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

[Robittybob1]

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.

Whatever the AG said is a matter of opinion (the AG expressed an opinion).  What Tavares says in his report was also opinion.  The Portuguese case against the McCanns was mostly opinion, and that is why now 10 years later Pedro do Carmo admitted they don't have any evidence against the McCanns.  Opinions are not evidence, hunches are not evidence.

[Mr Gray]

Whatever the AG said is a matter of opinion (the AG expressed an opinion).  What Tavares says in his report was also opinion.  The Portuguese case against the McCanns was mostly opinion, and that is why now 10 years later Pedro do Carmo admitted they don't have any evidence against the McCanns.  Opinions are not evidence, hunches are not evidence.

From what I have read on the EcHR... Any accusations made need to be supported by evidence... Amarals claims are not

[Sunny]

Whatever the AG said is a matter of opinion (the AG expressed an opinion).  What Tavares says in his report was also opinion.  The Portuguese case against the McCanns was mostly opinion, and that is why now 10 years later Pedro do Carmo admitted they don't have any evidence against the McCanns.  Opinions are not evidence, hunches are not evidence.

You are right Robittybob1 but we are talking about senior judges used to difficult cases in law and senior policemen. Both would have more of an idea of the facts and the case law than any of us IMO.

[Robittybob1]

You are right Robittybob1 but we are talking about senior judges used to difficult cases in law and senior policemen. Both would have more of an idea of the facts and the case law than any of us IMO.

I agree, but when you look at the case against the McCanns it seems to be all opinion, opinions expressed in a way that with time they seem to become like fact.  The fact was the opinions were made public when the file was released, but they are still opinions even if they are translated into English or if they are repeated in Amaral's book or mentioned by the SC judges.

[Mr Gray]

You are right Robittybob1 but we are talking about senior judges used to difficult cases in law and senior policemen. Both would have more of an idea of the facts and the case law than any of us IMO.

senior judges who have lost two cases at the ECHR  in the last three or for months...misty has provided the cites and they are on the ECHR website........senior judges who get things wrong sometimes..Ive looked at cases on the ECHR website...ive posted them here...where the ECHR have ruled against frweedom of speech when it has not been based on sound evidence

[Robittybob1]

senior judges who have lost two cases at the ECHR  in the last three or for months...misty has provided the cites and they are on the ECHR website........senior judges who get things wrong sometimes..Ive looked at cases on the ECHR website...ive posted them here...where the ECHR have ruled against frweedom of speech when it has not been based on sound evidence

Let's hope the McCanns are also successful with their case to the ECHR.

[Mr Gray]

Let's hope the McCanns are also successful with their case to the ECHR.

judging by past cases they absolutely will be ...imo...its pointless saying teh SC were senior judges,...senior judges get things wrong

The Supreme Court dismissed Mr Fernandes Pedroso’s appeal on points of law

In today’s Chamber judgment1
in the case of Fernandes Pedroso v. Portugal (application
no. 59133/11) the European Court of Human Rights held, unanimously, that there had been:
a violation of Article 5 §§ 1, 4 and 5 (right to liberty and security of person / procedural safeguards
on review of the lawfulness of detention / right to compensation) of the European Convention on
Human Rights.

https://hudoc.echr.coe.int/eng-press#{%22itemid%22:[%22003-6112470-7888149%22]}


thats june this year

[jassi]

Let's hope the McCanns are also successful with their case to the ECHR.

Why ?  Will it improve the situation Madeleine finds herself in ?

[Mr Gray]

Why ?  Will it improve the situation Madeleine finds herself in ?

no but some of us believe in justice

[Robittybob1]

Why ?  Will it improve the situation Madeleine finds herself in ?

Yes because they ought to be striving for continual improvement.  The way cases of missing children are handled. from the beginning.

[Sunny]

Yes because they ought to be striving for continual improvement.  The way cases of missing children are handled. from the beginning.

The problem is Robittybob1 that the Metropolitan Police havent learned much as the Tia Sharp case was a shambles.

[jassi]

Yes because they ought to be striving for continual improvement.  The way cases of missing children are handled. from the beginning.

How will the ECHR result make any difference to that ? They are not making a judgement on how the case was conducted.

[Robittybob1]

How will the ECHR result make any difference to that ? They are not making a judgement on how the case was conducted.

But it will jolt the Portuguese into looking at themselves, if they lose.   Well I hope so, for the alternative is for them to turn around and complain that the ECHR is always picking on them, claiming there a conspiracy against a sovereign Portugal!

[Robittybob1]

The problem is Robittybob1 that the Metropolitan Police havent learned much as the Tia Sharp case was a shambles.

I'm not familiar with the case so I can't comment.

[Mr Gray]

The problem is Robittybob1 that the Metropolitan Police havent learned much as the Tia Sharp case was a shambles.

thatsounds like opinion...not fact...do you have a cite