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McCanns appealing to Supreme Court

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McCanns appealing to Supreme Court

Post by Patience on 25.05.16 10:39

http://algarvenewswatch.blogspot.com.es/2016/05/mccanns-appealing-to-supreme-court.html?spref=tw

Wednesday, May 25, 2016



[size=30]McCanns appealing to Supreme Court[/size]



[size=21]          
      - Privacy versus freedom of expression -


The lawyer for Kate and Gerry McCann has filed an appeal in Portugal’s Supreme Court following last month’s Appellate Court decision in favour of Gonçalo Amaral.
This is the latest move in the long-running civil action over the former lead detective’s controversial book about Madeleine McCann’s disappearance in 2007.
The court last month overturned an earlier decision to award half a million euros in damages to the McCanns. The Supreme Court review is expected to focus mainly on legal aspects of the case rather than material issues.
The lifting of both the damages ruling and the ban on further publication of the book was seen as a highly significant decision within traditional areas of conflict: the right to honour and privacy on the one hand, and to freedom of expression and opinion on the other
Freedom of expression is a fundamental right enshrined in the Portuguese constitution that applies to every citizen, but it comes with certain constraints.
While everyone has a right to express and to publicise their thoughts in words, image or by any other means, the constitution also states that everyone has a right to a good name and reputation and to the protection of the intimacy of private and family life.
The media have the right - indeed it is their social function - to spread news and give critical or non-critical opinions. It is important that they do so with respect for the truth and for the intangible rights of others, said the three appeal judges in this case last month.
Amaral in his book, The Truth of the Lie, not only included facts that were evidence in the inquiry into the disappearance of Madeleine McCann, but aired his opinion that Madeleine was not abducted. He suggested that she died accidentally and that her parents covered this up by concealing her body and making up a false story.
The facts of the case in the form of evidence in police files had already been widely published in newspapers and on the Internet as a result of an initiative by the office of Portugal’s prosecutor general. Amaral had the legitimate right to describe and interpret these facts.
The allegation expressed in his book that the McCanns were involved in a cover-up was not new either. It was already in the public domain as it was contained in the police files and was the basis upon which the couple had been declared official suspects, arguidos, in the original investigation.
The judges indicated that the McCanns had voluntarily limited their rights to privacy by making themselves available to the national and international media to which they had easy access. In effect they opened the way for anyone to debate and express opinions about the case, including opinions that contradicted their own.
In essence, the appeal judges ruled that the McCanns rights had not been infringed and that Amaral’s book was a lawful example of freedom of expression.
Many observers would argue that the lawsuit instigated by the McCanns seven years ago is turning out to be more harmful and costly to them than the defendants. It has inadvertently generated publicity of a kind they least wanted and boosted book sales, but they have instructed their Lisbon lawyer, Isabel Duarte, to continue to the highest level.
Even that may not be the end of this dispute. Amaral is considering turning tables and suing the McCanns for damages. 

[/size]







Posted by Len Port at 9:04 AM 

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Re: McCanns appealing to Supreme Court

Post by jeanmonroe on 25.05.16 12:08

Good luck with that!

"The Supreme Court review is expected to focus mainly on legal aspects of the case rather than material issues."

Legal 'aspects', not you'll understand, the 'material' aspects, in GA's book.

And the 'legal' aspects are erm, 'yeah but no but yeah but, so i don't know'


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Re: McCanns appealing to Supreme Court

Post by sallypelt on 25.05.16 12:16

The McCanns used the media to give out information that was incorrect, full of contradictions and inconsistencies. Add to this the findings of the dogs, and we, as members of the general public, have EVERY right to question these contradictions and inconsistencies. The McCanns were the ones who turned this tragic situation into a media circus, so best of luck with their appeal.

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Re: McCanns appealing to Supreme Court

Post by Verdi on 25.05.16 12:23

Len Port seems to be a fair and reasonable journalist so I guess it can be believed except for the utter madness of it. 

I well anticipated a reaction from the McCanns by quietly backing out under the pretext of further action damaging the search, or being harmful to the twins but to go forth into another legal battle that I frankly think they haven't a cat in hell's chance of winning - barmy barmy barmy..

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Re: McCanns appealing to Supreme Court

Post by Verdi on 25.05.16 12:27



"Are you really sure about this Gelly-baby...."     "Yes yes yes and yes - he can't get away with this"

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Re: McCanns appealing to Supreme Court

Post by sallypelt on 25.05.16 12:35

Snipped to highlight:

Many observers would argue that the lawsuit instigated by the McCanns seven years ago is turning out to be more harmful and costly to them than the defendants. It has inadvertently generated publicity of a kind they least wanted and boosted book sales, but they have instructed their Lisbon lawyer, Isabel Duarte, to continue to the highest level.
Even that may not be the end of this dispute. Amaral is considering turning tables and suing the McCanns for damages.

By LEN PORT

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Re: McCanns appealing to Supreme Court

Post by Patience on 25.05.16 12:42

Quite right too - although he did say that he would wait until the decision of the Supreme Court Appeal before contemplating putting this in action.

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Re: McCanns appealing to Supreme Court

Post by MayMuse on 25.05.16 12:51

While everyone has a right to express and to publicise their thoughts in words, image or by any other means, the constitution also states that everyone has a right to a good name and reputation and to the protection of the intimacy of private and family life.




Now, now, there, there don't worry your heads about your good name, reputation and protection of the intimacy of private and family life dear Dr's McCann ...you see you've  already expressed this publicly; your thoughts,theories, and seething you so wanted the World to know has been aired by yourselves with not much left to tell ? Or is there? Maybe if you  try the "truth" for once?  Please stop this 'aggrieved' stance, the only "aggrieved" in all of this is "Madeleine" your daughter! Yet you have made it your life's work to sue instead of search? Despicably unacceptable!!!! 

All in my own forthright opinion! 

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Re: McCanns appealing to Supreme Court

Post by jeanmonroe on 25.05.16 12:57

So the McCant's 'going for' a FOURTH set of court 'costs' AGAINST 'them'!

Hope they haven't 'included' the twins, AGAIN, in their 'quest', to be 'liable' for court 'costs'!

The twins already 'owe' court 'costs' from their parents last three lost court 'appeals'!

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"From that couple, I already expect everything. Nonetheless, IF, in fact, they are looking for their daughter, it is not in the Portuguese civil courts that they will find her"

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Re: McCanns appealing to Supreme Court

Post by plebgate on 25.05.16 13:07

snipped from the original post:

The judges indicated that the McCanns had voluntarily limited their rights to privacy by making themselves available to the national and international media to which they had easy access. In effect they opened the way for anyone to debate and express opinions about the case, including opinions that contradicted their own.


Would that take into account the report that they paid £500,000 to have front page headlines for a year.  If they did pay that sum then surely any right to privacy was given up?

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Re: McCanns appealing to Supreme Court

Post by MayMuse on 25.05.16 13:14

You would think so? Yet for me their "right to privacy" was whooshed the minute they lied on camera, refused to answer all questions and hired lawyers? What parent does that in the search for their daughter?
Did they honestly think their actions would remain unchallenged ?!?!?!?

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Re: McCanns appealing to Supreme Court

Post by Patience on 25.05.16 13:19

All of the above, plus for me the most sickening, " I couldn't make love to Gerry" headline in the Sun Newspaper!  eek

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Re: McCanns appealing to Supreme Court

Post by melisande on 25.05.16 13:28

It's significant that they are not appealing the material facts but trying the legal angle. That says everythIng.

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Re: McCanns appealing to Supreme Court

Post by aquila on 25.05.16 13:31

@Patience wrote:All of the above, plus for me the most sickening, " I couldn't make love to Gerry" headline in the Sun Newspaper!  eek
I agree Patience and I wonder how much the McCanns were paid for this. Of course any payment was allegedly paid into the Find Madeleine Fund which isn't a fund at all but a limited company with McCanns on the board of directors.

Talking about your sex life in the media when your daughter has been allegedly kidnapped (without randsom demand) or abducted (with no evidence of an abduction other than the fact she's missing) is beneath low.

Yet still these parents wish to pursue the courts to say Goncalo Amaral caused themselves, their twins and the search for Madeleine immeasurable harm/distress.

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Re: McCanns appealing to Supreme Court

Post by MayMuse on 25.05.16 13:36

Oh dear Kate, not one thought of wanting to protect "privacy" or "intimate' life there then!? 
Whoosh out the window!!!!!

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Re: McCanns appealing to Supreme Court

Post by Equity on 25.05.16 13:41

I don't think the McCann's stand a chance...

...especially as the President of the Supreme Court is called Gaspar. 

big grin

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Re: McCanns appealing to Supreme Court

Post by Patience on 25.05.16 13:43

I have a family member asking me how long it will take before we know if the Appeal will go ahead.

Does anyone know the answer?

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Re: McCanns appealing to Supreme Court

Post by noddy100 on 25.05.16 13:46

I am amazed they are doing this considering the slow but definite change of tide in the MSM and with commentary 
that is not complimentary or fawning being allowed to be reported and in some cases like S Osborne getting support

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Re: McCanns appealing to Supreme Court

Post by aquila on 25.05.16 13:50

I'm not surprised at all that the McCanns have made an appeal. It's the 'natural' process and will string this thing out for at least another year.

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Re: McCanns appealing to Supreme Court

Post by Equity on 25.05.16 13:52

@melisande wrote:It's significant that they are not appealing the material facts but trying the legal angle. That says everythIng.

The Supreme Court only considers legal matters - unless the Portuguese President or Prime Minister is on trial.

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Re: McCanns appealing to Supreme Court

Post by kinell on 25.05.16 13:55

@noddy100 wrote:I am amazed they are doing this considering the slow but definite change of tide in the MSM and with commentary 
that is not complimentary or fawning being allowed to be reported and in some cases like S Osborne getting support
Mr and Mrs McBucket have no choice now other than to carry on 'Keeping up Appearances'.

Unless they give themselves up, of course.

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Re: McCanns appealing to Supreme Court

Post by MayMuse on 25.05.16 14:04

@Patience wrote:I have a family member asking me how long it will take before we know if the Appeal will go ahead.

Does anyone know the answer?
Sorry I don't , hopefully though "squashed in a minute"  big grin

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Re: McCanns appealing to Supreme Court

Post by Joss on 25.05.16 14:31

@aquila wrote:I'm not surprised at all that the McCanns have made an appeal. It's the 'natural' process and will string this thing out for at least another year.
I agree, sounds like a McCann stalling tactic to me too.

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Re: McCanns appealing to Supreme Court

Post by jeanmonroe on 25.05.16 14:51

The SC 'judges' will 'look at the (il)legal aspects' put before them by ID, and will decide IF this 'case' can proceed.

Should they decide there is NOT a legal aspects 'appeal', the 'case' will not ever be 'heard' in the SC.

ID has to 'disclose' PROOF to GA's 'team', and the 'other defendants', her 'evidence' that 'unlawful aspects' have been used against her paymasters' clients.

ISTBC, of course.


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Re: McCanns appealing to Supreme Court

Post by Joss on 25.05.16 14:58

This case was already appealed to the Supreme Court in 2010. Color me confused.

10 November 2010


McCanns appeal to the Supreme Court to forbid Gonçalo Amaral’s book

The McCann couple has appealed to the Supreme Court of Justice against the Appellate Court’s decision to overturn the ban on the sales of Gonçalo Amaral’s book “Maddie – The Truth of the Lie”, the lawyer that represents the parents of the child that went missing in the Algarve said today.

Isabel Duarte, lawyer to Gerry and Kate McCann, who were in Lisbon today, asserted that the appeal was delivered at the Supreme Court of Justice on the 5th of November, requesting the Appellate Court of Lisbon’s decision dated October 19 to be annulled.
http://joana-morais.blogspot.com.au/2010/11/mccanns-appeal-to-supreme-court-to.html

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