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McCann family vs Amaral et al Judgment Verdict - April 27, 2015: Translated by Anne Guedes

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McCann family vs Amaral et al Judgment Verdict - April 27, 2015: Translated by Anne Guedes

Post by aiyoyo on 08.05.15 18:31

http://www.gerrymccannsblogs.co.uk/v01.htm

With special thanks to Anne Guedes.

Complete Translation of the Judgement Verdict.

http://www.gerrymccannsblogs.co.uk/AnneGuedes.htm

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Thanks!

Post by Guest on 09.05.15 9:44

Great job, well done Anne, thank you very much!

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Re: McCann family vs Amaral et al Judgment Verdict - April 27, 2015: Translated by Anne Guedes

Post by Richard IV on 09.05.15 10:36

Thank you to Anne Guedes.

That must have taken her ages.   roses

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Re: McCann family vs Amaral et al Judgment Verdict - April 27, 2015: Translated by Anne Guedes

Post by joyce1938 on 09.05.15 10:50

thanks for translation Anne,w e would not have the full effects if we did not see this joyce1938

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Re: McCann family vs Amaral et al Judgment Verdict - April 27, 2015: Translated by Anne Guedes

Post by plebgate on 09.05.15 12:31

Many thanks to Anne G.   A great deal of work indeed.

Is it onehand a poster here who understands law.

Would love to see a post to see what onehand makes of it all.

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Re: McCann family vs Amaral et al Judgment Verdict - April 27, 2015: Translated by Anne Guedes

Post by onehand on 09.05.15 19:43

hope, you could wait for a more definite opinion, i like to read it again tomorrow, but i'am not an expert in portuguese law, but there is from my first reading a very good chance for an appeal, if the portuguese handle the same exception as a dutch civil judge has to obey. 

meaning, it looks strongly that this judge had made a verdict on a criminal act in stead of a civil act. 

breaking a rule of confidentiality belong in my country under criminal law, a civil judge can not give out a verdict to punish,or anything that looks like punishing in reverse of an criminal act. also damages must always be made clear and accepted as real under civil court orders. 

i'am myself bound to a certain amount of confidentiality and secrecy, officially it only comes down, the first moment it becomes 12.00 at noon, after i die. 
but there are more then one known cases were even very high police officers had spoken out in books, but mostly after a verdict in a case. best example is the heineken kidnapping and the kidnapping and killing of gerrit-jan heijn. i have to look up the some other works were published exactly,to find a equal as to the mccann case. but there also a lot of books out in europe about famous criminal cases, written by old coppers or people of the bar. it is commonly accepted to write such books. 

for Dr. Amaral the most nearest example would be the book of by one of that man, we did see a lot on interview, forgot his name for now, have to look that up, but i have the impression this man has a background in a position in the portuguese courts. this book was out earlier and he was not part of the investigation team or cps team, but there is no difference in keeping up the innocent until proven different under court.

but it is very strange to see a verdict, that is going so near punishment. normally to expect would be, that a civil judge writes a writ to a cps to ask for a follow this up under criminal law. 

there are more strange things because this judge made a lot of uncertain possible facts to certain legal facts, without it was ever be looked at in a criminal court. 

the problem with working from a translation i that sometimes the exact meaning of the written law is changing. the language of law can give a different perspective to even the exact wording, then we usually understand from it. 

under dutch law i would give an appeal a very good chance, by going for overstepping the boundaries of civil court proceedings. but portuguese court ruling could hold a different opinion about those boundaries. 

i will try again to find the official texts of civil law in portugal. if someone have such a link, please post it, thanks in advance.

but it is a long peace and this is just from my first impressions, but i like to read it again and again, and ask around before i would form a definite opinion.

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Re: McCann family vs Amaral et al Judgment Verdict - April 27, 2015: Translated by Anne Guedes

Post by plebgate on 09.05.15 19:53

Thank you very much for that onehand.   Very interesting indeed and it will be well worth the wait for your next post.

I wonder if it's possible for someone to tweet or ask on facebook if they can provide the link onehand has requested re. the texts of Portugese civil law?

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Re: McCann family vs Amaral et al Judgment Verdict - April 27, 2015: Translated by Anne Guedes

Post by PeterMac on 09.05.15 22:18

Does anyone have an idea of what the Court Costs might actually be.  Not a guess.

Because if for example the total court costs, over the 5 years were set at 200,000 euros
then
McCanns pay 58.3% x 200,000 = 114,600
GA pays   41.7% x 200,000 =  83,400

and assume costs of the other action amounted to 100,000 euros
then
Mccanns pay 50% of 100,000  =  50,000
GA pays 1/3 of 50 % = 16,666
One third, because the costs were split among GA, the television and the DVD company ! !  (They might have the decency to pick up the entire tab . .)

McCann pay total of 114,600 + 50,000 = 164,600
GA pays total of 83,400 + 16,666 = 100,066

So Clarrie can announce that the McCanns WON
Because they have the vast publicly donated "fund" behind them


Once you start adjusting the amounts of the costs, it becomes even more interesting

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Re: McCann family vs Amaral et al Judgment Verdict - April 27, 2015: Translated by Anne Guedes

Post by aiyoyo on 09.05.15 23:18

@onehand wrote:hope, you could wait for a more definite opinion, i like to read it again tomorrow, but i'am not an expert in portuguese law, but there is from my first reading a very good chance for an appeal, if the portuguese handle the same exception as a dutch civil judge has to obey. 

meaning, it looks strongly that this judge had made a verdict on a criminal act in stead of a civil act. 

breaking a rule of confidentiality belong in my country under criminal law, a civil judge can not give out a verdict to punish,or anything that looks like punishing in reverse of an criminal act. also damages must always be made clear and accepted as real under civil court orders. 

i'am myself bound to a certain amount of confidentiality and secrecy, officially it only comes down, the first moment it becomes 12.00 at noon, after i die. 
but there are more then one known cases were even very high police officers had spoken out in books, but mostly after a verdict in a case. best example is the heineken kidnapping and the kidnapping and killing of gerrit-jan heijn. i have to look up the some other works were published exactly,to find a equal as to the mccann case. but there also a lot of books out in europe about famous criminal cases, written by old coppers or people of the bar. it is commonly accepted to write such books. 

for Dr. Amaral the most nearest example would be the book of by one of that man, we did see a lot on interview, forgot his name for now, have to look that up, but i have the impression this man has a background in a position in the portuguese courts. this book was out earlier and he was not part of the investigation team or cps team, but there is no difference in keeping up the innocent until proven different under court.

but it is very strange to see a verdict, that is going so near punishment. normally to expect would be, that a civil judge writes a writ to a cps to ask for a follow this up under criminal law. 

there are more strange things because this judge made a lot of uncertain possible facts to certain legal facts, without it was ever be looked at in a criminal court. 


the problem with working from a translation i that sometimes the exact meaning of the written law is changing. the language of law can give a different perspective to even the exact wording, then we usually understand from it. 

under dutch law i would give an appeal a very good chance, by going for overstepping the boundaries of civil court proceedings. but portuguese court ruling could hold a different opinion about those boundaries. 

i will try again to find the official texts of civil law in portugal. if someone have such a link, please post it, thanks in advance.

but it is a long peace and this is just from my first impressions, but i like to read it again and again, and ask around before i would form a definite opinion.

OMG...onehand, what a remarkable pick up !
Exactly, the Judge punished him so severely as if a criminal suit when the criminal aspects have neither been put before her nor tested in court.

There must be a good reason why they filed it as civil suit and not a criminal suit. 
Apart from the obvious that in a criminal suit it would be mandatory for them to take the stand to face cross examination which no competent lawyer would dare risk them doing that.  If I am not wrong, in Portugal, the side filing the allegations would have to prove its case. Onus is on them, not the defence side.

Be interesting to read your further opinion.  Portuguese lawyer will be able to tell us why they filed the case as a civil suit and not criminal suit.  As a matter of interest, your observation may be useful for Amaral's lawyer to have, even if you're only looking at it from a Dutch Judiciary perspective.  After all the judge used several comparing jurisprudence that are outside of Portuguese ones.

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Re: McCann family vs Amaral et al Judgment Verdict - April 27, 2015: Translated by Anne Guedes

Post by onehand on 10.05.15 0:24

a lot is not proven, but accepted as proven by this verdict. even things that could not be proven in any way, like the dog results. this could hinder a future criminal case very badly, it is also far more negative for the mccann's then it looks on first sight. 

also is not proven that Dr. Amaral has written his book before the conclusions of the investigation were published, technically it could be done, just write the story down and print a book in 4 days. 

i have not seen anything about the papers during this process from Dr. Amaral's signing out of service, only those do count about his obligations, and even over here there are differences in obligations. mine is an official legal act, but i am only on a in-active status, but i do know there are others who did leave service to the full. 

i did found the full version of the portuguese civil laws, but there is as usual, no official english, or other translation, but it must be possible to find the exactly competences of a civil judge. plus about ten other helping sites with information on european laws per country. but first it time for some sleep. 

they would never dare to ask for a criminal process. far to risky and there is usually no money to gain from it. and no stories to keep the brittish press happy!

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Re: McCann family vs Amaral et al Judgment Verdict - April 27, 2015: Translated by Anne Guedes

Post by onehand on 10.05.15 9:34

The part of the verdict which is most clear of what this judge actually did, is found on page 47 of the legal documents:

These three mentioned entities were constituted defendants as vehicles of the illegality committed​​by the defendant Goncalo Amaral, being then passive objects of the measures that under the referred standard must be ordered, according to the criteria of adequacy and proportionality, to attenuate the effects of this illegality.

What we see here is a civil court judge who acted out in the role of prosecutor and criminal court judge.
The normal route to take would be , file a complaint to the authorities and ask for a criminal court to give a verdict. If there is a verdict that substantiated a breaching of rules like these, you can use these to file a civil case were could be decided if you are eligible to any damages.

It can not be within the boundaries of a civil court to decide, of this defendant had breach a obligation of law, he was bound to, there was no true establishment if those named set of obligation by law, belongs to the obligations of the defendant.

There is no part of any law set in stone, there could be always be exemptions made, it is unheard for not to look in to this, if such a privilege is in place for a defendant.

Technically if the defendant has breaching his obligations, it would automatically belongs under criminal law, because it is a agreement by law between the state and the defendant.

As a result of this verdict in the verdict, it is not logical to call this a rewarding of damages, because of the accusing, charging and judging of a criminal act, this has to much the likeness of punishment for that part.

Even more substantiated, because of the letting of the hook of all other defendants.

Also Dr.Amaral has the right to be innocent until proven guilty before the appropriate court.


If i was team mccann i would made an appeal to get rid of those provings of the dogs.


This judge had brought on jurisprudence for legalizing the use of dogs in portuguese investigations.
Also done in a pretty hard way. What she did state in the verdict under proven facts, made a signal of those dogs into evidence on their own standing!


See page 8:

6. The British police dogs “Eddie” and “Keela” detected human blood and cadaver in the apartment 5A, Ocean Club [alínea AR) of the undisputed facts].

7. The British police dogs “Eddie” and “Keela” detected human blood and cadaver in a vehicle rented by the claimants after the disappearance of MMC [alínea AS) of the undisputed facts].

Just as accepted those as proven facts! I love it!

I do know it is even beyond science, but la duarte must be sleeping, if she did not see what this implicate in the future of this case.

So not a very bad piece of work on certain points, an appeal for Dr. Amaral has a good chance and the dogs get their credits after all.

What did you say gerry? Was that really; ask the dogs? This judge did just that and she heard a
proven woof and woof, twice! So from now on, do pray for the silence of the dogs!


All of this was written in my personal opinion, mostly from what i do know about proceedings of the law in the netherlands and what is commonly known as technically the same in other european countries, except the uk.

I keep on looking for the exact wordings in a good translation from the portuguese law, but that is less easy then it looks. 

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Re: McCann family vs Amaral et al Judgment Verdict - April 27, 2015: Translated by Anne Guedes

Post by plebgate on 10.05.15 10:16

@onehand

Yeah man  clapping 

Hope that someone does send onehand's observations to Rocky's team.

IIRC in the translationof the hearing from Anne G.  it was stated that Mr. had tried to introduce the dogs into the court hearing and the judge said along the lines that her court was not the place to bring it up (not exact wording).

Is it possible that because he mentioned the dogs in her court room she was able to comment on it in her summing up?   If that is the case would that make it impossible for them to appeal it as suggested by onehand?

Thanks again onehand, I think many on the internet will be buoyed up with your posts.

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Re: McCann family vs Amaral et al Judgment Verdict - April 27, 2015: Translated by Anne Guedes

Post by aiyoyo on 10.05.15 22:57

@onehand wrote:
Technically if the defendant has breaching his obligations, it would automatically belongs under criminal law, because it is a agreement by law between the state and the defendant.

Exactly !
People second guessing that the Judge punished him so severely because of abuse of position, using privileged information while under judiciary secrecy, did not take into account this was never contended in Court by the Plaintiffs.  Neither was the Judge in said instance an appointed arbitrator in a case of state vs Amaral.   If she'd used that premise in her judgement, then she's the one abusing her position and power. 


All of this was written in my personal opinion, mostly from what i do know about proceedings of the law in the netherlands and what is commonly known as technically the same in other european countries, except the uk.

I should think Judiciary systems in the European Continent can't vary that much from country to country, but it's hard to state that as a fact without knowing any better.

 If I am not wrong there's upfront filing cost involved wheb filing a suit in Portugal.There is a considerable difference in the cost between the two different types of suit (civil vs criminal). Though I should hardly think that would be reason to deter the Mcs from filing a criminal case if they believed they have a case.
The application is subject to Court's preliminary determination and approval that on prima facie basis there is a case to proceed to trial.  Otherwise, the application will be rejected.
I wish there's a portuguese lawyer around to tell us why they filed it under civil suit and not criminal suit, apart from the obvious disadvantage laymen can discern.


I keep on looking for the exact wordings in a good translation from the portuguese law, but that is less easy then it looks.

Nope, not much data out there on the internet.

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Re: McCann family vs Amaral et al Judgment Verdict - April 27, 2015: Translated by Anne Guedes

Post by lj on 11.05.15 17:40

@onehand wrote:The part of the verdict which is most clear of what this judge actually did, is found on page 47 of the legal documents:

These three mentioned entities were constituted defendants as vehicles of the illegality committed​​by the defendant Goncalo Amaral, being then passive objects of the measures that under the referred standard must be ordered, according to the criteria of adequacy and proportionality, to attenuate the effects of this illegality.

What we see here is a civil court judge who acted out in the role of prosecutor and criminal court judge.
The normal route to take would be , file a complaint to the authorities and ask for a criminal court to give a verdict. If there is a verdict that substantiated a breaching of rules like these, you can use these to file a civil case were could be decided if you are eligible to any damages.

It can not be within the boundaries of a civil court to decide, of this defendant had breach a obligation of law, he was bound to, there was no true establishment if those named set of obligation by law, belongs to the obligations of the defendant.

There is no part of any law set in stone, there could be always be exemptions made, it is unheard for not to look in to this, if such a privilege is in place for a defendant.

Technically if the defendant has breaching his obligations, it would automatically belongs under criminal law, because it is a agreement by law between the state and the defendant.

As a result of this verdict in the verdict, it is not logical to call this a rewarding of damages, because of the accusing, charging and judging of a criminal act, this has to much the likeness of punishment for that part.

Even more substantiated, because of the letting of the hook of all other defendants.

Also Dr.Amaral has the right to be innocent until proven guilty before the appropriate court.


If i was team mccann i would made an appeal to get rid of those provings of the dogs.


This judge had brought on jurisprudence for legalizing the use of dogs in portuguese investigations.
Also done in a pretty hard way. What she did state in the verdict under proven facts, made a signal of those dogs into evidence on their own standing!


See page 8:

6. The British police dogs “Eddie” and “Keela” detected human blood and cadaver in the apartment 5A, Ocean Club [alínea AR) of the undisputed facts].

7. The British police dogs “Eddie” and “Keela” detected human blood and cadaver in a vehicle rented by the claimants after the disappearance of MMC [alínea AS) of the undisputed facts].

Just as accepted those as proven facts! I love it!

I do know it is even beyond science, but la duarte must be sleeping, if she did not see what this implicate in the future of this case.

So not a very bad piece of work on certain points, an appeal for Dr. Amaral has a good chance and the dogs get their credits after all.

What did you say gerry? Was that really; ask the dogs? This judge did just that and she heard a
proven woof and woof, twice! So from now on, do pray for the silence of the dogs!


All of this was written in my personal opinion, mostly from what i do know about proceedings of the law in the netherlands and what is commonly known as technically the same in other european countries, except the uk.

I keep on looking for the exact wordings in a good translation from the portuguese law, but that is less easy then it looks. 


What an uplifting analysis!

____________________
"And if Madeleine had hurt herself inside the apartment, why would that be our fault?"  Gerry

http://pjga.blogspot.co.uk/?m=0

http://whatreallyhappenedtomadeleinemccann.blogspot.co.uk/

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