no supporting evidence is rubbish. The AG also made clear in his final report that the McCanns lost the opportunity to demonstrate their non involvement by the tapas groups refusal to cooperate with the investigation so if you need to blame anyone, blame them.

The AG stated that none of the evidence used to make the mccanns, arguidosvwas confirmed
UNLESS OTHERWISE STATED ALL POSTS ARE MY OPINION

Online Davel

Re: Were the media wrong to settle defamation actions out of court?
« Reply #73 on: July 12, 2018, 07:03:16 AM »
Which of course will have no impact on settlements agreed in the UK in 2008.
But could of course silence amaral in the future
« Last Edit: July 12, 2018, 07:27:31 AM by Davel »
UNLESS OTHERWISE STATED ALL POSTS ARE MY OPINION

Offline Angelo222

Re: Were the media wrong to settle defamation actions out of court?
« Reply #74 on: July 12, 2018, 07:23:46 AM »
The AG stated that none of the evidence used to make the mccanns, arguidosvwas confirmed

It doesn't need to be.  They were suspects and remain so imo, the Supreme Court has made it very clear that the lifting of the arguida status did not imply they were cleared contrary to the McCann's claims.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!