Author Topic: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.  (Read 24104 times)

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Offline Mr Gray

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #390 on: June 07, 2021, 11:13:06 AM »
The SC judges did not suggest that the McCanns were guilty of a crime imo, so didn't breach the McCann's right to the POI.

Amaral accused them of a crime... Thats what the SC judgement was about... They were thetefore entitled to the POI

Offline G-Unit

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #391 on: June 07, 2021, 11:26:44 AM »
Amaral accused them of a crime... Thats what the SC judgement was about... They were thetefore entitled to the POI

So did others;

"Now the thesis that the minor died accidentally in the apartment and that this fact was hidden by her parents, who spread and fed, in order to deceive, an hypothesis of abduction, is not new, there's nothing new neither in the book, in the interview or in the documentary.

This theory of the facts comes from the own investigation, it is shaped in the chief inspector Tavares de Almeida's report (No. 9), it was an avenue pursued by the investigation (paragraphs 10 and 11), it determined the constitution of the claimants Gerald and Kate McCann as arguidos and was put within the reach of the media, and soon of the general public through a copy of the inquest (paragraphs 65 and 66) .

One wonders then what is the difference between 1) asserting – as it was done at a certain step of the investigation or as many commentators do – that there are indices of accidental death, concealment of the corpse and simulation of crime and 2) supporting this view as did the defendant Goncalo Amaral in those three mediums.
page 34 http://miscarriageofjustice.co/index.php?topic=6307.0
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Offline Mr Gray

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #392 on: June 07, 2021, 11:56:49 AM »
So did others;

"Now the thesis that the minor died accidentally in the apartment and that this fact was hidden by her parents, who spread and fed, in order to deceive, an hypothesis of abduction, is not new, there's nothing new neither in the book, in the interview or in the documentary.

This theory of the facts comes from the own investigation, it is shaped in the chief inspector Tavares de Almeida's report (No. 9), it was an avenue pursued by the investigation (paragraphs 10 and 11), it determined the constitution of the claimants Gerald and Kate McCann as arguidos and was put within the reach of the media, and soon of the general public through a copy of the inquest (paragraphs 65 and 66) .

One wonders then what is the difference between 1) asserting – as it was done at a certain step of the investigation or as many commentators do – that there are indices of accidental death, concealment of the corpse and simulation of crime and 2) supporting this view as did the defendant Goncalo Amaral in those three mediums.
page 34 http://miscarriageofjustice.co/index.php?topic=6307.0

The fact that others did makes no differnce..

Offline G-Unit

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #393 on: June 07, 2021, 12:14:20 PM »
The fact that others did makes no differnce..

Oh but it did. It resulted in the judge of the first instance using Amaral's status as a retired officer of the PJ to restrict his freedom of expression. That suggests that he could have written his book without censure if he'd been a retired estate agent.
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Offline Eleanor

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #394 on: June 07, 2021, 12:24:16 PM »
Oh but it did. It resulted in the judge of the first instance using Amaral's status as a retired officer of the PJ to restrict his freedom of expression. That suggests that he could have written his book without censure if he'd been a retired estate agent.

That is why The Judge of The First Instance was wrong.  Presuming that this is what was meant.

Offline Venturi Swirl

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #395 on: June 07, 2021, 12:36:31 PM »
Oh but it did. It resulted in the judge of the first instance using Amaral's status as a retired officer of the PJ to restrict his freedom of expression. That suggests that he could have written his book without censure if he'd been a retired estate agent.
How so?  I thought part of Amaral's defence was that he was the cop on the case and was therefore only expressing his honestly formed opinion of the evidence he and his team had collected which would not have applied in the case of a retired estate agent...?
"Surely the fact that their accounts were different reinforces their veracity rather than diminishes it? If they had colluded in protecting ........ surely all of their accounts would be the same?" - Faithlilly

Offline misty

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #396 on: June 07, 2021, 12:38:11 PM »
Oh but it did. It resulted in the judge of the first instance using Amaral's status as a retired officer of the PJ to restrict his freedom of expression. That suggests that he could have written his book without censure if he'd been a retired estate agent.

The first instance judge was correct. Unlike Amaral, an estate agent, or any layperson, would not have seen the contents of Tavares de Almeida's interim report before such a hypothetical book was published. The defence of qualified privilege is not applicable to an ex-police officer, as the first instance judge rightly stated.

Offline kizzy

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #397 on: June 07, 2021, 12:41:59 PM »
So all those saying Amaral would not feature are wrong... As I claimed from the start.... And the infringment is the presumption of innocence and the balance between articles 8 and 10...as I said from the start

Well apparently


He is named, because it was his book which started it all off.

But the case against him personally has been fought, and lost.
 
Then lost again, and then lost a third time




Offline Mr Gray

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #398 on: June 07, 2021, 12:44:07 PM »
Oh but it did. It resulted in the judge of the first instance using Amaral's status as a retired officer of the PJ to restrict his freedom of expression. That suggests that he could have written his book without censure if he'd been a retired estate agent.

If you read the ECHR guidance on article 8 it says law enforcement officers should be particularly cateful as they may have specific knowledge. An estate agent couldnt have written the book as they didnt have access to the files. If they wrote a similar book it could still be libellous

Offline Mr Gray

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #399 on: June 07, 2021, 12:45:36 PM »
Well apparently


He is named, because it was his book which started it all off.

But the case against him personally has been fought, and lost.
 
Then lost again, and then lost a third time


Posters here said the action has nothing to do with amaral.. They have bren shown to be wrong

Offline kizzy

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #400 on: June 07, 2021, 12:50:28 PM »
Posters here said the action has nothing to do with amaral.. They have bren shown to be wrong

Well imo it isn't ...its against portugal.

Offline G-Unit

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #401 on: June 07, 2021, 12:51:52 PM »
That is why The Judge of The First Instance was wrong.  Presuming that this is what was meant.

The Appeal and Supreme Courts agreed with you, she was wrong. Amaral's retired status didn't restrict his right to freedom of expression. Nor, as the SC judges ruled, did it prevent him from expressing his opinion that, despite the lack of evidence proving it, the McCanns daughter died accidentally and they hid that from the authorities.
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Offline Mr Gray

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #402 on: June 07, 2021, 12:53:29 PM »
Well apparently


He is named, because it was his book which started it all off.

But the case against him personally has been fought, and lost.
 
Then lost again, and then lost a third time


I think you will find it was lost because the SC failed in their duty to uphold European Law. Amarsl has been quiet for a long time..if he repeats his allegations he could find himself back in a Portuguese court

Offline barrier

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #403 on: June 07, 2021, 01:30:33 PM »
I think you will find it was lost because the SC failed in their duty to uphold European Law. Amarsl has been quiet for a long time..if he repeats his allegations he could find himself back in a Portuguese court


I think its best to wait on the echr rather than make idle speculation.
This is my own private domicile and I shall not be harassed, biatch:Jesse Pinkman Character.

Offline G-Unit

Re: ECHR urge McCanns to reach friendly settlement with Gonçalo Amaral.
« Reply #404 on: June 07, 2021, 01:45:58 PM »
If you read the ECHR guidance on article 8 it says law enforcement officers should be particularly cateful as they may have specific knowledge. An estate agent couldnt have written the book as they didnt have access to the files. If they wrote a similar book it could still be libellous

I haven't seen the bolded information, please provide a link.

An estate agent could have written the book using the released PJ Files. Opinion, which is what Amaral claimed his book was, is not usually seen as defamatory.
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