Were the media wrong to settle defamation actions out of court?

[G-Unit]

Indeed you could, but if you have the people present then any disputes between witnesses can be more easily resolved.

Ot would have been fascinating watching JW wandering about wherever with his pushchair from 8.15 to whenever. Would he and Gerry McCann have ever met, I wonder?

Perhaps each person would have played their parts alone. So JW could have retraced his movements that evening and the PJ could have observed how long it took him to arrive at 5A?

Another useful exercise would have been timing exactly how long it took each person to do what they said they did.

[Sunny]

Ot would have been fascinating watching JW wandering about wherever with his pushchair from 8.15 to whenever. Would he and Gerry McCann have ever met, I wonder?

Perhaps each person would have played their parts alone. So JW could have retraced his movements that evening and the PJ could have observed how long it took him to arrive at 5A?

Another useful exercise would have been timing exactly how long it took each person to do what they said they did.

Which was the purpose of a reconstruction. It would not only jog the memories of the participants it would also have shown whether what was claimed to have happened actually did. Both of these in conjunction with narrowing any time of opportunity for an abductor. There fore I think that the McCanns friends failure to agree to a recon was a major blow in finding Madeleine (a so called massive stone left unturned) IMO

[Mr Gray]

Which was the purpose of a reconstruction. It would not only jog the memories of the participants it would also have shown whether what was claimed to have happened actually did. Both of these in conjunction with narrowing any time of opportunity for an abductor. There fore I think that the McCanns friends failure to agree to a recon was a major blow in finding Madeleine (a so called massive stone left unturned) IMO

And others... including me...disagree

[Sunny]

And others... including me...disagree

In what way do you disagree Davel.

[Mr Gray]

In what way do you disagree Davel.

I don't think it would have been any use whatsoever

[Brietta]

Sorry, I didn't understand why you launched an attack on Amaral. I simply pointed out that he won the libel action taken out against him by the McCanns. In my opinion the UK newspapers probably would have lost if they had chosen to go to court because they didn't stick to the facts like he did.

I'm quite happy to discuss opinions posted as opinions or facts with cites. I have no interest in arguing whether an opinion is or is not a fact.

Let's start here then shall we ... I think the post you have ignored meets your stated criteria as opinion is backed with cited fact.



There was a moment in time when Amaral was in charge of an investigation which in my opinion followed entirely the wrong tack.

That situation was rectified when he was sacked and replaced by a competent investigation led by Paulo Rebelo which followed and investigated the evidence which had been misunderstood and which was misinterpreted by the investigation despite having Portuguese experts on hand well capable of interpreting and explaining complex scientific data to them.

Rebelo did that.  He carried out due diligence and followed and analysed the evidence.

Snip
The comments came a day after a four-strong team of Portuguese police and forensic experts met with their British counterparts in Leicestershire to hold a “summit” on the case.

The Portuguese team spent Thursday afternoon with five experts from Birmingham’s Forensic Science Service (FSS) considering DNA results from tests the organisation has been conducting on behalf of the authorities in Portugal over the last four months.

The tests are said to have been carried out on microscopic blood samples, bodily fluids and hair found in the McCanns’ holiday apartment and the vehicle they hired 25 days after the four-year-old disappeared.

Sources close to the investigation said the results had proved “inconclusive” and were not alone strong enough to support a prosecution against Madeleine’s parents.

But following “crisis talks” over the future of the investigation at the regional headquarters of the Policia Judiciaria in Faro, detectives were finally granted permission to pursue their inquiries in Britain, according to a report on SIC, the Portuguese news broadcaster.
https://www.telegraph.co.uk/news/worldnews/1571058/Madeleine-McCanns-parents-may-face-more-questions.html

Goncalo Amaral coordinated an investigation which reached opinions and conclusions which were superseded and dismissed by properly conducted investigation which resulted in the McCanns and Murat being released from their arguido status with what should have been without a stain on their characters.
Patently that did not happen.

The misconceptions of the original investigation were leaked to the Portuguese press and were picked up and repeated by the British press as well as worldwide.
But that was not the whole story ... the reasons behind making the McCanns arguidos could not be sustained once the forensics came in and were understood and the owner of the English dogs actual statement was released and understood.

The press printed defamation and libel and paid the price as a result not least to their integrity.

Don't you think it is about time that you and others consign the failed first investigation with it's interim report to the dustbin of history where it belongs.
In my opinion it signifies little more than failure and a stumbling investigation which had lost its way leaving Rebelo to pick up the pieces until ... sadly for Madeleine ... he was in my opinion overtaken by the legal strictures of time which led to her case being archived.
http://miscarriageofjustice.co/index.php?topic=9827.msg476872#msg476872

[Brietta]

Which was the purpose of a reconstruction. It would not only jog the memories of the participants it would also have shown whether what was claimed to have happened actually did. Both of these in conjunction with narrowing any time of opportunity for an abductor. There fore I think that the McCanns friends failure to agree to a recon was a major blow in finding Madeleine (a so called massive stone left unturned) IMO

In my opinion I don't think any of us appreciate exactly what the role of the reconstitution actually is as far as the Portuguese police are concerned.
Crime watch it is not.

In my opinion several major blows to finding Madeleine had already been delivered long before the reconstitution was proposed ... the principal one being the promotion of the belief that Madeleine was dead.

[Mr Gray]

The truth is the McCanns failed to prove their case against Amaral as they were required to do.

Have you read the SC judgement...or the appeal after the SC judgement.. .that isn't what it says

[Angelo222]

In my opinion I don't think any of us appreciate exactly what the role of the reconstitution actually is as far as the Portuguese police are concerned.
Crime watch it is not.

In my opinion several major blows to finding Madeleine had already been delivered long before the reconstitution was proposed ... the principal one being the promotion of the belief that Madeleine was dead.

It was only to be expected that the investigation stopped following the abduction from the bedroom theory since forensics ruled out any intruder having entered via a window. Next stop was either woke and wandered or staging which required parental involvement.  Both these scenarios have deadly outcomes for the child so little wonder.

[Angelo222]

Have you read the SC judgement...or the appeal after the SC judgement.. .that isn't what it says

In Portugal it is the complainants who have to prove their case for libel.  They failed...end off!!

[Mr Gray]

In Portugal it is the complainants who have to prove their case for libel.  They failed...end off!!

So you haven't read any of the judgements that explain it...
And it's certainly not the way ECHR law works which Portugal is subject to

[G-Unit]

In my opinion I don't think any of us appreciate exactly what the role of the reconstitution actually is as far as the Portuguese police are concerned.
Crime watch it is not.

In my opinion several major blows to finding Madeleine had already been delivered long before the reconstitution was proposed ... the principal one being the promotion of the belief that Madeleine was dead.

Most European countries use the reconstitution because they have similar legal systems. The UK is the odd one out.

[Sunny]

So you haven't read any of the judgements that explain it...
And it's certainly not the way ECHR law works which Portugal is subject to

I believe you are going to be very disappointed Davel. When the ECHR finally makes a decision either way I don't believe it will be favourable towards the McCanns. Even if it was the SC was clear that they hadn't been shown to be innocent. Their reasoning was fact based and achieved by reading the final statement by the AG who also said the McCanns lost the chance to prove their innocence.

[Erngath]

I believe you are going to be very disappointed Davel. When the ECHR finally makes a decision either way I don't believe it will be favourable towards the McCanns. Even if it was the SC was clear that they hadn't been shown to be innocent. Their reasoning was fact based and achieved by reading the final statement by the AG who also said the McCanns lost the chance to prove their innocence.

Fortunately and hopefully their innocence will be decided by the current investigation.
No one and I repeat no one should be described as having " lost the chance to prove their innocence".
I find that a truly repellent concept.

[Mr Gray]

I believe you are going to be very disappointed Davel. When the ECHR finally makes a decision either way I don't believe it will be favourable towards the McCanns. Even if it was the SC was clear that they hadn't been shown to be innocent. Their reasoning was fact based and achieved by reading the final statement by the AG who also said the McCanns lost the chance to prove their innocence.

The very fact that the mccanns we're expected to prove their innocence is in breach of the ECHR... And a massive own goal for the SC... They are entitled to be presumed innocent... I've looked at quite a few rulings by the ECHR.... I doubt you are familiar with any