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McCanns v Amaral trial is NOT LIBEL!

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Re: McCanns v Amaral trial is NOT LIBEL!

Post by Joss on 22.05.15 13:09

@OxfordBloo wrote:
@Joss wrote:
@OxfordBloo wrote:
@BlueBag wrote:
WMD wrote:
@OxfordBloo wrote:
@BlueBag wrote:A judge's interpretation of the law can be overturned and has been many times in the past.

Anyone reading some posts in this thread would think there is no point appealing (or donating).

Dear Oxfordbloo... did you join this forum just to tell us that the judge got it right?

Have you been here before under another name?
The judge explains why a police officer does not have that protection for information gained because of his privilege and why such a retired officer is specifically banned by Portuguese law from accusing the innocent of being guilty. The laws are so clearly stated as to make a successful appeal unlikely. He may well be successful in challenging he amount of damages awarded.
But did the McCanns take him to court over this,if not how can it be found against him,that must surely be for another court.
That is exactly my point.

Disciplinary matters have no impact on the effect of the book on the McCanns and should not have been used as reason for awarding damages.

Anyone could have written that book and expressed the same opinions after the files were made public.

The right to publish the book had already been tested in Portuguese courts.
They are not 'disciplinary matters', but clear breaches of Portuguese civil law. The judge quoted exactly which laws were breached.
What the judge is talking about is under the banner of "Police Misconduct". The fact as you say the judge determined that GA had no business to write about his thesis of the investigation into MBM's disappearance being a retired PJ officer, sworn to secrecy or whatever an ex PJ officer is sworn to? If GA did in fact breach that law of course it stands to reason it was a matter of misconduct on his part. So will he be held to account for that?

Police Corruption and Misconduct





The violation of state and federal laws or the violation of individuals' constitutional rights by police officers; also when police commit crimes for personal gain.
Police misconduct and corruption are abuses of police authority. Sometimes used interchangeably, the terms refer to a wide range of procedural, criminal, and civil violations. Misconduct is the broadest category. Misconduct is "procedural" when it refers to police who violate police department rules and regulations; "criminal" when it refers to police who violate state and federal laws; "unconstitutional" when it refers to police who violate a citizen's Civil Rights; or any combination thereof. Common forms of misconduct are excessive use of physical or Deadly Force, discriminatory arrest, physical or verbal harassment, and selective enforcement of the law.
Directly above your post is the set of references to the Portuguese civil laws that Amaral breached. These are laws, not disciplinary matters.
BS.

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Re: McCanns v Amaral trial is NOT LIBEL!

Post by OxfordBloo on 22.05.15 13:10

WMD wrote:
@OxfordBloo wrote:Question: Is a retired police officer required to maintain the innocence of those not convicted and to maintain privileged information in confidence?

"In the case, Kate and Gerald McCann authors never ceased to benefit from presumption of innocence and the imperative of behavior that it puts on the national enforcement and judicial authorities and all its employees and agents." 

"The police have the responsibility of defending democratic legality, protecting internal security and citizens' rights" [artº 272 of the Portuguese Constitution]."

 "The Judicial Police is the upper body of criminal police assisting in the administration of justice, organized hierarchically depending on the Minister of Justice and supervised under the law "[article 1 of the Organic Law of the Judicial Police, approved by Decree-Law No. 275-A / 2000 of November 9 as amended by Decree-Law No. 235/2005, of 30 December, then in force]."

"Criminal investigation coordinators are criminal police authorities for the purposes of criminal procedural law [article 11 paragraph g) of the same Act]."

"Under the Disciplinary Regulations of the Judicial Police the duty of confidentiality is one of the general duties of members of the Judicial Police [paragraph e) of article 5 of the Regulation approved by Decree-Law No. 196/94, of 21 July]."

"Besides this general duty of confidentiality, the organic law imposes on employees in service at the judicial police a duty of reserve, precisely that "(...) can not make public disclosures related to lawsuits or reserved nature of the subject other than what is provided for herein on public information[/black] and preventive actions among the population and also the provisions of the criminal procedure law "[paragraph 2 of article 12]. Still admissible statements "(...) subject to prior authorization by the national director or the national Deputy Directors, on pain of disciplinary proceedings, without prejudice to any criminal liability that may place" [paragraph 3 of article 12]."

"This duty is a common functional requirement on Magistrates and the criminal police. As example, in the case of Prosecutors, the ordinary law postulates that it will remain after retirement, paragraph 7 of article 148 of the Statute that "retired officers are required to the reserve required by their condition."
It is a duty that is essential to the preservation of public confidence in the institutions of administration of justice. The reserve duty protects the purposes of criminal action, but also the physical, moral, freedom and the dignity of the target for the same." 

"Retired criminal investigation officers ... retain special rights, and as holders of an ID card for recognition of its quality and rights enjoyed [paragraphs 1 and and 2 of article 149 of the Organic Law of the Judicial Police and Ordinance No. 96/2002 31 January]."

 The Retirement Statute [approved by Decree-Law 498/72 of 9 December] establishes, from its original wording, the respective artº 74, paragraph 1, "the retired, and holder right to retirement pension, remains bound to the civil service, keeping the titles and the category of the position he held and the rights and duties that do not depend on active employment."

Highlighted in black,there was no lawsuit,it later became public information.
The judge pointed out that as the book was published only three days after the case was archived and the files released, Amaral must have used privileged access to information.

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Re: McCanns v Amaral trial is NOT LIBEL!

Post by OxfordBloo on 22.05.15 13:12

@Joss wrote:
@OxfordBloo wrote:
@Joss wrote:
@OxfordBloo wrote:
@BlueBag wrote:
WMD wrote:
@OxfordBloo wrote:
@BlueBag wrote:A judge's interpretation of the law can be overturned and has been many times in the past.

Anyone reading some posts in this thread would think there is no point appealing (or donating).

Dear Oxfordbloo... did you join this forum just to tell us that the judge got it right?

Have you been here before under another name?
The judge explains why a police officer does not have that protection for information gained because of his privilege and why such a retired officer is specifically banned by Portuguese law from accusing the innocent of being guilty. The laws are so clearly stated as to make a successful appeal unlikely. He may well be successful in challenging he amount of damages awarded.
But did the McCanns take him to court over this,if not how can it be found against him,that must surely be for another court.
That is exactly my point.

Disciplinary matters have no impact on the effect of the book on the McCanns and should not have been used as reason for awarding damages.

Anyone could have written that book and expressed the same opinions after the files were made public.

The right to publish the book had already been tested in Portuguese courts.
They are not 'disciplinary matters', but clear breaches of Portuguese civil law. The judge quoted exactly which laws were breached.
What the judge is talking about is under the banner of "Police Misconduct". The fact as you say the judge determined that GA had no business to write about his thesis of the investigation into MBM's disappearance being a retired PJ officer, sworn to secrecy or whatever an ex PJ officer is sworn to? If GA did in fact breach that law of course it stands to reason it was a matter of misconduct on his part. So will he be held to account for that?

Police Corruption and Misconduct







The violation of state and federal laws or the violation of individuals' constitutional rights by police officers; also when police commit crimes for personal gain.
Police misconduct and corruption are abuses of police authority. Sometimes used interchangeably, the terms refer to a wide range of procedural, criminal, and civil violations. Misconduct is the broadest category. Misconduct is "procedural" when it refers to police who violate police department rules and regulations; "criminal" when it refers to police who violate state and federal laws; "unconstitutional" when it refers to police who violate a citizen's Civil Rights; or any combination thereof. Common forms of misconduct are excessive use of physical or Deadly Force, discriminatory arrest, physical or verbal harassment, and selective enforcement of the law.
Directly above your post is the set of references to the Portuguese civil laws that Amaral breached. These are laws, not disciplinary matters.
BS.
But those are quotes directly from the judgement.

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Re: McCanns v Amaral trial is NOT LIBEL!

Post by Joss on 22.05.15 13:14

@OxfordBloo wrote:
WMD wrote:
@OxfordBloo wrote:Question: Is a retired police officer required to maintain the innocence of those not convicted and to maintain privileged information in confidence?

"In the case, Kate and Gerald McCann authors never ceased to benefit from presumption of innocence and the imperative of behavior that it puts on the national enforcement and judicial authorities and all its employees and agents." 

"The police have the responsibility of defending democratic legality, protecting internal security and citizens' rights" [artº 272 of the Portuguese Constitution]."

 "The Judicial Police is the upper body of criminal police assisting in the administration of justice, organized hierarchically depending on the Minister of Justice and supervised under the law "[article 1 of the Organic Law of the Judicial Police, approved by Decree-Law No. 275-A / 2000 of November 9 as amended by Decree-Law No. 235/2005, of 30 December, then in force]."

"Criminal investigation coordinators are criminal police authorities for the purposes of criminal procedural law [article 11 paragraph g) of the same Act]."

"Under the Disciplinary Regulations of the Judicial Police the duty of confidentiality is one of the general duties of members of the Judicial Police [paragraph e) of article 5 of the Regulation approved by Decree-Law No. 196/94, of 21 July]."

"Besides this general duty of confidentiality, the organic law imposes on employees in service at the judicial police a duty of reserve, precisely that "(...) can not make public disclosures related to lawsuits or reserved nature of the subject other than what is provided for herein on public information[/black] and preventive actions among the population and also the provisions of the criminal procedure law "[paragraph 2 of article 12]. Still admissible statements "(...) subject to prior authorization by the national director or the national Deputy Directors, on pain of disciplinary proceedings, without prejudice to any criminal liability that may place" [paragraph 3 of article 12]."

"This duty is a common functional requirement on Magistrates and the criminal police. As example, in the case of Prosecutors, the ordinary law postulates that it will remain after retirement, paragraph 7 of article 148 of the Statute that "retired officers are required to the reserve required by their condition."
It is a duty that is essential to the preservation of public confidence in the institutions of administration of justice. The reserve duty protects the purposes of criminal action, but also the physical, moral, freedom and the dignity of the target for the same." 

"Retired criminal investigation officers ... retain special rights, and as holders of an ID card for recognition of its quality and rights enjoyed [paragraphs 1 and and 2 of article 149 of the Organic Law of the Judicial Police and Ordinance No. 96/2002 31 January]."

 The Retirement Statute [approved by Decree-Law 498/72 of 9 December] establishes, from its original wording, the respective artº 74, paragraph 1, "the retired, and holder right to retirement pension, remains bound to the civil service, keeping the titles and the category of the position he held and the rights and duties that do not depend on active employment."

Highlighted in black,there was no lawsuit,it later became public information.
The judge pointed out that as the book was published only three days after the case was archived and the files released, Amaral must have used privileged access to information.
LOL, he was part of the investigation, and wouldn't need priveleged access.

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Re: McCanns v Amaral trial is NOT LIBEL!

Post by Guest on 22.05.15 13:14

@OxfordBloo wrote:
Directly above your post is the set of references to the Portuguese civil laws that Amaral breached. These are laws, not disciplinary matters.
I sort of see where you are coming from,but the judge seems to have found  against Amaral retrospectively concerning the law,if he had no right to write and have published then it should have been stopped at the start,the McCanns tried this, initially successful but overturned at the highest court,thereby allowing under their law to have it published.Seems on the face of it a good grounds for appeal.

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Re: McCanns v Amaral trial is NOT LIBEL!

Post by Joss on 22.05.15 13:15

@OxfordBloo wrote:
@Joss wrote:
@OxfordBloo wrote:
@Joss wrote:
@OxfordBloo wrote:
@BlueBag wrote:
WMD wrote:
@OxfordBloo wrote:
@BlueBag wrote:A judge's interpretation of the law can be overturned and has been many times in the past.

Anyone reading some posts in this thread would think there is no point appealing (or donating).

Dear Oxfordbloo... did you join this forum just to tell us that the judge got it right?

Have you been here before under another name?
The judge explains why a police officer does not have that protection for information gained because of his privilege and why such a retired officer is specifically banned by Portuguese law from accusing the innocent of being guilty. The laws are so clearly stated as to make a successful appeal unlikely. He may well be successful in challenging he amount of damages awarded.
But did the McCanns take him to court over this,if not how can it be found against him,that must surely be for another court.
That is exactly my point.

Disciplinary matters have no impact on the effect of the book on the McCanns and should not have been used as reason for awarding damages.

Anyone could have written that book and expressed the same opinions after the files were made public.

The right to publish the book had already been tested in Portuguese courts.
They are not 'disciplinary matters', but clear breaches of Portuguese civil law. The judge quoted exactly which laws were breached.
What the judge is talking about is under the banner of "Police Misconduct". The fact as you say the judge determined that GA had no business to write about his thesis of the investigation into MBM's disappearance being a retired PJ officer, sworn to secrecy or whatever an ex PJ officer is sworn to? If GA did in fact breach that law of course it stands to reason it was a matter of misconduct on his part. So will he be held to account for that?

Police Corruption and Misconduct









The violation of state and federal laws or the violation of individuals' constitutional rights by police officers; also when police commit crimes for personal gain.
Police misconduct and corruption are abuses of police authority. Sometimes used interchangeably, the terms refer to a wide range of procedural, criminal, and civil violations. Misconduct is the broadest category. Misconduct is "procedural" when it refers to police who violate police department rules and regulations; "criminal" when it refers to police who violate state and federal laws; "unconstitutional" when it refers to police who violate a citizen's Civil Rights; or any combination thereof. Common forms of misconduct are excessive use of physical or Deadly Force, discriminatory arrest, physical or verbal harassment, and selective enforcement of the law.
Directly above your post is the set of references to the Portuguese civil laws that Amaral breached. These are laws, not disciplinary matters.
BS.
But those are quotes directly from the judgement.
Yes, her judgement only!

____________________

Joss

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Re: McCanns v Amaral trial is NOT LIBEL!

Post by OxfordBloo on 22.05.15 13:18

@Joss wrote:
@OxfordBloo wrote:
WMD wrote:
@OxfordBloo wrote:Question: Is a retired police officer required to maintain the innocence of those not convicted and to maintain privileged information in confidence?

"In the case, Kate and Gerald McCann authors never ceased to benefit from presumption of innocence and the imperative of behavior that it puts on the national enforcement and judicial authorities and all its employees and agents." 

"The police have the responsibility of defending democratic legality, protecting internal security and citizens' rights" [artº 272 of the Portuguese Constitution]."

 "The Judicial Police is the upper body of criminal police assisting in the administration of justice, organized hierarchically depending on the Minister of Justice and supervised under the law "[article 1 of the Organic Law of the Judicial Police, approved by Decree-Law No. 275-A / 2000 of November 9 as amended by Decree-Law No. 235/2005, of 30 December, then in force]."

"Criminal investigation coordinators are criminal police authorities for the purposes of criminal procedural law [article 11 paragraph g) of the same Act]."

"Under the Disciplinary Regulations of the Judicial Police the duty of confidentiality is one of the general duties of members of the Judicial Police [paragraph e) of article 5 of the Regulation approved by Decree-Law No. 196/94, of 21 July]."

"Besides this general duty of confidentiality, the organic law imposes on employees in service at the judicial police a duty of reserve, precisely that "(...) can not make public disclosures related to lawsuits or reserved nature of the subject other than what is provided for herein on public information[/black] and preventive actions among the population and also the provisions of the criminal procedure law "[paragraph 2 of article 12]. Still admissible statements "(...) subject to prior authorization by the national director or the national Deputy Directors, on pain of disciplinary proceedings, without prejudice to any criminal liability that may place" [paragraph 3 of article 12]."

"This duty is a common functional requirement on Magistrates and the criminal police. As example, in the case of Prosecutors, the ordinary law postulates that it will remain after retirement, paragraph 7 of article 148 of the Statute that "retired officers are required to the reserve required by their condition."
It is a duty that is essential to the preservation of public confidence in the institutions of administration of justice. The reserve duty protects the purposes of criminal action, but also the physical, moral, freedom and the dignity of the target for the same." 

"Retired criminal investigation officers ... retain special rights, and as holders of an ID card for recognition of its quality and rights enjoyed [paragraphs 1 and and 2 of article 149 of the Organic Law of the Judicial Police and Ordinance No. 96/2002 31 January]."

 The Retirement Statute [approved by Decree-Law 498/72 of 9 December] establishes, from its original wording, the respective artº 74, paragraph 1, "the retired, and holder right to retirement pension, remains bound to the civil service, keeping the titles and the category of the position he held and the rights and duties that do not depend on active employment."

Highlighted in black,there was no lawsuit,it later became public information.
The judge pointed out that as the book was published only three days after the case was archived and the files released, Amaral must have used privileged access to information.
LOL, he was part of the investigation, and wouldn't need priveleged access.
Being part of the investigation was the fact that made the information he acquired privileged.

OxfordBloo

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Re: McCanns v Amaral trial is NOT LIBEL!

Post by Joss on 22.05.15 13:22

WMD wrote:
@OxfordBloo wrote:
Directly above your post is the set of references to the Portuguese civil laws that Amaral breached. These are laws, not disciplinary matters.
I sort of see where you are coming from,but the judge seems to have found  against Amaral retrospectively concerning the law,if he had no right to write and have published then it should have been stopped at the start,the McCanns tried this, initially successful but overturned at the highest court,thereby allowing under their law to have it published.Seems on the face of it a good grounds for appeal.
All of this is a bit of a paradox. This was not a libel trial, but there would have been no damages trial without the libel part of it. The libel part was not proven, so therefore how could this particular judge find any cause for damages that were also not proven? If GA's book had in no way harmed the McC's as was determined by the appeals court, then the rest of this makes no sense.
I remember reading and posting on here a while back that it was expected the judge would legally have to uphold the verdict of the appeals court. So yes, i believe GA has very good grounds for appeal, again.

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Re: McCanns v Amaral trial is NOT LIBEL!

Post by OxfordBloo on 22.05.15 13:23

@Joss wrote:
@OxfordBloo wrote:
@Joss wrote:
@OxfordBloo wrote:
@Joss wrote:
@OxfordBloo wrote:
@BlueBag wrote:
WMD wrote:
@OxfordBloo wrote:
@BlueBag wrote:A judge's interpretation of the law can be overturned and has been many times in the past.

Anyone reading some posts in this thread would think there is no point appealing (or donating).

Dear Oxfordbloo... did you join this forum just to tell us that the judge got it right?

Have you been here before under another name?
The judge explains why a police officer does not have that protection for information gained because of his privilege and why such a retired officer is specifically banned by Portuguese law from accusing the innocent of being guilty. The laws are so clearly stated as to make a successful appeal unlikely. He may well be successful in challenging he amount of damages awarded.
But did the McCanns take him to court over this,if not how can it be found against him,that must surely be for another court.
That is exactly my point.

Disciplinary matters have no impact on the effect of the book on the McCanns and should not have been used as reason for awarding damages.

Anyone could have written that book and expressed the same opinions after the files were made public.

The right to publish the book had already been tested in Portuguese courts.
They are not 'disciplinary matters', but clear breaches of Portuguese civil law. The judge quoted exactly which laws were breached.
What the judge is talking about is under the banner of "Police Misconduct". The fact as you say the judge determined that GA had no business to write about his thesis of the investigation into MBM's disappearance being a retired PJ officer, sworn to secrecy or whatever an ex PJ officer is sworn to? If GA did in fact breach that law of course it stands to reason it was a matter of misconduct on his part. So will he be held to account for that?

Police Corruption and Misconduct









The violation of state and federal laws or the violation of individuals' constitutional rights by police officers; also when police commit crimes for personal gain.
Police misconduct and corruption are abuses of police authority. Sometimes used interchangeably, the terms refer to a wide range of procedural, criminal, and civil violations. Misconduct is the broadest category. Misconduct is "procedural" when it refers to police who violate police department rules and regulations; "criminal" when it refers to police who violate state and federal laws; "unconstitutional" when it refers to police who violate a citizen's Civil Rights; or any combination thereof. Common forms of misconduct are excessive use of physical or Deadly Force, discriminatory arrest, physical or verbal harassment, and selective enforcement of the law.
Directly above your post is the set of references to the Portuguese civil laws that Amaral breached. These are laws, not disciplinary matters.
BS.
But those are quotes directly from the judgement.
Yes, her judgement only!

OxfordBloo

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Re: McCanns v Amaral trial is NOT LIBEL!

Post by Joss on 22.05.15 13:24

@OxfordBloo wrote:
@Joss wrote:
@OxfordBloo wrote:
WMD wrote:
@OxfordBloo wrote:Question: Is a retired police officer required to maintain the innocence of those not convicted and to maintain privileged information in confidence?

"In the case, Kate and Gerald McCann authors never ceased to benefit from presumption of innocence and the imperative of behavior that it puts on the national enforcement and judicial authorities and all its employees and agents." 

"The police have the responsibility of defending democratic legality, protecting internal security and citizens' rights" [artº 272 of the Portuguese Constitution]."

 "The Judicial Police is the upper body of criminal police assisting in the administration of justice, organized hierarchically depending on the Minister of Justice and supervised under the law "[article 1 of the Organic Law of the Judicial Police, approved by Decree-Law No. 275-A / 2000 of November 9 as amended by Decree-Law No. 235/2005, of 30 December, then in force]."

"Criminal investigation coordinators are criminal police authorities for the purposes of criminal procedural law [article 11 paragraph g) of the same Act]."

"Under the Disciplinary Regulations of the Judicial Police the duty of confidentiality is one of the general duties of members of the Judicial Police [paragraph e) of article 5 of the Regulation approved by Decree-Law No. 196/94, of 21 July]."

"Besides this general duty of confidentiality, the organic law imposes on employees in service at the judicial police a duty of reserve, precisely that "(...) can not make public disclosures related to lawsuits or reserved nature of the subject other than what is provided for herein on public information[/black] and preventive actions among the population and also the provisions of the criminal procedure law "[paragraph 2 of article 12]. Still admissible statements "(...) subject to prior authorization by the national director or the national Deputy Directors, on pain of disciplinary proceedings, without prejudice to any criminal liability that may place" [paragraph 3 of article 12]."

"This duty is a common functional requirement on Magistrates and the criminal police. As example, in the case of Prosecutors, the ordinary law postulates that it will remain after retirement, paragraph 7 of article 148 of the Statute that "retired officers are required to the reserve required by their condition."
It is a duty that is essential to the preservation of public confidence in the institutions of administration of justice. The reserve duty protects the purposes of criminal action, but also the physical, moral, freedom and the dignity of the target for the same." 

"Retired criminal investigation officers ... retain special rights, and as holders of an ID card for recognition of its quality and rights enjoyed [paragraphs 1 and and 2 of article 149 of the Organic Law of the Judicial Police and Ordinance No. 96/2002 31 January]."

 The Retirement Statute [approved by Decree-Law 498/72 of 9 December] establishes, from its original wording, the respective artº 74, paragraph 1, "the retired, and holder right to retirement pension, remains bound to the civil service, keeping the titles and the category of the position he held and the rights and duties that do not depend on active employment."

Highlighted in black,there was no lawsuit,it later became public information.
The judge pointed out that as the book was published only three days after the case was archived and the files released, Amaral must have used privileged access to information.
LOL, he was part of the investigation, and wouldn't need priveleged access.
Being part of the investigation was the fact that made the information he acquired privileged.
It was all in the public domain.

____________________

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Re: McCanns v Amaral trial is NOT LIBEL!

Post by OxfordBloo on 22.05.15 13:26

@Joss wrote:
@OxfordBloo wrote:
@Joss wrote:
@OxfordBloo wrote:
@Joss wrote:
@OxfordBloo wrote:
@BlueBag wrote:
WMD wrote:
@OxfordBloo wrote:
@BlueBag wrote:A judge's interpretation of the law can be overturned and has been many times in the past.

Anyone reading some posts in this thread would think there is no point appealing (or donating).

Dear Oxfordbloo... did you join this forum just to tell us that the judge got it right?

Have you been here before under another name?
The judge explains why a police officer does not have that protection for information gained because of his privilege and why such a retired officer is specifically banned by Portuguese law from accusing the innocent of being guilty. The laws are so clearly stated as to make a successful appeal unlikely. He may well be successful in challenging he amount of damages awarded.
But did the McCanns take him to court over this,if not how can it be found against him,that must surely be for another court.
That is exactly my point.

Disciplinary matters have no impact on the effect of the book on the McCanns and should not have been used as reason for awarding damages.

Anyone could have written that book and expressed the same opinions after the files were made public.

The right to publish the book had already been tested in Portuguese courts.
They are not 'disciplinary matters', but clear breaches of Portuguese civil law. The judge quoted exactly which laws were breached.
What the judge is talking about is under the banner of "Police Misconduct". The fact as you say the judge determined that GA had no business to write about his thesis of the investigation into MBM's disappearance being a retired PJ officer, sworn to secrecy or whatever an ex PJ officer is sworn to? If GA did in fact breach that law of course it stands to reason it was a matter of misconduct on his part. So will he be held to account for that?

Police Corruption and Misconduct









The violation of state and federal laws or the violation of individuals' constitutional rights by police officers; also when police commit crimes for personal gain.
Police misconduct and corruption are abuses of police authority. Sometimes used interchangeably, the terms refer to a wide range of procedural, criminal, and civil violations. Misconduct is the broadest category. Misconduct is "procedural" when it refers to police who violate police department rules and regulations; "criminal" when it refers to police who violate state and federal laws; "unconstitutional" when it refers to police who violate a citizen's Civil Rights; or any combination thereof. Common forms of misconduct are excessive use of physical or Deadly Force, discriminatory arrest, physical or verbal harassment, and selective enforcement of the law.
Directly above your post is the set of references to the Portuguese civil laws that Amaral breached. These are laws, not disciplinary matters.
BS.
But those are quotes directly from the judgement.
Yes, her judgement only!

OxfordBloo

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Re: McCanns v Amaral trial is NOT LIBEL!

Post by OxfordBloo on 22.05.15 13:29

They are not the Judge's opinion but direct quotes from Portuguese laws as passed by their legislature.

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Re: McCanns v Amaral trial is NOT LIBEL!

Post by Joss on 22.05.15 13:30

Goncalo Amaral first launched his book on the 24th. of July 2008. Where does the judge get the 3 day thing from?

[color:81f6=000000]On 24 July 2008, Gonçalo Amaral launches his book 'A Verdade da Mentira', 'Maddie: The Truth Of The Lie', in Lisbon. Its publication was met with a furious reaction from the McCanns and the UK press.

This page contains an overall summary of the book, with some chapter summaries.

See also further pages covering the
[color:81f6=000000]launch of the book
and its continued [color:81f6=000000]publication throughout Europe, apart from the UK.

[color:81f6=000000][color:81f6=000000]http://www.mccannfiles.com/id137.html

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Re: McCanns v Amaral trial is NOT LIBEL!

Post by OxfordBloo on 22.05.15 13:33

@Joss wrote:Goncalo Amaral first launched his book on the 24th. of July 2008. Where does the judge get the 3 day thing from?

On 24 July 2008, Gonçalo Amaral launches his book 'A Verdade da Mentira', 'Maddie: The Truth Of The Lie', in Lisbon. Its publication was met with a furious reaction from the McCanns and the UK press.

This page contains an overall summary of the book, with some chapter summaries.

See also further pages covering the
launch of the book and its continued publication throughout Europe, apart from the UK.

http://www.mccannfiles.com/id137.html
The case was archived on 21 July 2008

http://www.mccannfiles.com/id136.html

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Re: McCanns v Amaral trial is NOT LIBEL!

Post by Joss on 22.05.15 13:38

@OxfordBloo wrote:They are not the Judge's opinion but direct quotes from Portuguese laws as passed by their legislature.
I have only seen the translated versions of what the judge said. Didn't she base this judgement on jurisprudence?


Jurisprudence

From the Latin term juris prudentia, which means "the study, knowledge, or science of law"; in the United States, more broadly associated with the philosophy of law.
Legal philosophy has many branches, with four types being the most common. The most prevalent form of jurisprudence seeks to analyze, explain, classify, and criticize entire bodies of law, ranging from contract to tort to Constitutional Law. Legal encyclopedias, law reviews, and law school textbooks frequently contain this type of jurisprudential scholarship.The second type of jurisprudence compares and contrasts law with other fields of knowledge such as literature, economics, religion, and the social sciences. The purpose of this type of study is to enlighten each field of knowledge by sharing insights that have proven to be important in advancing essential features of the compared discipline.
http://legal-dictionary.thefreedictionary.com/jurisprudence

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Re: McCanns v Amaral trial is NOT LIBEL!

Post by OxfordBloo on 22.05.15 13:42

@Joss wrote:
@OxfordBloo wrote:They are not the Judge's opinion but direct quotes from Portuguese laws as passed by their legislature.
I have only seen the translated versions of what the judge said. Didn't she base this judgement on jurisprudence?


Jurisprudence



From the Latin term juris prudentia, which means "the study, knowledge, or science of law"; in the United States, more broadly associated with the philosophy of law.
Legal philosophy has many branches, with four types being the most common. The most prevalent form of jurisprudence seeks to analyze, explain, classify, and criticize entire bodies of law, ranging from contract to tort to Constitutional Law. Legal encyclopedias, law reviews, and law school textbooks frequently contain this type of jurisprudential scholarship.The second type of jurisprudence compares and contrasts law with other fields of knowledge such as literature, economics, religion, and the social sciences. The purpose of this type of study is to enlighten each field of knowledge by sharing insights that have proven to be important in advancing essential features of the compared discipline.
http://legal-dictionary.thefreedictionary.com/jurisprudence
No. She based it on clear Portuguese laws.

The jurisprudence argued as regarding the exclusion of libel.

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Re: McCanns v Amaral trial is NOT LIBEL!

Post by Joss on 22.05.15 13:47

@OxfordBloo wrote:
@Joss wrote:Goncalo Amaral first launched his book on the 24th. of July 2008. Where does the judge get the 3 day thing from?

On 24 July 2008, Gonçalo Amaral launches his book 'A Verdade da Mentira', 'Maddie: The Truth Of The Lie', in Lisbon. Its publication was met with a furious reaction from the McCanns and the UK press.

This page contains an overall summary of the book, with some chapter summaries.

See also further pages covering the
launch of the book and its continued publication throughout Europe, apart from the UK.

http://www.mccannfiles.com/id137.html
The case was archived on 21 July 2008

http://www.mccannfiles.com/id136.html
Yep, my bad.

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Re: McCanns v Amaral trial is NOT LIBEL!

Post by Joss on 22.05.15 13:52

@OxfordBloo wrote:
@Joss wrote:
@OxfordBloo wrote:They are not the Judge's opinion but direct quotes from Portuguese laws as passed by their legislature.
I have only seen the translated versions of what the judge said. Didn't she base this judgement on jurisprudence?


Jurisprudence





From the Latin term juris prudentia, which means "the study, knowledge, or science of law"; in the United States, more broadly associated with the philosophy of law.
Legal philosophy has many branches, with four types being the most common. The most prevalent form of jurisprudence seeks to analyze, explain, classify, and criticize entire bodies of law, ranging from contract to tort to Constitutional Law. Legal encyclopedias, law reviews, and law school textbooks frequently contain this type of jurisprudential scholarship.The second type of jurisprudence compares and contrasts law with other fields of knowledge such as literature, economics, religion, and the social sciences. The purpose of this type of study is to enlighten each field of knowledge by sharing insights that have proven to be important in advancing essential features of the compared discipline.
http://legal-dictionary.thefreedictionary.com/jurisprudence
No. She based it on clear Portuguese laws.

The jurisprudence argued as regarding the exclusion of libel.
How can the judge exclude libel when the damages was because of the said libel. Otherwise there would of been no damages case. It was due to what GA said in his book, all of it, the damages & the libel that caused said damages. You can't have one without the other.

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Re: McCanns v Amaral trial is NOT LIBEL!

Post by Richard IV on 22.05.15 13:53

Not sure where OxfordBloo got this from

""Retired criminal investigation officers ... retain special rights, and as holders of an ID card for recognition of its quality and rights enjoyed [paragraphs 1 and and 2 of article 149 of the Organic Law of the Judicial Police and Ordinance No. 96/2002 31 January]."

 The Retirement Statute [approved by Decree-Law 498/72 of 9 December] establishes, from its original wording, the respective artº 74, paragraph 1, "the retired, and holder right to retirement pension, remains bound to the civil service, keeping the titles and the category of the position he held and the rights and duties that do not depend on active employment."


But if legit, it seems GA was still bound under the police retirement law if he continued to receive a pension from them.  

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Re: McCanns v Amaral trial is NOT LIBEL!

Post by OxfordBloo on 22.05.15 13:53

@Joss wrote:
@OxfordBloo wrote:
@Joss wrote:Goncalo Amaral first launched his book on the 24th. of July 2008. Where does the judge get the 3 day thing from?

On 24 July 2008, Gonçalo Amaral launches his book 'A Verdade da Mentira', 'Maddie: The Truth Of The Lie', in Lisbon. Its publication was met with a furious reaction from the McCanns and the UK press.

This page contains an overall summary of the book, with some chapter summaries.

See also further pages covering the
launch of the book and its continued publication throughout Europe, apart from the UK.

http://www.mccannfiles.com/id137.html
The case was archived on 21 July 2008

http://www.mccannfiles.com/id136.html
Yep, my bad.
No problem

So the judge decide that as the book was written, printed, bound and delivered for sale within three days, Amaral must have used his privileged information to write the book.

Now the judge quotes the law requiring police officers to keep such information secret and never divulge it, an quotes further legislation showing that the duty continues with retired officers. Additionally such persons are forbidden to say that innocent people are guilty.

All of this is sourced to current Portuguese law.

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Re: McCanns v Amaral trial is NOT LIBEL!

Post by OxfordBloo on 22.05.15 13:55

@Joss wrote:
@OxfordBloo wrote:
@Joss wrote:
@OxfordBloo wrote:They are not the Judge's opinion but direct quotes from Portuguese laws as passed by their legislature.
I have only seen the translated versions of what the judge said. Didn't she base this judgement on jurisprudence?


Jurisprudence







From the Latin term juris prudentia, which means "the study, knowledge, or science of law"; in the United States, more broadly associated with the philosophy of law.
Legal philosophy has many branches, with four types being the most common. The most prevalent form of jurisprudence seeks to analyze, explain, classify, and criticize entire bodies of law, ranging from contract to tort to Constitutional Law. Legal encyclopedias, law reviews, and law school textbooks frequently contain this type of jurisprudential scholarship.The second type of jurisprudence compares and contrasts law with other fields of knowledge such as literature, economics, religion, and the social sciences. The purpose of this type of study is to enlighten each field of knowledge by sharing insights that have proven to be important in advancing essential features of the compared discipline.
http://legal-dictionary.thefreedictionary.com/jurisprudence
No. She based it on clear Portuguese laws.

The jurisprudence argued as regarding the exclusion of libel.
How can the judge exclude libel when the damages was because of the said libel. Otherwise there would of been no damages case. It was due to what GA said in his book, all of it, the damages & the libel that caused said damages. You can't have one without the other.
It was not a libel case.

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Re: McCanns v Amaral trial is NOT LIBEL!

Post by OxfordBloo on 22.05.15 13:58

@Richard IV wrote:Not sure where OxfordBloo got this from

""Retired criminal investigation officers ... retain special rights, and as holders of an ID card for recognition of its quality and rights enjoyed [paragraphs 1 and and 2 of article 149 of the Organic Law of the Judicial Police and Ordinance No. 96/2002 31 January]."

 The Retirement Statute [approved by Decree-Law 498/72 of 9 December] establishes, from its original wording, the respective artº 74, paragraph 1, "the retired, and holder right to retirement pension, remains bound to the civil service, keeping the titles and the category of the position he held and the rights and duties that do not depend on active employment."


But if legit, it seems GA was still bound under the police retirement law if he continued to receive a pension from them.  
It is part of the Judgement, just after the similar references to the laws that require police officers to maintain the confidence of privileged information and to maintain the innocent status of people not found guilty.

All in the judgement. Not my ideas.

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Re: McCanns v Amaral trial is NOT LIBEL!

Post by TheTruthWillOut on 22.05.15 13:59

Can Amaral now sue every UK publication that have reported the case has a libel trial? Semantics works both ways.

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Re: McCanns v Amaral trial is NOT LIBEL!

Post by Joss on 22.05.15 14:00

@OxfordBloo wrote:They are not the Judge's opinion but direct quotes from Portuguese laws as passed by their legislature.
Where on the internet are these laws from Portugal stated on any legal websites, apart from what the judge said?
The laws that are in question here are the ones you quote the judge determined that GA was not allowed to state his opinions from the investigation because of his being an ex PJ officer, and sworn to some type of secrecy, so a big no no for him to have written his book. Also that according to what you cite the judge states, that GA accused the McC's of being guilty of certain crimes in the case of their missing child, and should of upheld  that the McC's were innocent until proven guilty. Apart from that i think its all pretty straightforward.
I think i understand the gist of your posts?

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Re: McCanns v Amaral trial is NOT LIBEL!

Post by Joss on 22.05.15 14:01

@OxfordBloo wrote:
@Joss wrote:
@OxfordBloo wrote:
@Joss wrote:
@OxfordBloo wrote:They are not the Judge's opinion but direct quotes from Portuguese laws as passed by their legislature.
I have only seen the translated versions of what the judge said. Didn't she base this judgement on jurisprudence?


Jurisprudence









From the Latin term juris prudentia, which means "the study, knowledge, or science of law"; in the United States, more broadly associated with the philosophy of law.
Legal philosophy has many branches, with four types being the most common. The most prevalent form of jurisprudence seeks to analyze, explain, classify, and criticize entire bodies of law, ranging from contract to tort to Constitutional Law. Legal encyclopedias, law reviews, and law school textbooks frequently contain this type of jurisprudential scholarship.The second type of jurisprudence compares and contrasts law with other fields of knowledge such as literature, economics, religion, and the social sciences. The purpose of this type of study is to enlighten each field of knowledge by sharing insights that have proven to be important in advancing essential features of the compared discipline.
http://legal-dictionary.thefreedictionary.com/jurisprudence
No. She based it on clear Portuguese laws.

The jurisprudence argued as regarding the exclusion of libel.
How can the judge exclude libel when the damages was because of the said libel. Otherwise there would of been no damages case. It was due to what GA said in his book, all of it, the damages & the libel that caused said damages. You can't have one without the other.
It was not a libel case.
No, it was a damages because of the libel case, about what GA said, because if he hadn't of said anything there wouldn't of been a case or trial.

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