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The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by NickE on 22.01.15 5:52

Court says it was not the book of Gonçalo Amaral that "destroyed" Maddie's parents

PEDRO DAYS SALES 
21/01/2015 - 17:04
 
(Updated to 22:08)


McCanns filed a civil action against former inspector for defamation and damages caused by the publication of the book. Require compensation of EUR 1.2 million.
Maddie's parents came to be made ​​defendants in the investigation of the disappearance of the girl FRANCISCO LEONG / AFP










The Civil Court of Lisbon held on Wednesday it was not the book of Gonçalo Amaral Maddie: The Truth of the Lie that "destroyed" the parents of the missing British girl to May 3, 2007, in the Algarve.
"It was proof that Kate and Gerry McCann are destroyed points of moral, social and ethical. The family point of view the evidence revealed a successful effort of cohesion and mutual support, "said the judge who stresses until" the sentimental / emotional point of view is not credible that the consequences of the facts of these proceedings will to the point of destruction or far beyond the pain caused by the disappearance of their daughter. "
The state "negative emotional" parent is "pre-existing to the book," reads the court order to which the PUBLIC had access and that indicates the answer to the questions, the facts found and not tested before sentencing, in civil proceedings of the couple against former PJ inspector. The couple requires compensation of EUR 1.2 million for defamation and damages caused by the publication of the book.
Judge gives as unproven damage social nature that the McCanns claim to have suffered also with the marketing and selling of a documentary on DVD and an interview of the former coordinator of the PJ in Portimão. In the book, Amaral defends the alleged involvement of Kate and Gerry MCann in the disappearance and the child's corpse concealment.
"Against this order of the court which is not given as proven causal relationship between the book and alleged losses for the couple do not expect anything but the acquittal of Gonçalo Amaral," said the lawyer PUBLIC former inspector, Miguel Cruz Rodrigues. PUBLIC tried unsuccessfully to contact the couple's lawyer, Isabel Duarte. Gonçalo Amaral declined to comment.
The court did not leave, however, to establish that "as a result of Gonçalo Amaral defendant's statements in the book, the documentary and interview," Maddie's parents "felt anger, despair, anguish and concern, having suffered insomnia and lack appetite ". This at the same time it was given as evidence that the facts that the former inspector mentions in the book "are mostly taken place and documented" in the criminal investigation.
The court order also mentions the various witnesses interviewed by the court, some given by the parents of Maddie McCann and stress damage they believe the couple suffered. "A lot of people turned back to them" after the publication of the book, said Susan Hubbard Lorrain, married to an Anglican priest and friend of the McCanns. Also Alan Robert Pike, who provided services in the field of psychology to English couple, "said the publication of the book and the findings of the left distressed couple and one of the most devastating effects was, for them, believe that the book would influence public opinion, making people would stop looking for Madeleine. "
However, the court gives as not proven that because of the book, the interview and documentary PJ stopped collecting information and investigate the disappearance. The court also heard PJ inspectors. Ricardo Paiva, inspector who participated in the inquiry into the disappearance of British girl, stressed that "the child's death was a hypothesis in research." Also the director of the National Counter-Terrorism Unit, Luis Neves said that "the first time it was hypothesized death was by parents by suggesting the arrival of a South African expert equipped with a machine to search for buried bodies."   
The court also states that for "most people" who read the book shaped thesis there is nothing to assign "responsibility" to McCann for the death of her daughter, "but before that they had" responsibilities for the concealment of his corpse. "
Maddie's parents came to be made defendants in the investigation of the disappearance of the English girl who was dismissed in 2008 for lack of evidence that there has been a crime. The investigation was reopened in October 2013 following a proposal from the PJ and face new evidentiary elements that justify further research.
Updated news to 22h08. Article replaced the Lusa Agency titled "Court gives as proven damage caused by Gonçalo Amaral Kate and Gerry mccan" by PUBLIC News


http://www.publico.pt/sociedade/noticia/livro-de-inspector-da-judiciaria-prejudicou-casal-mccann-1682917

____________________
When asked if people will ever learn what really happened, Mr Amaral responded: “Yes, we will, when MI5 opens the case files, we will find out".

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Malpractice!

Post by Guest on 22.01.15 8:02

shit happens

Some would respectfully suggest a civil malpractice suit would now be called for, against a certain renowned Portuguese attorney of the female persuasion, wouldn't it?

ooops

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Libel Trial

Post by G-Unit on 22.01.15 8:42

Express hail McCann victory. Interestingly no comments allowed, I wonder why?


Sorry, we are unable to accept comments about this article at the moment.





http://www.express.co.uk/news/uk/553447/Kate-Gerry-McCann-key-court-victory-libel-battle-Goncalo-Amaral

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by Searcher on 22.01.15 9:00

If the negative emotional state is pre-existing, then how can a newspaper hail a victory?  This is far from clear.

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by Tony Bennett on 22.01.15 9:07

@G-Unit wrote:Express hail McCann victory. Interestingly no comments allowed, I wonder why?

++++++

Sorry, we are unable to accept comments about this article at the moment.

http://www.express.co.uk/news/uk/553447/Kate-Gerry-McCann-key-court-victory-libel-battle-Goncalo-Amaral
Two positive pro-McCann remarks by the judge trumpeted by the Daily Express.

Two dozen negative, pro-Amaral ones completely ignored.

That's the state of Britain's mainstream media in 2015:

+++++++++++++++++++++++++++
  
Kate and Gerry McCann win court victory in £1million libel battle against ex-police chief

MADELEINE McCann’s parents won a key victory in their £1million libel battle against an ex-police chief yesterday.
Published: 00:01, Thu, January 22, 2015


GETTY
Kate and Gerry McCann made headway in their libel case against Goncalo Amaral


A Portuguese judge ruled that the couple were “emotionally hurt” by the former detective’s book about the three-year-old’s disappearance from Praia da Luz in the Algarve in May 2007.

She also said Goncalo Amaral appeared to breach secrecy rules by including confidential official files in the book.

Kate and Gerry McCann are hoping for a final judgment in the case next month.

____________________

                            "Maddie's Jammies. Where is Maddie?" - Amelie, May 2007 -  "Maddie's Jammies. Where is Maddie?"


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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by plebgate on 22.01.15 9:21

Haven't got time to look again, but was this in Ann G's reporting yesterday.

I thought there were no other journalists present, but may be wrong.

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by Tony Bennett on 22.01.15 9:24

@Searcher wrote:If the negative emotional state is pre-existing, then how can a newspaper hail a victory?  This is far from clear.
What it seems to mean is that the judge is pronouncing that Gerry and Kate were emotionally distressed by losing Madeleine...

...but that Dr Amaral's book made this emotional distress even worse...

I wonder if these pictures were produced in evidence...?








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                            "Maddie's Jammies. Where is Maddie?" - Amelie, May 2007 -  "Maddie's Jammies. Where is Maddie?"


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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by woodforthetrees on 22.01.15 9:25

Very interesting read.

From what i can decipher from those points and comments....

The McCanns will unfortunately win, but will get nowhere near the £1.2m they are claiming, for the following reasons:

- Amaral is within his right to write his theory and publish it
- The above is exactly that...a theory, an unproved/concluded case, therefore until proven, the impact of what's written can not be quantified accurately
- The twins will get £ zero. Reason for this being, the McCanns have admitted that the twins are not aware of Amarals theory, therefore have not suffered the 'additional upset'
- The judge has already stated that they are already 'destroyed' from losing their daughter, therefore this only adds to it a bit.

IMO it will be a win win for both parties....The McCanns will get a payout of say £150k, kids get nothing, Amaral has his assets freed and is then free to continue selling his book/theory worldwide, with the following clauses:

- certain text will have to be removed/edited and a '2nd edition' only be available for distribution.
- Upon conclusion of the case (if it ever happens), if the outcome is different to that theorized in the book, it is withdrawn from sale.

Keeps everybody happy. Lawyers get paid, McCans get a nice little bung, Amaral gets his assets release and the world continues to debate on the demise of poor Madeleine.

All IMO of course.

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by NickE on 22.01.15 9:29

Corrieo Da Manha:
'"Couple destroyed before book" - Judge says no proved damage to parents following book about Maddie.' http://t.co/eT1crzWJiX

____________________
When asked if people will ever learn what really happened, Mr Amaral responded: “Yes, we will, when MI5 opens the case files, we will find out".

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by Tony Bennett on 22.01.15 9:33

@woodforthetrees wrote:Very interesting read.

From what i can decipher from those points and comments....

The McCanns will unfortunately win, but will get nowhere near the £1.2m they are claiming, for the following reasons:

- Amaral is within his right to write his theory and publish it
- The above is exactly that...a theory, an unproved/concluded case, therefore until proven, the impact of what's written can not be quantified accurately
- The twins will get £ zero. Reason for this being, the McCanns have admitted that the twins are not aware of Amarals theory
- The judge has already stated that they are already 'destroyed' from losing their daughter, therefore this only adds to it a bit.

IMO it will be a win win for both parties...The McCanns will get a payout of say £150k, kids get nothing, Amaral is then free to continue selling his book/theory worldwide, with the following clauses:

- certain text will have to be removed/edited and a '2nd edition' only be available for distribution.
- Upon conclusion of the case (if it ever happens), if the outcome is different to that theorised in the book, it is withdrawn from sale.

Keeps everybody happy. Lawyers get paid, McCans get a nice little bung, Amaral gets his assets released and the world continues to debate on the demise of poor Madeleine.

All IMO of course.
I suspect that your assessment might not be too wide of the mark - though if the McCanns get anything, I predict it will be less than £150,000.

In which case - coupled with the absolutely unforgivable delay by the Portuguese judicial system in reaching a verdict on Amarals' book - it will rank as a travesty of truly historic proportions

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                            "Maddie's Jammies. Where is Maddie?" - Amelie, May 2007 -  "Maddie's Jammies. Where is Maddie?"


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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by woodforthetrees on 22.01.15 9:40

@Tony Bennett wrote:
@woodforthetrees wrote:Very interesting read.

From what i can decipher from those points and comments....

The McCanns will unfortunately win, but will get nowhere near the £1.2m they are claiming, for the following reasons:

- Amaral is within his right to write his theory and publish it
- The above is exactly that...a theory, an unproved/concluded case, therefore until proven, the impact of what's written can not be quantified accurately
- The twins will get £ zero. Reason for this being, the McCanns have admitted that the twins are not aware of Amarals theory
- The judge has already stated that they are already 'destroyed' from losing their daughter, therefore this only adds to it a bit.

IMO it will be a win win for both parties...The McCanns will get a payout of say £150k, kids get nothing, Amaral is then free to continue selling his book/theory worldwide, with the following clauses:

- certain text will have to be removed/edited and a '2nd edition' only be available for distribution.
- Upon conclusion of the case (if it ever happens), if the outcome is different to that theorised in the book, it is withdrawn from sale.

Keeps everybody happy. Lawyers get paid, McCans get a nice little bung, Amaral gets his assets released and the world continues to debate on the demise of poor Madeleine.

All IMO of course.
I suspect that your assessment might not be too wide of the mark - though if the McCanns get anything, I predict it will be less than £150,000.

In which case - coupled with the absolutely unforgivable delay by the Portuguese judicial system in reaching a verdict on Amarals' book - it will rank as a travesty of truly historic proportions

I agree Tony, a travesty, but as you well know with these types of cases, often the 'wider picture' is considered in the background therefore compromise is often used to moderately please all parties whilst there are still many unknowns.

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by aiyoyo on 22.01.15 9:59

The judge states that it is not possible to determine what most people who have read or seen Mr Amaral's thesis actually think.

If it 's not possible to determine what readers actually think of Dr. Amaral's thesis then the Mcs damages claims are nothing more than their perception mirrors on their pre-existing conditions. A condition that surely must be a given when they lost their daughter and when they were arguidos. That's why they were asked for the comparison of three situations on their intensity of grief/devastation.

They can't realistically expect the Court (or the world) to believe that the pain (allegedly) caused by the book was far greater than the pain of losing Maddie. It's utterly ludicrous to expect people to believe it! Otherwise what does that suggest - that they believed a book is more important than Madeleine ?



She adds that the plaintiffs failed to prove shame, even with Kate stating it was not shame that she felt.
The judge once more believes it is expectable that the plaintiffs would feel badly about being considered to be responsible for hiding the body and staging an abduction - not, the judge stresses, about being responsible for their daughter's death, as is commonly, and mistakenly, believed.

Pretty much mirrors Dr. Amaral/investigator's thesis.

That's pretty much a "summed-it-all-up" statement, the BE ALL and END ALL argument that the McCanns' train has come off the rail.




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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by Joss on 22.01.15 10:35

Why would the McCann's get any monetary compensation at all? They have not proven their case against Goncalo Amaral. And i certainly don't think the Judge will rule against the initial ruling about the book seeing the verdict has been upheld by the Supreme Court of Portugal, why would she? Even if she wanted to, i don't think it is possible. There is no case from what i read. The McC's could just as well say all the so called internet trolls have caused them distress as well. Are they going to sue all of them as well, seeing as the info is in the public domain? And what about some of the other docos that are out in cyberspace that go against the McC's version of what happened to Madeleine, is that causing them problems too?

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by woodforthetrees on 22.01.15 10:47

@Joss wrote:Why would the McCann's get any monetary compensation at all? They have not proven their case against Goncalo Amaral. And i certainly don't think the Judge will rule against the initial ruling about the book seeing the verdict has been upheld by the Supreme Court of Portugal, why would she? Even if she wanted to, i don't think it is possible. There is no case from what i read. The McC's could just as well say all the so called internet trolls have caused them distress as well. Are they going to sue all of them as well, seeing as the info is in the public domain? And what about some of the other docos that are out in cyberspace that go against the McC's version of what happened to Madeleine, is that causing them problems too?
They don't have to prove their case against Amaral, the shelving of the PJ case and the various closed/on-going investigations since the shelving are enough for that. Additional distress and defamation is easy to prove based on number of 'views' of the book/DVD and the increase in anti-McCann comments seen since the publishing. However, the exactly amount of additional distress (i.e the value of the compensation) is almost impossible to quantify. If they get a tiny payout, they will appeal, if it's big they'll smile and walk away.

I agree, the book will not be banned, even if they do win a payout, as the theory is neither proven or dis-proven (i.e there are on-going investigations)

re the bit in bold... they cannot do this as they have publicly stated that they actively avoid going on twitter and facebook to avoid the trolls. As such, it would get thrown out of court at the first hurdle.

Also, internet trolls don't profit from hate messages, therefore there is no incentive for the McCanns to go after them. 

re other stuff on the internet e.g Richard Halls documentary.... he has stated it's free, therefore no prospect of compo from him to the McCanns, so it would be a 100% cost to them to get this removed. I think they are nearly out of money now so until they get the next payout, these will be lower down the list of priorities.

With the Amaral case, they are basically stating that he has  has defamed their character based on unproven information, which is at this point in time, true. Not only that, but there is proof he has profited from doing so which means he also has the means to compensate them for this defamation.

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by aquila on 22.01.15 11:08

I'm finding it difficult to form any sort of opinion due to the missing elements yet to be posted.

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by NickE on 22.01.15 11:13

Amaral supporters optimistic following judge’s rulings in McCanns’ libel case Kate and Gerry McCann seemed to suffer a setback on Wednesday in suing former detective Gonçalo Amaral over his controversial book about the disappearance of their daughter Madeleine. In Lisbon’s Palace of Justice, Judge Maria Emília Melo e Castro handed lawyers in the civil action a written statement evaluating as proven or not a list of 37 points on which she intends to base her verdict. Neither the McCanns nor Amaral were present. Amaral supporters said afterwards that the statement made them feel cautiously optimistic. The McCanns are seeking €1.2 million in damages for the severe distress they say has been caused to them by the book, A Verdade da Mentira (‘The Truth of the Lie’) and a subsequent documentary. The judge ruled that while statements in the book had psychologically affected the McCanns, the great anguish suffered by the couple over their missing daughter preceded the book’s publication rather than being a consequence of it. She pointed out that the book was very largely based on facts in police files. Nowhere did Amaral claim that the McCanns had killed their daughter, only the theory that they had hidden Madeleine’s body and fabricated a story about abduction, said the judge. In personal statements to the court last July, both Kate and Gerry McCann spoke not only of the great harm they believed had been caused to their family by allegations in the book, but that the allegations had hampered the search for Madeleine. The judge said it had not been proved that the Polícia Judiciária stopped collecting information and investigating the disappearance because of the book’s contents. Amaral insisted last year that the lawfulness of his book was “indisputable” because of a decision of the Appellate Court in Lisbon that overturned an earlier ruling banning it. The McCanns now have time to seek and present authorisation from the British High Court to formally represent their daughter in this case. Madeleine was made a ward of court at the instigation of her parents in April 2008. This could have a bearing on the amount of any compensation eventually awarded. This long-running case in Lisbon has been suspended several times over the past five years, including in January 2013 when the court allowed the two sides to try to reach a private settlement. No agreement was reached. No date has been set for a verdict but it is thought to be more than two months away. Even when it comes, the verdict will probably not be the end of the matter. An appeal is likely. Also, Amaral has let it be known that he is considering instigating a counter defamation lawsuit against the McCanns to seek compensation for the enormous damages on different levels he claims they have caused him. - See more at: http://portugalresident.com/amaral-supporters-optimistic-following-judge%E2%80%99s-rulings-in-mccanns%E2%80%99-libel-case#sthash.gDTfzUuh.dpuf

____________________
When asked if people will ever learn what really happened, Mr Amaral responded: “Yes, we will, when MI5 opens the case files, we will find out".

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by aiyoyo on 22.01.15 11:16

@woodforthetrees wrote:
They don't have to prove their case against Amaral, ........

Are you sure ?  What was their purpose then when they sent their witnesses to take the stand ? And when Gerry & Kate bulldozed their way to take the stand - what was that for - if not an attempt to prove their case......?

With the Amaral case, they are basically stating that he has  has defamed their character based on unproven information, which is at this point in time, true.   You do realise it is NOT a libel case dont you?  

Not only that, but there is proof he has profited from doing so which means he also has the means to compensate them for this defamation.

Why did they not sue the Portuguese State for defamation then for releasing the files?

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by Joss on 22.01.15 11:21

@aquila wrote:I'm finding it difficult to form any sort of opinion due to the missing elements yet to be posted.
Thats fair enough. I guess it remains to be seen as to what other info. will be available if at all.

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by Joss on 22.01.15 11:25

@woodforthetrees wrote:
@Joss wrote:Why would the McCann's get any monetary compensation at all? They have not proven their case against Goncalo Amaral. And i certainly don't think the Judge will rule against the initial ruling about the book seeing the verdict has been upheld by the Supreme Court of Portugal, why would she? Even if she wanted to, i don't think it is possible. There is no case from what i read. The McC's could just as well say all the so called internet trolls have caused them distress as well. Are they going to sue all of them as well, seeing as the info is in the public domain? And what about some of the other docos that are out in cyberspace that go against the McC's version of what happened to Madeleine, is that causing them problems too?
They don't have to prove their case against Amaral, the shelving of the PJ case and the various closed/on-going investigations since the shelving are enough for that. Additional distress and defamation is easy to prove based on number of 'views' of the book/DVD and the increase in anti-McCann comments seen since the publishing. However, the exactly amount of additional distress (i.e the value of the compensation) is almost impossible to quantify. If they get a tiny payout, they will appeal, if it's big they'll smile and walk away.

I agree, the book will not be banned, even if they do win a payout, as the theory is neither proven or dis-proven (i.e there are on-going investigations)

re the bit in bold... they cannot do this as they have publicly stated that they actively avoid going on twitter and facebook to avoid the trolls. As such, it would get thrown out of court at the first hurdle.

Also, internet trolls don't profit from hate messages, therefore there is no incentive for the McCanns to go after them. 

re other stuff on the internet e.g Richard Halls documentary.... he has stated it's free, therefore no prospect of compo from him to the McCanns, so it would be a 100% cost to them to get this removed. I think they are nearly out of money now so until they get the next payout, these will be lower down the list of priorities.

With the Amaral case, they are basically stating that he has  has defamed their character based on unproven information, which is at this point in time, true. Not only that, but there is proof he has profited from doing so which means he also has the means to compensate them for this defamation.
Yes they do have a case to prove against GA, of any damages he has caused them.

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by woodforthetrees on 22.01.15 14:27

@aiyoyo wrote:
@woodforthetrees wrote:
They don't have to prove their case against Amaral, ........

Are you sure ?  What was their purpose then when they sent their witnesses to take the stand ? And when Gerry & Kate bulldozed their way to take the stand - what was that for -  if not an attempt to prove their case......?
Yes, sure. I have no idea whey went off on one to try and discredit the dogs etc but that's most probably why the judge told Gerry to shut up...i.e that is not what this case is about. OG and PJ are arguing who/what/why. This case is all about whether Amarals 'theory' defamed them or not

With the Amaral case, they are basically stating that he has  has defamed their character based on unproven information, which is at this point in time, true.   You do realise it is NOT a libel case dont you? 
Yes... http://en.wikipedia.org/wiki/Defamation

Not only that, but there is proof he has profited from doing so which means he also has the means to compensate them for this defamation.

Why did they not sue the Portuguese State for defamation then for releasing the files?
Because the Portuguese state released the PII files due to being pressured to do so. Please note, these are NOT the full case files, just the PII ones. More importantly, , the Portuguese state haven't been SELLING/profiteering from their findings, therefore the McCanns don't have a guaranteed pot of gold to go for

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by woodforthetrees on 22.01.15 14:29

@Joss wrote:
@woodforthetrees wrote:
@Joss wrote:Why would the McCann's get any monetary compensation at all? They have not proven their case against Goncalo Amaral. And i certainly don't think the Judge will rule against the initial ruling about the book seeing the verdict has been upheld by the Supreme Court of Portugal, why would she? Even if she wanted to, i don't think it is possible. There is no case from what i read. The McC's could just as well say all the so called internet trolls have caused them distress as well. Are they going to sue all of them as well, seeing as the info is in the public domain? And what about some of the other docos that are out in cyberspace that go against the McC's version of what happened to Madeleine, is that causing them problems too?
They don't have to prove their case against Amaral, the shelving of the PJ case and the various closed/on-going investigations since the shelving are enough for that. Additional distress and defamation is easy to prove based on number of 'views' of the book/DVD and the increase in anti-McCann comments seen since the publishing. However, the exactly amount of additional distress (i.e the value of the compensation) is almost impossible to quantify. If they get a tiny payout, they will appeal, if it's big they'll smile and walk away.

I agree, the book will not be banned, even if they do win a payout, as the theory is neither proven or dis-proven (i.e there are on-going investigations)

re the bit in bold... they cannot do this as they have publicly stated that they actively avoid going on twitter and facebook to avoid the trolls. As such, it would get thrown out of court at the first hurdle.

Also, internet trolls don't profit from hate messages, therefore there is no incentive for the McCanns to go after them. 

re other stuff on the internet e.g Richard Halls documentary.... he has stated it's free, therefore no prospect of compo from him to the McCanns, so it would be a 100% cost to them to get this removed. I think they are nearly out of money now so until they get the next payout, these will be lower down the list of priorities.

With the Amaral case, they are basically stating that he has  has defamed their character based on unproven information, which is at this point in time, true. Not only that, but there is proof he has profited from doing so which means he also has the means to compensate them for this defamation.
Yes they do have a case to prove against GA, of any damages he has caused them.

Perhaps i wasn't clear on that point, i mean 'prove their case v's that of Amarals', i.e their guilt, as this is being investigated/supported/proved with on-going investigations (of which the McCanns are deemed wholly innocent by SY)

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by jeanmonroe on 22.01.15 15:24

Me, being pedantic,.......... probably,

How can one claim, and claim 'damages' for, to 'be suffering' from an INDEFINABLE 'fear' when that 'fear' has not been 'defined' or, indeed, 'proven', beyond doubt,  to even 'exist'?

"Mr and Mrs McCann, what exactly is this indefinable fear, you claim you are suffering from, in your libel case claim?"

" Er, um, we don't know exactly what it is, that's why it's indefinable, M'Lady, but our lawyers said put it in the list of symptoms, we are suffering, so we must be, and are, suffering from it, M'Lady, innit?"

"On this point, i find, that your particular claim, of indefinable fear, not PROVEN"

"But, BUT, the dogs never found anything, M'lady!"

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by Joss on 22.01.15 15:54

@jeanmonroe wrote:Me, being pedantic,.......... probably,

How can one claim, and claim 'damages' for, to 'be suffering' from an INDEFINABLE 'fear' when that 'fear' has not been 'defined' or, indeed, 'proven', beyond doubt,  to even 'exist'?
Exactly, if you can't define the fear then you can't define what the source of that fear is either i would think?

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by NickE on 22.01.15 16:34

"Double post"

____________________
When asked if people will ever learn what really happened, Mr Amaral responded: “Yes, we will, when MI5 opens the case files, we will find out".

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by Daryl Dixon on 22.01.15 17:00

Following yesterdays summing up, there is no doubt in my mind that Snr Amaral will have to pay compensation to the McCanns. The only thing that remains to be seen is the amount of compensation due.

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