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Amaral has filed for an appeal against the McCanns

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Re: Amaral has filed for an appeal against the McCanns

Post by PeterMac on 15.06.15 13:00

http://pjga.blogspot.nl/2015/06/update-appeal-filed.html?m=1
15 Jun 2015
Update: Appeal filed

Gonçalo Amaral's appeal in the civil case that has been presented against him by the McCann family has been filed this morning.

Thank you to each and every one of you that has shown support for Mr Amaral. There are no words to adequately express our gratitude.

We will keep you updated on any developments.

Thank you so very much.

astro at Monday, June 15, 2015

How long before the MSM report it ? (Rhetorical, obviously !)

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Re: Amaral has filed for an appeal against the McCanns

Post by jeanmonroe on 15.06.15 13:42

'thought' GA didn't have any 'money' for appeal?

That's what the McS and UK 'establishment' also 'thought' (and prayed for?), imo.

But then, 'serving' MPS officers 'donated' £1,000 to his lawyer's 'appeal' fund!

Along with many, many, other 'donators'!

I 'wonder' what DCI Wall 'thinks' of the MPS officers' generosity towards a former PJ SIO 'appeal', investigating what 'happened' to the child, she is also 'investigating', to establish the material truth about the 'missing' child's 'disappearance'?

Is it a 'quandry', for DCI Wall, or, a 'dilemma'?

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Re: Amaral has filed for an appeal against the McCanns

Post by Carrry On Doctor on 15.06.15 13:43

Excellent News, we are 100 % behind you GA.

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Re: Amaral has filed for an appeal against the McCanns

Post by whatsupdoc on 15.06.15 13:55

Excellent news.

thumbsup

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Re: Amaral has filed for an appeal against the McCanns

Post by Gaggzy on 15.06.15 14:09

He won his previous appeal against the saintly McCanns over the banning of his book.   woohooo

I'd put big money on him being successful once again.    youaretheman



(I love a bet, I wonder if Paddy Power are opening a book on this one).   fingers crossed

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Re: Amaral has filed for an appeal against the McCanns

Post by sallypelt on 15.06.15 14:13

I don't want to appear to be pedantic, but I posted the Appeal thread before this one. Never mind spin

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Re: Amaral has filed for an appeal against the McCanns

Post by Get'emGonçalo on 15.06.15 14:17

@sallypelt wrote:I don't want to appear to be pedantic, but I posted the Appeal thread before this one. Never mind spin
This thread had more comments on it so I'm afraid your thread was deleted. roses

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Re: Amaral has filed for an appeal against the McCanns

Post by Joss on 15.06.15 14:35

Excellent news, smilie

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Re: Amaral has filed for an appeal against the McCanns

Post by lj on 15.06.15 14:39

Good Luck Dr. Amaral! 
We beleieve in you and in justice!


Passed the $29,000!

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Re: Amaral has filed for an appeal against the McCanns

Post by jeanmonroe on 15.06.15 14:42

@sallypelt wrote:I don't want to appear to be pedantic, but I posted the Appeal thread before this one. Never mind spin

Thanx sallypelt. roses

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Freedom of speech - Today's Magna Carta google gif.

Post by PeterMac on 15.06.15 14:54


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Re: Amaral has filed for an appeal against the McCanns

Post by jeanmonroe on 15.06.15 17:03

http://portugalresident.com/maddie-cop-launches-appeal-against-mccann%E2%80%99s-record-damages-%E2%80%98win%E2%80%99-of-%E2%82%AC500000

Posted by portugalpress on June 15, 2015

Maddie cop launches appeal against McCann’s record damages ‘win’ of €500,000

Following a huge crowd-funding drive that has raised over £29,000 from well-wishers almost exclusively from the UK, former police inspector Gonçalo Amaral has today filed his appeal against the €500,000-plus damages awarded against him in a civil case taken out by the parents of Madeleine McCann.
The Projecto Justiça Gonçalo Amaral published the news this morning, thanking “each and every one” of the nearly 2000 people who have given money to the British gofundme appeal that has helped take Amaral’s legal fight to its next stage. As the message went out, donations continued apace - with over £390 raised in a matter of hours. Several of the day’s donors commented this was “news worth celebrating”, but more than one suggested the story is “unlikely to be covered by mainstream media”.
Indeed, by coincidence British media is much more focused today on Madeleine’s mother Kate who is leading a bike ride for a missing people’s charity. Kate McCann has told reporters that she is “really encouraged” by progress being made by police in the eight-year hunt for her daughter. Meantime, the gofundme appeal - started by a young Birmingham woman who was only 14 when Madeleine went missing - is set to continue.
Updates are promised - though with the speed of Portuguese justice it is anyone’s guess when Amaral’s appeal will be set a date for hearing. As readers may be aware, the long-running civil case taken out by Madeleine’s parents centred on claims Amaral made in his book The Truth of the Lie in which he suggested the McCanns had faked their daughter’s abduction. The McCann’s said the book caused them “devastation, desperation, anxiety and pain”. Amaral’s supporters however claim they “will not let this case pass into obscurity” and “do not tolerate the leaving of unanswered questions”.

natasha.donn@algarveresident.com
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"Indeed, by coincidence, British media is much more focused today on Madeleine’s mother Kate...."

WTF?

INDEED, YET 'another' COINCIDENCE, Kate? winkwink

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Re: Amaral has filed for an appeal against the McCanns

Post by Cora on 15.06.15 18:21

Yet another co-incidence.  NOT.

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Re: Amaral has filed for an appeal against the McCanns

Post by Montclair on 15.06.15 19:14


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Re: Amaral has filed for an appeal against the McCanns

Post by Nina on 15.06.15 19:18

15 Jun 2015 A Note of Gratitude
Dear friends,
Today, the 15th of June, my appeal against the sentence that has recently been produced in the trial concerning my book, "Maddie, A Verdade da Mentira", was filed at the Civil Court of Lisbon.
Now I serenely await the Appellate Court's decision, reaffirming my confidence in Portuguese Justice.
The wave of solidarity that was generated to support me has been very moving and makes me feel extremely humble. I am so very grateful to each and every one of you, who have supported me and continue to do so; none of this would have been possible without you.
Winston Churchill said: "All the great things are simple, and many can be expressed in a single word: freedom; justice; honour; duty; mercy; hope."
Truth is also simple. It is truth that guides me, and it will continue to do so, in its simplicity and greatness.
Thank you very much.
Gonçalo de Sousa Amaral

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Re: Amaral has filed for an appeal against the McCanns

Post by aiyoyo on 16.06.15 9:35


Thank you Montclair. Any idea (by chance) what ground the appeal was filed on?

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Last time he appealed

Post by PeterMac on 16.06.15 10:27

Always worth remembering what happened the last time Dr Amaral appealed against a decision of a lower court,

http://www.gerrymccannsblogs.co.uk/court_docs.htm
heavily snipped
. . . The content of the book does not offend any of the applicants' fundamental rights.

The exercise of its writing and publication is included in the constitutional rights that are secured to everyone by the European Convention on Human Rights and by the Portuguese Republic's Constitution, namely in its articles 37º and 38º.

As we arrive at this point, we conclude that the decision that was made by the Court a quo must be revoked, and the analysis of the other issues that are placed under appeal are not justified, as they are considered prejudiced.
The appeal by defendant Dr. Goncalo Amaral is sustained.
The other appeals are not taken into consideration, as it is understood that their appreciation is prejudiced - article 660º, no 2, of the Civil Process Code.

III - Decision
In harmony with what is written above, under the terms of the cited dispositions, the Judges at this Appeals Court declare the validity of the appeal filed by defendant Dr. Goncalo Amaral, and the sentence of the Court a quo is revoked, its disposition replaced by the following:

The injunction is deemed not valid because it was not proved.
Furthermore we deliberate that we do not acknowledge the rest of the appeals.

Costs to be paid by the appealed parties [the McCann couple and their three children].

Lisbon and Appeals Court, 14.10.2010

It is worth a serious read, as the translator has appended a detailed explanation of each point, and why each had to be rejected under Portuguese Law
He/she also explains why the making of the Parents 'arguidos' was a legal necessity, not implying anything, but was done,
[as with an English Caution] to PROTECT the rights of the person being questioned.

I wonder if they have paid the costs of that one yet.

Portuguese Law is based on Roman law, rather than Common Law.  As such precedents are not as binding as they are in the English system
Nevertheless they are cited and relied upon heavily.
Difficult to see therefore how an equivalent court can find against Dr Amaral.
It would leave him in the ludicrous position of simultaneously having the right, and not having the right, to publish his book

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Re: Amaral has filed for an appeal against the McCanns

Post by Joss on 16.06.15 15:34

@PeterMac wrote:Always worth remembering what happened the last time Dr Amaral appealed against a decision of a lower court,

http://www.gerrymccannsblogs.co.uk/court_docs.htm
heavily snipped
. . . The content of the book does not offend any of the applicants' fundamental rights.

The exercise of its writing and publication is included in the constitutional rights that are secured to everyone by the European Convention on Human Rights and by the Portuguese Republic's Constitution, namely in its articles 37º and 38º.

As we arrive at this point, we conclude that the decision that was made by the Court a quo must be revoked, and the analysis of the other issues that are placed under appeal are not justified, as they are considered prejudiced.
The appeal by defendant Dr. Goncalo Amaral is sustained.
The other appeals are not taken into consideration, as it is understood that their appreciation is prejudiced - article 660º, no 2, of the Civil Process Code.

III - Decision
In harmony with what is written above, under the terms of the cited dispositions, the Judges at this Appeals Court declare the validity of the appeal filed by defendant Dr. Goncalo Amaral, and the sentence of the Court a quo is revoked, its disposition replaced by the following:

The injunction is deemed not valid because it was not proved.
Furthermore we deliberate that we do not acknowledge the rest of the appeals.

Costs to be paid by the appealed parties [the McCann couple and their three children].

Lisbon and Appeals Court, 14.10.2010

It is worth a serious read, as the translator has appended a detailed explanation of each point, and why each had to be rejected under Portuguese Law
He/she also explains why the making of the Parents 'arguidos' was a legal necessity, not implying anything, but was done,
[as with an English Caution] to PROTECT the rights of the person being questioned.

I wonder if they have paid the costs of that one yet.

Portuguese Law is based on Roman law, rather than Common Law.  As such precedents are not as binding as they are in the English system
Nevertheless they are cited and relied upon heavily.
Difficult to see therefore how an equivalent court can find against Dr Amaral.
It would leave him in the ludicrous position of simultaneously having the right, and not having the right, to publish his book
Exactly.

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