Author Topic: Can Amaral sue for damages?  (Read 20546 times)

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Offline Angelo222

Re: Can Amaral sue for damages?
« Reply #30 on: October 27, 2016, 05:02:30 PM »
Dunno!

This is Portuguese law we're talking about ....

And remember he knows it inside out.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Online Eleanor

Re: Can Amaral sue for damages?
« Reply #31 on: October 27, 2016, 06:00:23 PM »
Dunno!

This is Portuguese law we're talking about ....

Too much of his dirty linen could be aired.  I don't think Isobel Duarte plays soft ball.

Offline mercury

Re: Can Amaral sue for damages?
« Reply #32 on: October 28, 2016, 12:03:14 AM »
He is certainly within his rights but personally I imagine hes had enough of them and probBly wouldnt be as vindictive or money grabbing as they have definitely proved to e

Ergo a better person

Online Eleanor

Re: Can Amaral sue for damages?
« Reply #33 on: October 28, 2016, 02:47:46 AM »

He lost the last time so he might be a bit more wary now.

Offline Carana

Re: Can Amaral sue for damages?
« Reply #34 on: October 29, 2016, 10:05:20 AM »
He is certainly within his rights but personally I imagine hes had enough of them and probBly wouldnt be as vindictive or money grabbing as they have definitely proved to e

Ergo a better person


What could he sue the McCanns for, though?

It was the court, not the McCanns, that granted the injunction on the sale of his book (and anyone interested had had lots of time to purchase a copy) and sequestered related income up to the time of that injunction.


Offline G-Unit

Re: Can Amaral sue for damages?
« Reply #35 on: October 29, 2016, 11:29:29 AM »

What could he sue the McCanns for, though?

It was the court, not the McCanns, that granted the injunction on the sale of his book (and anyone interested had had lots of time to purchase a copy) and sequestered related income up to the time of that injunction.

Courts don't impose injunctions unless a request has been made for them to do so. Those applying are responsible, not the court.


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Online Eleanor

Re: Can Amaral sue for damages?
« Reply #36 on: October 29, 2016, 11:48:59 AM »
Courts don't impose injunctions unless a request has been made for them to do so. Those applying are responsible, not the court.

There are other people and institutions to whom Amaral owes money.

Offline Carana

Re: Can Amaral sue for damages?
« Reply #37 on: October 29, 2016, 12:34:35 PM »
Courts don't impose injunctions unless a request has been made for them to do so. Those applying are responsible, not the court.

Why? The court could have refused.

Offline ShiningInLuz

Re: Can Amaral sue for damages?
« Reply #38 on: October 29, 2016, 01:41:31 PM »
Why? The court could have refused.
I have been in a case where we 'won' a settlement of a million pounds.  However, the company being sued had foreseen it would lose, and had repatriated all its assets to the parent company in the US.  The UK subsidiary folded, the CEO announced he was leaving 'to spend more time with his family'.  We didn't get a bean.

I don't know whether Amaral could have done some variation of this. But the damages claimed by the McCanns were of sufficient magnitude that making sure there was money in the pot if they won must have made sense to the court.
What's up, old man?

Offline Carana

Re: Can Amaral sue for damages?
« Reply #39 on: October 29, 2016, 02:31:15 PM »
I have been in a case where we 'won' a settlement of a million pounds.  However, the company being sued had foreseen it would lose, and had repatriated all its assets to the parent company in the US.  The UK subsidiary folded, the CEO announced he was leaving 'to spend more time with his family'.  We didn't get a bean.

I don't know whether Amaral could have done some variation of this. But the damages claimed by the McCanns were of sufficient magnitude that making sure there was money in the pot if they won must have made sense to the court.

Sorry to hear about that outcome for you, SIL.

It does make sense to me that the court may have suspected that assets might disappear (or be gobbled up for other reasons) and granted the sequestration of assets pending the trial proper.

However, I'm still having difficulty as to what he thinks that he could countersue the McCanns for. It's still a mystery to me.

Offline Angelo222

Re: Can Amaral sue for damages?
« Reply #40 on: October 29, 2016, 03:27:10 PM »
Sorry to hear about that outcome for you, SIL.

It does make sense to me that the court may have suspected that assets might disappear (or be gobbled up for other reasons) and granted the sequestration of assets pending the trial proper.

However, I'm still having difficulty as to what he thinks that he could countersue the McCanns for. It's still a mystery to me.

Are you for real?  A man has his life and his income destroyed, his assets frozen for years and you cannot see what his pursuers are liable for.  I hope he sues their arses off for millions because they and only they are responsible.  I also hope the police pursue criminal charges against all parties involved in the conspiracy against Goncalo.
« Last Edit: October 29, 2016, 03:29:36 PM by Angelo222 »
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline Benice

Re: Can Amaral sue for damages?
« Reply #41 on: October 29, 2016, 04:28:56 PM »
Are you for real?  A man has his life and his income destroyed, his assets frozen for years and you cannot see what his pursuers are liable for.  I hope he sues their arses off for millions because they and only they are responsible.  I also hope the police pursue criminal charges against all parties involved in the conspiracy against Goncalo.

What will the criminal charges be?   And who are the... 'all parties involved' which you mention?   What conspiracy are you referring to?

The notion that innocence prevails over guilt – when there is no evidence to the contrary – is what separates civilization from barbarism.    Unfortunately, there are remains of barbarism among us.    Until very recently, it headed the PJ in Portimão. I hope he was the last one.
                                               Henrique Monteiro, chief editor, Expresso, Portugal

Offline Angelo222

Re: Can Amaral sue for damages?
« Reply #42 on: October 29, 2016, 04:41:24 PM »
What will the criminal charges be?   And who are the... 'all parties involved' which you mention?   What conspiracy are you referring to?

That's for the Portuguese police to determine but I would have thought that conspiracy to pervert the course of justice and criminal interference with material witnesses would be a good starting point.
De troothe has the annoying habit of coming to the surface just when you least expect it!!

Je ne regrette rien!!

Offline Carana

Re: Can Amaral sue for damages?
« Reply #43 on: October 29, 2016, 04:48:51 PM »
Are you for real?  A man has his life and his income destroyed, his assets frozen for years and you cannot see what his pursuers are liable for.  I hope he sues their arses off for millions because they and only they are responsible.  I also hope the police pursue criminal charges against all parties involved in the conspiracy against Goncalo.

Yes, I am for real (otherwise it would be fairly unlikely that I would be able to post from Mars).

And no, I can't see the legal grounds on which he could accuse them.

- Who "destroyed his life"?

The PJ should never have left him floundering in such an investigation, when it should have been totally obvious that he didn't have any experience other than a totally botched investigation into another child's disappearance with an arguido status over a torture case concerning the mother.

After the 10 days (during which the GNR searched for her and unfortunately didn't find her), he should have been packed off on some other super-important mission elsewhere. A paid sabbatical in the Azores to research whether a particular species of indigenous marine life was being used as a drug mule in a remote coastal village in the Azores, or something.

No one obliged him to write a book or take part in a documentary, nor to become a media celebrity for financial benefit by insisting on his theory that Madeleine died in that apartment that night and that her parents staged a coverup. The implication of that is not only is there no point in searching for the missing child, but he was accusing her parents of at least one crime, and an insinuation as to another one.

And I have yet to read a single credible explanation by anyone as to how his theory could be plausible in practice. Even his most avid fans don't seem to have found a logical one without resorting to conspiracy theories.

If anything, I could understand his gripe at the fact that he wasn't given a face-saving opportunity by the PJ to get out before the proverbial had hit the fan about him. And the jury's out for me as to whether he actually left of his own volition. (It wasn't until recently that I learned about Cristovão's sanctions in the other missing child case and the fact that he got booted - but this only became public recently, i.e, without checking dates again, around 10 years later).

He could have written a very different book, for which he would probably have got sympathy over the difficulties of such an investigation, while at least leaving the conclusion open as to what may have happened to Madeleine. But he didn't do that, did he?

- What do you mean about a conspiracy against Amaral? I'm not aware of one.

Offline Carana

Re: Can Amaral sue for damages?
« Reply #44 on: October 29, 2016, 04:51:33 PM »
That's for the Portuguese police to determine but I would have thought that conspiracy to pervert the course of justice and criminal interference with material witnesses would be a good starting point.

Could you elucidate?