Re: Goncalo Has Lost the Libel trial

by aiyoyo 29.04.15 9:47

Miraflores wrote:... 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?

Far as I know, no settlement needs to be made until Appeal is exhausted.
This might just turn around on appeal. Happens before.

The claim of abuse of privileged information nonsense must have been team Mcs last minute attempt that got this turned around, thus the delay in the verdict.
Weren't there earlier reports that they were going to sue him over this, but they didn't action it. Perhaps this tactic was used at the 11th hour, else what's the explanation for the Judge to include this in her deliberations... nothing on this was mentioned during the trial proceedings....

by **Tony Bennett** 29.04.15 9:52

snook wrote: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?

No, I simply cannot.

Here, once again, are the final paragraphs of the verdict in the Portuguese Court of Appeal, 20 October 2010:

QUOTE

N. The Court’s conclusions

We thus arrive at this conclusion. It seems important to stress the following:

The indicative facts that led to the McCanns being made formal suspects [arguidos] in the initial investigation were not deemed by the Ministry of Justice to be sufficient to lead to anyone being charged with any criminal offence. But those very same facts, seen through another prism and from another foundation, may well lead to a different conclusion from that reached by the Justice Ministry. The evidence that was deemed to be insufficient for a criminal prosecution can be understood in a different way, for example in an interpretation that can quite legitimately be published as a work of literature, so long as the said interpretation does not offend the fundamental rights of anyone involved. And as we have stated above, we have explained why the interpretation in Dr Amaral’s book does not offend the McCanns’ rights.

To sum up: The main purpose of the book at issue in these proceedings - ‘Maddie: The Truth About A Lie’ - which was written by the defendant, Dr Goncalo Amaral – is to defend his personal and professional integrity, as the author himself points out straightaway in his preface, and throughout the text.

The contents of the book do not violate any of the McCanns’ [the applicants’] fundamental rights.

The actions of its being written and published are justified under the constitutional rights which belong to all of us by virtue of the European Convention on Human Rights and by Articles 37 and 38 of the Portuguese Republic’s Constitution.

O. The Court’s judgment

Since that is the view we have taken on the matter, it follows that the decision made by the court [in September 2009 and confirmed by the court in February 2010 must be revoked.

The appeal by the defendant Goncalo Amaral in these proceedings is therefore allowed.

UNQUOTE

The Portuguese Supreme Court fully upheld that decision and awarded costs against the McCanns in respect of both appeals (October 2010 by Amaral, March 2011 by the McCanns).

In the U.K. and in most other jurisdictions on the planet, the junior court (in this case the Lisbon Civil Court) must obey the decisions of the higher courts (in this case the Portuguese Appeal & Supreme Courts).

In short, the reason for this utterly perverse decision is IMO a combination of political interference from the top, endemic corruption in Portugal - one of the most corrupt countries in Europe according to the International Index of Corruption - and a lot of incompetence.

Legally, the decision reached is, IMO, in one word: 'incomprehensible'

by aiyoyo 29.04.15 10:00

canada12 wrote:
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)

Just as we suspected, ID has obtained this by irregular means.
She has been quoted in the press as saying she had informed her clients and that Kate is delighted with the result and all the rest....

Team Amaral can complain about her dodgy method of obtaining the document, but it won't change the verdict. At most she will get a slap on the wrist.....and perhaps the person in the judiciary system who leaks to her will hopefully be punished.

by snook 29.04.15 10:00

Thank you Tony. I despair.

by Joss 29.04.15 10:01

I agree Tony, it is "incomprehensible" and will wait to see the why of this verdict in the case. Surely it couldn't be right? I certainly hope it does get thrown out out on appeal.

by Joss 29.04.15 10:03

I hope Goncalo Amaral has a very good lawyer to fight this sad

by OpenMind 29.04.15 10:04

Just accidentally growled at the cashier in the Co-op when I saw a headline in the papers which said something along the lines of "confirmed; Maddy cop did lie about death cover up". Feeling like all hope is lost eek

by HelenMeg 29.04.15 10:11

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

UPDATE 3

Verdict found available online.
Working on translation / summary for you.

http://www.eliphashardi.eu/

by HelenMeg 29.04.15 10:13

The only positive thing we can do right now is contribute to Amaral's Fund and give it a big whoosh. We need to give him a boost somehow

by aiyoyo 29.04.15 10:14

Joss wrote:I would of thought the Libel & Damages were intertwined?

If it is, how come the Judge stops Gerry at the stand from talking about the dogs.
I believe she said it was not within her remit.

by Bishop Brennan 29.04.15 10:18

Joss wrote:I hope Goncalo Amaral has a very good lawyer to fight this

I wonder if he will have the energy and / or the funds to appeal it?

The only gleam of light that I can see is that the appeal could be centred on a technicality (is the fact that Amaral wrote the book before the PJ files were released grounds for awarding damages?). And was that the issue that made the difference?

Of course the appeal court could simply turn around and say that the timing was irrelevant, and that the trial was only about the damage to 'poor Gerry and Kate'. If so, the appeal would probably fail. The Appeal judge could simply say that Amaral's claims have not been proved as 'true'. As such, damage is possible since 'could be true' is not a sufficient defence in a damages case.

Poor Amaral. Got to feel for the guy. Let's hope that his inner dignity and strength will help him to get over this and start to rebuild his life. He will always have many supporters and that will be important as he tries to leave this nightmare behind.

by inspirespirit 29.04.15 10:19

Just saw this on facebook.

Deborah Jayne Law
40 mins · Edited
The ruling just published online you will see how unprecedented this is
DECISION
**
Given the above, on balance of fact and law, decide:
I. Judging remedied the representation of irregularity MADELEINE McCann BETH author in accordance with article 29, paragraph 1 of the Code of Civil Procedure and, therefore, dismiss the objection raised by the defendant GONÇALO AMARAL.
II. Declared partly the claims made in the main action by the authors KATE MARIE PATRICK HEALY McCann and Gerald McCann against the defendant GONÇALO AMARAL, and to that extent, the second sentence to pay each of the first indemnity the amount of Euro 250,000.00 (two hundred and fifty thousand euros) plus default interest at the statutory rate of interest civilians, since January 5, 2010 until full payment.
III. Dismiss the other requests made in the same action, the authors KATE MARIE PATRICK HEALY McCann and Gerald McCann against the defendant GONÇALO AMARAL and the same acquit the defendant.
IV. Fully judge rejected the requests made, in the same action, the authors MADELEINE BETH McCann, Sean Michael McCann and McCann AMELIE EVE against the defendant GONÇALO AMARAL and the same acquit the defendant.
V. Declared partly the claims valid in attached action, the authors KATE MARIE PATRICK HEALY McCann and Gerald McCann against the defendants GONÇALO AMARAL, WAR & PEACE, EDITORS, SA and VC - OAK-FILM VALENTINE, AUDIOVISUAL, SA, and in the same measure:
a) prohibit the defendants Gonçalo Amaral and War and Peace, Editor, SA selling book "Maddie - The Truth of the Lie" and condemn them in the collection, for delivery to the authors, within sixty (60) days after res judicata, of copies of this book that still remain in bookstores, other retail outlets, warehouses and warehouses.
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Tel: 213 846 400 Fax: 213 874 221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
b) prohibit the defendants Gonçalo . Amaral and War and Peace, Editor, SA execution of new editions of the same book
c) prohibit the defendant VC - Oak-Movies Valentine, Audiovisual, SA execution of new editions of the DVD "Maddie, The Truth of the Lie".
d) prohibit the defendants Gonçalo Amaral, War and Peace, Editor, SA and VC - Oak-Movies Valentine, Audiovisual, SA, respectively, of the transfer, onerous or free, any form of copyright and book publishing and DVD.
and) order, each of these defendants, the penalty payment of EUR 50,000.00 (fifty thousand euros) for each offense of the above prohibitions.
VI. Judge over the rest of unfounded the claims made in the action attached by the authors KATE MARIE PATRICK HEALY McCann and Gerald McCann against the defendants GONÇALO AMARAL, WAR & PEACE, EDITORS, SA and VC - OAK-FILM VALENTINE, AUDIOVISUAL, SA and same acquit the defendants.
VII. Judging fully rejected the claims made in the attached action against TVI defendant - INDEPENDENT TELEVISION, SA, the same acquitting the defendant.
VIII. Judging fully rejected the claims made in the action attached by the authors MADELEINE BETH McCann, Sean Michael McCann and McCann AMELIE EVE.
IX. Judging unchecked (subject to incidental sentence imposed in the order of 20 May 2014) the litigation in bad faith of either party.
X. Condemn the perpetrators KATE HEALY MARIE McCann, GERALD PATRICK McCann, MADEILENE BETH McCann, Sean Michael McCann and McCann AMELIE EVE and the defendant GONÇALO AMARAL the expense of the main action in the proportion of 58.30% for the former and 41.70% for second, in accordance with paragraph 1 of article 527 of the Civil Procedure Code.
XI. Condemn the perpetrators KATE HEALY MARIE McCann, GERALD PATRICK McCann, MADEILENE BETH McCann, Sean Michael McCann and McCann AMELIE EVE and defendants GONÇALO AMARAL, WAR & PEACE, EDITORS, SA and VC - OAK-FILM VALENTINE,
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Tel: 213 846 400 Fax: 213 874 221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
AUDIOVISUAL, SA at the expense of attached action in the proportion of 50%, in accordance with paragraph 1 of article 527 of the Civil Procedure Code.
Notify.
Sign.
**
*
Almada, April 27, 2015
(processed by computer and reviewed by signatory)
(from 29 March April 9 - Easter legal holidays)

by Joss 29.04.15 10:23

aiyoyo wrote:
Joss wrote:I would of thought the Libel & Damages were intertwined?

If it is, how come the Judge stops Gerry at the stand from talking about the dogs.
I believe she said it was not within her remit.

All i know is you can't have a Libel case if you can't prove damages to yourself, otherwise there is no case for Libel.

by Guest 29.04.15 10:25

a) prohibit the defendants Gonçalo Amaral and War and Peace, Editor, SA selling book "Maddie - The Truth of the Lie" and condemn them in the collection, for delivery to the authors, within sixty (60) days after res judicata, of copies of this book that still remain in bookstores, other retail outlets, warehouses and warehouses.
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Tel: 213 846 400 Fax: 213 874 221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB

This total and utter madness and makes Portuguese law an ass.

by sallypelt 29.04.15 10:26

inspirespirit wrote:Just saw this on facebook.

Deborah Jayne Law
40 mins · Edited
The ruling just published online you will see how unprecedented this is
DECISION
**
Given the above, on balance of fact and law, decide:
I. Judging remedied the representation of irregularity MADELEINE McCann BETH author in accordance with article 29, paragraph 1 of the Code of Civil Procedure and, therefore, dismiss the objection raised by the defendant GONÇALO AMARAL.
II. Declared partly the claims made in the main action by the authors KATE MARIE PATRICK HEALY McCann and Gerald McCann against the defendant GONÇALO AMARAL, and to that extent, the second sentence to pay each of the first indemnity the amount of Euro 250,000.00 (two hundred and fifty thousand euros) plus default interest at the statutory rate of interest civilians, since January 5, 2010 until full payment.
III. Dismiss the other requests made in the same action, the authors KATE MARIE PATRICK HEALY McCann and Gerald McCann against the defendant GONÇALO AMARAL and the same acquit the defendant.
IV. Fully judge rejected the requests made, in the same action, the authors MADELEINE BETH McCann, Sean Michael McCann and McCann AMELIE EVE against the defendant GONÇALO AMARAL and the same acquit the defendant.
V. Declared partly the claims valid in attached action, the authors KATE MARIE PATRICK HEALY McCann and Gerald McCann against the defendants GONÇALO AMARAL, WAR & PEACE, EDITORS, SA and VC - OAK-FILM VALENTINE, AUDIOVISUAL, SA, and in the same measure:
a) prohibit the defendants Gonçalo Amaral and War and Peace, Editor, SA selling book "Maddie - The Truth of the Lie" and condemn them in the collection, for delivery to the authors, within sixty (60) days after res judicata, of copies of this book that still remain in bookstores, other retail outlets, warehouses and warehouses.
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Tel: 213 846 400 Fax: 213 874 221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
b) prohibit the defendants Gonçalo . Amaral and War and Peace, Editor, SA execution of new editions of the same book
c) prohibit the defendant VC - Oak-Movies Valentine, Audiovisual, SA execution of new editions of the DVD "Maddie, The Truth of the Lie".
d) prohibit the defendants Gonçalo Amaral, War and Peace, Editor, SA and VC - Oak-Movies Valentine, Audiovisual, SA, respectively, of the transfer, onerous or free, any form of copyright and book publishing and DVD.
and) order, each of these defendants, the penalty payment of EUR 50,000.00 (fifty thousand euros) for each offense of the above prohibitions.
VI. Judge over the rest of unfounded the claims made in the action attached by the authors KATE MARIE PATRICK HEALY McCann and Gerald McCann against the defendants GONÇALO AMARAL, WAR & PEACE, EDITORS, SA and VC - OAK-FILM VALENTINE, AUDIOVISUAL, SA and same acquit the defendants.
VII. Judging fully rejected the claims made in the attached action against TVI defendant - INDEPENDENT TELEVISION, SA, the same acquitting the defendant.
VIII. Judging fully rejected the claims made in the action attached by the authors MADELEINE BETH McCann, Sean Michael McCann and McCann AMELIE EVE.
IX. Judging unchecked (subject to incidental sentence imposed in the order of 20 May 2014) the litigation in bad faith of either party.
X. Condemn the perpetrators KATE HEALY MARIE McCann, GERALD PATRICK McCann, MADEILENE BETH McCann, Sean Michael McCann and McCann AMELIE EVE and the defendant GONÇALO AMARAL the expense of the main action in the proportion of 58.30% for the former and 41.70% for second, in accordance with paragraph 1 of article 527 of the Civil Procedure Code.
XI. Condemn the perpetrators KATE HEALY MARIE McCann, GERALD PATRICK McCann, MADEILENE BETH McCann, Sean Michael McCann and McCann AMELIE EVE and defendants GONÇALO AMARAL, WAR & PEACE, EDITORS, SA and VC - OAK-FILM VALENTINE,
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Tel: 213 846 400 Fax: 213 874 221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB
AUDIOVISUAL, SA at the expense of attached action in the proportion of 50%, in accordance with paragraph 1 of article 527 of the Civil Procedure Code.
Notify.
Sign.
**
*
Almada, April 27, 2015
(processed by computer and reviewed by signatory)
(from 29 March April 9 - Easter legal holidays)

Having skimmed through the above, it doesn't look a complete disaster for Dr Amaral. Take this, for example:

b) prohibit the defendants Gonçalo . Amaral and War and Peace, Editor, SA execution of new editions of the same book

I am not going to pretend that I understand Portuguese law, but this tells me that there is nothing preventing Dr Amaral from producing another EXACT copy or title of the Truth of the Lie. So, to quote Tony, "it aint over until the fat lady sings", and at this moment in time, she's still in the dressing room putting on her makeup

Edited to add, having read a bit more of the vedict, it appears to be VERY damning of the "perpetrators"

by Joss 29.04.15 10:27

Libel and Slander

Also found in: Dictionary/thesaurus, Medical, Encyclopedia, Wikipedia.

Libel and Slander

Two torts that involve the communication of false information about a person, a group, or an entity such as a corporation. Libel is any Defamation that can be seen, such as a writing, printing, effigy, movie, or statue. Slander is any defamation that is spoken and heard.
Collectively known as defamation, libel and slander are civil wrongs that harm a reputation; decrease respect, regard, or confidence; or induce disparaging, hostile, or disagreeable opinions or feelings against an individual or entity. The injury to one's good name or reputation is affected through written or spoken words or visual images. The laws governing these torts are identical.
To recover in a libel or slander suit, the plaintiff must show evidence of four elements: that the defendant conveyed a defamatory message; that the material was published, meaning that it was conveyed to someone other than the plaintiff; that the plaintiff could be identified as the person referred to in the defamatory material; and that the plaintiff suffered some injury to his or her reputation as a result of the communication.
To prove that the material was defamatory, the plaintiff must show that at least one other person who saw or heard it understood it as having defamatory meaning. It is necessary to show not that all who heard or read the statement understood it to be defamatory, but only that one person other than the plaintiff did so. Therefore, even if the defendant contends that the communication was a joke, if one person other than the plaintiff took it seriously, the communication is considered defamatory.

Read more at:
http://legal-dictionary.thefreedictionary.com/Libel+and+Slander

by Joss 29.04.15 10:34

BlueBag wrote:
a) prohibit the defendants Gonçalo Amaral and War and Peace, Editor, SA selling book "Maddie - The Truth of the Lie" and condemn them in the collection, for delivery to the authors, within sixty (60) days after res judicata, of copies of this book that still remain in bookstores, other retail outlets, warehouses and warehouses.
District of Lisbon
Lisbon - Inst. Central - 1st Civil Chamber - J15
Palace of Justice, Border Marquis Street - 1098-001 Lisboa
Tel: 213 846 400 Fax: 213 874 221 Mail: lisboa.centralcivel@tribunais.org.pt
Proc.Nº 1454 / 09.5TVLSB

This total and utter madness and makes Portuguese law an ass.

Makes one wonder how the original finding in the Court that GA's book wasn't libelous was determined if not by the Portugese laws that come into libel cases? And i agree, it does make an ass out of their laws in this case.

by Joss 29.04.15 10:36

I also agree that this isn't over yet.

by aiyoyo 29.04.15 10:43

Snipped from The Guardian
Gonçalo Amaral, who led investigation for missing girl in Portugal in 2007, is found guilty of libelling Gerry and Kate McCann and ordered to pay €500,000

So the judge didn't award anything to the children plaintiffs? But award full sum (not a penny short) as claimed by Kate & Gerry, very unusual by Portuguese standard.

Something stinks !

by sallypelt 29.04.15 10:44

So it appears that Dr Amaral was only found "guilty" of "representation of irregularity". He is prevented from selling another copy of the Truth of the Lie, and anything else attributed to it. However, from my understanding of the verdict, that is the ONLY claim against him. It appears that Dr Amaral jumped the gun, with the timing of the publication of his book, and for that, he has to be made an example of, to prevent other people with inside knowledge, from doing the same thing.

The McCann's may have be compensated for Dr Amaral's cock-up, but as for anything else, it put the rest of Team Tapas in a very bad light.

by sallypelt 29.04.15 10:49

I may have missed something, but I can't, for the life of me, see the word "libel" or "slander" anywhere in the ruling above.

I am sure Tony is reading the ruling as I type, and he will go through it with a fine tooth comb and will post his findings in due course.

by sallypelt 29.04.15 10:52

To understand, fully, why the ruling is as it is, we need to understand this, in Portuguese law:

Article 29, paragraph 1 of the Code of Civil Procedure

Maybe one of our Portuguese friends can enlighten us.

by snook 29.04.15 10:54

Why would the timing of publication be a factor? If the facts are out they are out. The Mccanns didn't want anyone reading the files (' we are disappointed '), so this was an exercise in preventing the public reading the damning information they held.

by sallypelt 29.04.15 10:57

snook wrote:Why would the timing of publication be a factor? If the facts are out they are out. The Mccanns didn't want anyone reading the files (' we are disappointed '), so this was an exercise in preventing the public reading the damning information they held.

The law can be very complicated. There is often a big gap between what is legal and what is moral, unfortunately. However, I repeat, I don't think this is a total disaster for Dr Amaral, but only time will tell. The ruling certainly doesn't put the McCann's in a good light. Quite the reverse, imo

by jozi 29.04.15 10:58

Joss wrote:
aiyoyo wrote:
Joss wrote:I would of thought the Libel & Damages were intertwined?

If it is, how come the Judge stops Gerry at the stand from talking about the dogs.
I believe she said it was not within her remit.
All i know is you can't have a Libel case if you can't prove damages to yourself, otherwise there is no case for Libel.

Unbelievable, I'm so shocked as at the trail, it was all in Amarals favour and showed the Mcs up for what liars they are !!!