McCann family vs Amaral et al Judgment Verdict - April 27, 2015: Translated by Anne Guedes
The Complete Mystery of Madeleine McCann™ :: Portuguese Police Investigation :: McCanns v Dr Gonçalo Amaral + ECHR
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Re: McCann family vs Amaral et al Judgment Verdict - April 27, 2015: Translated by Anne Guedes
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 committedby 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.
These three mentioned entities were constituted defendants as vehicles of the illegality committedby 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.
Guest- Guest
Re: McCann family vs Amaral et al Judgment Verdict - April 27, 2015: Translated by Anne Guedes
@onehand
Yeah man
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.
Yeah man
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
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
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 committedby 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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The Complete Mystery of Madeleine McCann™ :: Portuguese Police Investigation :: McCanns v Dr Gonçalo Amaral + ECHR
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