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Goncalo Has Lost the Libel trial

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Mighty convenient

Post by Miraflores on 29.04.15 4:56

... that this ruling has come just in time for the 8th anniversary. I had wondered what stunt was going to be pulled next.
I had half hoped that the McCanns would win, but be awarded such derisory damages that it was clear that the victory was in name only.

Another question - if Amaral's assets have been frozen, how will he pay? Does he just declare himself bankrupt?

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Re: Goncalo Has Lost the Libel trial

Post by Bishop Brennan on 29.04.15 5:11

@Miraflores wrote:
Another question - if Amaral's assets have been frozen, how will he pay? Does he just declare himself bankrupt?

If he agrees to pay the damages, then his assets will be released so that he can pay. The aim of freezing them was to prevent him giving away all his cash or spending it. In theory, there should be just enough in the frozen assets to pay the McCanns (he made about £300k from the book if memory serves). He may still go bankrupt of course as this is likely to clean him out and he will have racked up big costs over the past 5 years for the court case and his living expenses. And if he appeals, then that's still more money of course.

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Re: Goncalo Has Lost the Libel trial

Post by Joss on 29.04.15 5:41

I haven't read through all the pages on the thread yet, but are any media outlets in Portugal reporting this?

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Re: Goncalo Has Lost the Libel trial

Post by Joss on 29.04.15 6:12

I wouldn't think Goncalo Amaral would be paying the McC's anything until all appeals have been exhausted and the final judgement from appeals confirmed? The McC's IMO haven't won anything yet!
Typical MSM nonsense placing the cart before the horse, LOL.

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Re: Goncalo Has Lost the Libel trial

Post by hentie on 29.04.15 6:57

@sharonl wrote:How could a court place a second ban on a book when the original ban was overturned by a higher court?

Anyway, Goncalo Amaral may have left the court with his pockets empty but he also left with his head held high retaining his dignity and his credibility and the support  of millions of friends and well wishers worldwide.  He will recover from this, he may even continue and take this further.  If not, its over for him and he can move on.

As for his opponents, they are left with a small fortune that wont last long, a few dodgy friends in high places, lost credibility and always under suspicion. They have to go through the rest of their lives knowing that millions are sceptical of their claims that Madeleine was abducted.  Then they have the campaign for justice to deal with, not to mention the possibility of the truth coming out one day or even the twins, when they are old enough, starting their own campaign to find out what really happened.  This is never going to go away for the McCanns.

Goncalo Amaral has the important things in life, things that money cannot buy, the McCanns have lost all of that.

We now need to wait and see what Amaral is going to do, then lend him all the support that we possibly can.  IMO, he is always a winner.

Well said!

Goncalo Amaral is at the opposite end of the spectrum when it comes to decency, dignity and honesty.

We must support him in any way we can.

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Here we go.....again

Post by aquila on 29.04.15 6:58


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Re: Goncalo Has Lost the Libel trial

Post by BlueBag on 29.04.15 7:32

@aquila wrote:
Who is lying?

I bet they don't go into detail about his "lie".

This is what the media do in all their glory.

A complete 100% owned public control system. 

Orwell was right.

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Re: Goncalo Has Lost the Libel trial

Post by BlueBag on 29.04.15 7:46

@aquila wrote:
http://www.express.co.uk/news/uk/573552/Madeleine-McCanns-parents-win-357000-libel-payout-claims-book

Well I never...



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Sorry, we are unable to accept comments about this article at the moment. However, you will find some great articles which you can comment on right now in our Comment section.

Oh and no details about the "lie" except to the theory they hid the body of the child... just like it says in the PUBLIC PJ files.

Sickening.

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Why is SKY being so even-handed ?

Post by PeterMac on 29.04.15 7:57

http://news.sky.com/story/1473885/mccanns-had-asked-for-1m-compensation

McCanns Had Asked For £1m Compensation
The payout is still a welcome contribution to the dwindling fund set up to pay for the search for Madeleine, writes Martin Brunt.
17:38, UK,
Tuesday 28 April 2015
Madeleine McCann disappeared in Portugal in 2007

Martin Brunt
Crime Correspondent

The 500,000 euros libel damages awarded to Kate and Gerry McCann by a Lisbon judge is less than half the amount the couple were asking for.
It's roughly £357,000 and still a welcome contribution to the dwindling Madeleine Fund set up to pay for the continuing search for missing Madeleine, who vanished during a family holiday eight years ago this weekend.
The McCanns had asked for £1m compensation when the trial began two years ago and limped towards its conclusion with various interruptions and delays.
They said originally that any money awarded would be used for their search fund, though the award has already fired up some of the couple's online detractors who say they are 'millionaires' and do not deserve the court victory.
The McCanns had sued Mr Amaral over the contents of his book, The Truth Of The Lie, in which he insisted Madeleine had died accidently in their holiday apartment and accused her parents of 'covering up' her death
They argued that the book - published within days of the Portuguese police abandoning their search for Madeleine - had stopped people in Portugal searching for their missing daughter.
The couple's court action was also against the book's publishers and the producers of a TV documentary based on it.
Sales of the book and DVD have been halted by the judge.
In one of the most dramatic courtroom moments, Mrs McCann described being confronted by her young son Sean who had heard a news bulletin about the hearing on his school bus.
She said that Sean told her: "Mr Amaral says you hid Madeleine."
She told her son that he "says a lot of silly things".

Mr Amaral is likely to appeal the court's decision.

He has always argued that everything he put in the book had already been revealed publicly when the police files were published online as the investigation was brought to a close.

So saith the man who reported the 100% DNA match, and who reported that Kate was to be arrested within days, and who said . . .

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Re: Goncalo Has Lost the Libel trial

Post by BlueBag on 29.04.15 8:08

Mr Amaral is likely to appeal the court's decision.

He has always argued that everything he put in the book had already been revealed publicly when the police files were published online as the investigation was brought to a close.

Yes... it's all in the files so I don't see how he is responsible for any "hurt" and "hindering the search".

Good luck GA.

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Re: Goncalo Has Lost the Libel trial

Post by Tony Bennett on 29.04.15 8:37

Gonçalo Amaral will have to pay for damage caused by the publication of "Maddie - The Truth of the Lie"

Court considers compensation to the McCanns is "fair and adequate" 

http://www.cmjornal.xl.pt/nacional/portugal/detalhe/tribunal_considera_justa_e_adequada_a_compensacao_para_casal_mccann

The Civil Court of Lisbon considered "appropriate and proportionate" compensation of 500,000 euros, the former PJ inspector Gonçalo Amaral will have to pay the couple McCann, for damages caused by the publication of "Maddie - The Truth of the Lie".

The 1st Civil Chamber of the Central Instance of Lisbon decided to ban Gonçalo Amaral and the War and Peace publisher to sell that book, condemning them to the collection for delivery to the authors, within 60 days after the final judgment, of copies who still remain in bookstores, retail outlets, warehouses and stores, reads the sentence that agency Lusa had access.

By decision of the court, Gonçalo Amaral and the publisher shall also be prohibited to come up with new editions of the book, as well as Carvalho Movies Valentine is prevented from doing new editions of the DVD "Maddie - The Truth of the Lie".

Gonçalo Amaral, War and Peace Editors and Carvalho Movies Valentine are even forbidden to assign, reward or free of charge, in any form, copyright and editing of the book and DVD.

Should it be disrespected what the court now stipulated, each of the defendants is liable to pay a penalty payment of 50,000 euros for each violation of the prohibitions.

========

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Re: Goncalo Has Lost the Libel trial

Post by canada12 on 29.04.15 8:42

https://www.facebook.com/groups/HiDeHoCONTROVERSYofMadeleineMcCann/permalink/469071919915969/

UPDATE 2

It has been brought to our attention that British journalists ARE in possession of some documentation that contains a decision. As far as we can make out, this decision is 'real'.

HOWEVER

A few things worth noting:

In Portugal there is a judicial network/ system used for legal decisions like this. This system is called CITIUS.

Once documents go into this network, the documents are left with particular markings in the corner.

We are informed that The documents distributed by Mccanns' representatives do not contain these official Marks.
As it stands right now, we can only conclude that these were obtained through irregular methods.

Mr Amaral and his lawyers were not in receipt of any official documentation and they were unable to view any relevant papers on CITIUS as they did not exist on the network - this was as of last night and we have not been notified of any changes to this at the time of making this post.

No comments can be made by GA or his lawyers until they are in receipt of these official documents from the court and of course, no appeal can be launched.
All related press is one-sided and based on Documents obtained and distributed through McCann representatives via methods unknown, however, not through the normal/official channels ( CITIUS)

We will update you further as soon as we have information.

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Re: Goncalo Has Lost the Libel trial

Post by Joss on 29.04.15 8:46

I am just going to sit back and see what an Appeals Court will have to say about this whole fiasco. I always thought the Judge in this case had to uphold the previous determination of the Court that overturned the intial banning of the book of GA, and that was case law in Portugal from what i had read on blogs about that? Has that now changed in the law there?

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Re: Goncalo Has Lost the Libel trial

Post by SchrodingersBody on 29.04.15 8:52

If the verdict is based on the timing of writing, and the publication date, then Mr Joe Bloggs, or better still somebody using the pseudonym, Mr Amaral Goncalo should "write" a book that's identical, obviously now it's been years since the information has been publicly available it's fine to publish. They should give their profits to Mr Amaral in a humanitarian gesture. I'm sure he wouldn't sue over the copyright.

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Re: Goncalo Has Lost the Libel trial

Post by Joss on 29.04.15 8:53

@canada12 wrote:https://www.facebook.com/groups/HiDeHoCONTROVERSYofMadeleineMcCann/permalink/469071919915969/

UPDATE 2

It has been brought to our attention that British journalists ARE in possession of some documentation that contains a decision. As far as we can make out, this decision is 'real'.

HOWEVER

A few things worth noting:

In Portugal there is a judicial network/ system used for legal decisions like this. This system is called CITIUS.

Once documents go into this network, the documents are left with particular markings in the corner.

We are informed that The documents distributed by Mccanns' representatives do not contain these official Marks.
As it stands right now, we can only conclude that these were obtained through irregular methods.

Mr Amaral and his lawyers were not in receipt of any official documentation and they were unable to view any relevant papers on CITIUS as they did not exist on the network - this was as of last night and we have not been notified of any changes to this at the time of making this post.

No comments can be made by GA or his lawyers until they are in receipt of these official documents from the court and of course, no appeal can be launched.
All related press is one-sided and based on Documents obtained and distributed through McCann representatives via methods unknown, however, not through the normal/official channels ( CITIUS)

We will update you further as soon as we have information.
Sounds rather dodgy to me, but typical of the TM machinations.

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Re: Goncalo Has Lost the Libel trial

Post by BlueBag on 29.04.15 9:03

I noticed the McCann spokeman raised his pink head yesterday.

Coincidence I'm sure.

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Re: Goncalo Has Lost the Libel trial

Post by snook on 29.04.15 9:09

Could Tony tell us,how in his legal opinion this judge can pronounce on distribution of the book and video when a ruling had already been made some years back?

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Re: Goncalo Has Lost the Libel trial

Post by Angelique on 29.04.15 9:11

What can we say - to be fined for printing in Book form what is in the PJ Files. I think it was mentioned during the Court case that "it was easier to read" - is this what "the Judge" made her decision on. Can it be anything else?

I am absolutely saddened by this result and for Goncalo Amaral - he must surely be feeling dismayed after all he has gone through.

I do hope he Appeals if his legal team think it will succeed.

Utterly devasting for him and his family.

This protective coat must be made of steel.

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Re: Goncalo Has Lost the Libel trial

Post by aiyoyo on 29.04.15 9:13

@Montclair wrote:It appears that none of the lawyers, including Isabel Duarte, have received the official verdict through the Citius site. Of course, there will be appeals, so it is early to say who has won or who has lost the case.


Quite.  It's not over till the Fat Lady sings.

But  their abhorrence spin behavior has resumed. And Pinky has come out of his hole to exercise his mouth muscles on this matter again.
They are all busying themselves regurgitating the lies - that Madeleine is alive and hope she can be found soon (despite OG's search using dogs); that they are white as pure snow; and that Amaral claims were all lies about them, that the book hampers the search.  The whole lot of craps are being recycled by the sycophantic press.  

From report, it would appear ID has got the verdict and has informed her clients.
  It makes you wonder if she used the back door method - ie used connections to obtain insider information ahead of the official release...to lawyers.

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Re: Goncalo Has Lost the Libel trial

Post by Angelique on 29.04.15 9:23

@Joss wrote:I am just going to sit back and see what an Appeals Court will have to say about this whole fiasco. I always thought the Judge in this case had to uphold the previous determination of the Court that overturned the intial banning of the book of GA, and that was case law in Portugal from what i had read on blogs about that? Has that now changed in the law there?

I would hope you are correct. The problem may be that, Libel and Damages are two different things. It could be that because in the Police Investigation no action was taken to proceed against the McCanns, it's only the process. So in repeating that process then maybe the Judge feels has caused them damage.

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Re: Goncalo Has Lost the Libel trial

Post by PeterMac on 29.04.15 9:28

Just a thought . . .

Is it Libellous to say that Gerry and Kate tell the truth ?
We know that on their own admission they don't, (front door / patio door, curtains wide open / tight closed)
so the defence of "truth" would not be available.

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Re: Goncalo Has Lost the Libel trial

Post by aiyoyo on 29.04.15 9:28

@sonic72 wrote:Perhaps it's just spin to mislead the public before the real verdict comes out, which they will lose, and that loss wont be reported in the MSM.

There can be no other explanation, the judge would not tell one side only.


Oh, its spin alright -- to slag off Dr Amaral.
The verdict is probably not spin, else they will look stupid in the extreme.

The judge's summary is yet to be released.  
Doubtless it will be full of points that support the verdict, so it's a given there will be more "proven" points for the winner side.  It would be interesting to see what the "proven" facts are on the Judge Summary List for the Mcs. side.  

THis must be unrivalled and unprecedented in the Portuguese history in almost all aspects.  The disregard of two high courts ruling unbanning the book, a high compensation award that breaks historical records of civil cases (and maybe even criminal cases).  The Mcs application to speak rejected by the Judge then overturned by higher level on appeal. The protracted time it took to try the case...etc....
so many unprecedented instances......as is everything to do with the Mcs.

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Re: Goncalo Has Lost the Libel trial

Post by Doug D on 29.04.15 9:29

Even Joana has broken her self-imposed silence:
            






            
            

‪Pat Brown
 I was hoping, in spite of all the evidence to date, to be surprised by the
verdict. Feeling very sad for ‪Gonçalo.
10 hrs · Like · 6




 



            
           

 

‪Joana Morais
So am I, but not only for him, when the Lisbon Appeals court overturned the anti-constitutional ruling of the first instance court of 2009 that banned both the book and the documentary, explaining Gonçalo Amaral as a former PJ co-ordinator and as a Portuguese citizen had the right to express his opinions, which happened to reflect and be based on the criminal process released by the Portuguese Public Ministry, I had hoped that the meaning of Liberdade de Expressão, in a country where 41 years ago dictatorship existed in this form, banning books and opinions alike, would mean for the Lady Judge more than a farcical, greedy complain of a couple that has done nothing but attempt to destroy the life of the very man that tried to find the truth about their daughter's disappearance. He might be an anti hero, people might not like him because he's a cop, or because they have prejudices, but one thing is certain, Amaral has more value than all those who have kneeled or turned a blind eye to Old Albion pressures and allowed this man to be the proverbial sacrificial lamb. A sad day for all of us who cherish Freedom of Expression and the long-fought Portuguese Constitution & Sovereignty. This is not Justice, it's cowardice, it's political and shameful.
9 hrs · Edited · Like · 8

https://www.facebook.com/JoanaAndreaMorais/posts/10153005041174682?pnref=story

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Re: Goncalo Has Lost the Libel trial

Post by Joss on 29.04.15 9:33

@Angelique wrote:
@Joss wrote:I am just going to sit back and see what an Appeals Court will have to say about this whole fiasco. I always thought the Judge in this case had to uphold the previous determination of the Court that overturned the intial banning of the book of GA, and that was case law in Portugal from what i had read on blogs about that? Has that now changed in the law there?

I would hope you are correct. The problem may be that, Libel and Damages are two different things. It could be that because in the Police Investigation no action was taken to proceed against the McCanns, it's only the process. So in repeating that process then maybe the Judge feels has caused them damage.
I would of thought the Libel & Damages were intertwined? In other words if it wasn't for the so called Libel there would be no damages, and i thought a libel case would hinge on any damages caused to the person suing for libel/damages to be determined as such, but i am not a lawyer so don't really know.

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Re: Goncalo Has Lost the Libel trial

Post by Joss on 29.04.15 9:37

Will the findings of the Judge in her determination in the case be available to the public, and when? Does anyone know?

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