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The Complete Mystery of Madeleine McCann™
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Blacksmith - Stating The McCann's Will Settle On Amaral's Terms ........PLUS NEW ***McCanns ask for extrajudicial settlement  by Joana Morais**TRIAL NOW SUSPENDED** - Page 13 Mm11

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Post by Inspectorfrost 20.01.13 18:42

ed1976 wrote:
Inspectorfrost wrote:Where did you get that strange idea that GA is going to have to pay the McCanns compensation? The McCanns can make proposals but GA has no obligation to accept them and if he says no to all of them the case goes to court or the McCanns can withdraw their suit. I don't understand how you can interpret the couple asking for the suspension of the trial and negotiation as meaning that they are in a position of force to make demands on Gonçalo Amaral because it is in fact a sign of weakness. A strange way of seeing things.


Ed, This is a post on the other forum by Carolina.

It makes absolute sense to me, the same way as they reached an agreement with TB in order to avoid a full libel trial

I haven' t followed the case against TB so cannot comment. The point was that there doesn't seem any basis on which demands can be made on GA.
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Post by Eddie 20.01.13 18:46

Inspectorfrost wrote:
ed1976 wrote:
Smokeandmirrors wrote:ed1976, since the Supreme Court ruled in Goncalo's favour last time what makes you think the Mc's have a reasonable case?

Quite simply the last case did not decide whether the book was libellous, it couldn't, it was not a libel trial. you can't ban a book because you dont like it, there has to be a good reason. The book ban was overturned, rightly in my opinion.The question of libel was to be decided at a later date.

They may not have spelt it out using the words, non libellous, but that is pretty much what the Appeal Court decreed.

http://www.mccannfiles.com/id344.html

Also, police investigations are immune from libel laws IIRC


There are a couple of points in the ruling that are plainly not true,

How accurate is the translation

Again, if this is true then the McCanns have no case. Im just not sure it is.
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Post by Inspectorfrost 20.01.13 18:55

Ed, how would I know how accurate the translation is. Barring anyone complaining about it or offering a different one, I will take it as accurate. Yes, time will tell if there is a case or not, but I think the odds are stacked heavily against it, JMO. And not forgetting that the Supreme Court upheld that Appeal Court decision. Can't get more decisive than that.
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Post by Guest 20.01.13 18:58

Jean wrote:Ye gods, it's not Mr Smethurst is it?!!!!
***
That was on my mind too, I must admit. So I checked if ed1976 is an indication of the year of birth, would his age check with Smethursts ? It doesn't. Smethurst must be ±43 now and ed1976 would make him ± 37. But ... well ... you never know with these pseudonyms. I would just be a tad disappointed with the spelling - that would be under level for a lawyer, I think.
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Post by Smokeandmirrors 20.01.13 19:02

ed1976 wrote:

There are a couple of points in the ruling that are plainly not true,

How accurate is the translation

Again, if this is true then the McCanns have no case. Im just not sure it is.

Based on what? And for what reason would it be mistranslated by various different translators? There are several individuals who work on the translations to report what the British media won't.

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Post by Smokeandmirrors 20.01.13 19:03

Châtelaine wrote:
Jean wrote:Ye gods, it's not Mr Smethurst is it?!!!!
***
That was on my mind too, I must admit. So I checked if ed1976 is an indication of the year of birth, would his age check with Smethursts ? It doesn't. Smethurst must be ±43 now and ed1976 would make him ± 37. But ... well ... you never know with these pseudonyms. I would just be a tad disappointed with the spelling - that would be under level for a lawyer, I think.

You both, and many others!! On reflection, Smethurst would be wise to keep his head down for the foreseeable.

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Post by Me 20.01.13 19:06

ed1976 wrote:There are a couple of points in the ruling that are plainly not true,

How accurate is the translation


Which points are "plainly" not true?

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What is certain is that since the start of the investigation there were  incongruent and even contradictory situations concerning the witness statements; the telephone records of calls that were made and received on mobile phones that belonged to the couple and to the group of friends that were on holidays with them; the movements of people right after the disappearance of the little girl was noticed, concerning the state in which the bedroom from where the child disappeared from was found (closed window? open window? partially open window?) etc., and the mystery would only become even thicker due to the clues that were left by the already mentioned sniffer dogs. - The Words of a JUDGE in relation to the McCanns
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Post by Hobs 20.01.13 19:09

ed1976 wrote:
Cristobell wrote:

are you a lawyer ed?

what makes you ask that question



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Post by Guest 20.01.13 19:12

Hobs wrote:
ed1976 wrote:
Cristobell wrote:

are you a lawyer ed?

what makes you ask that question



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***
It's a classic one, Hobs. Thanks for mentioning SA in this case.
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Post by Guest 20.01.13 19:15

ed1976 wrote:
Inspectorfrost wrote:
ed1976 wrote:
Smokeandmirrors wrote:ed1976, since the Supreme Court ruled in Goncalo's favour last time what makes you think the Mc's have a reasonable case?

Quite simply the last case did not decide whether the book was libellous, it couldn't, it was not a libel trial. you can't ban a book because you dont like it, there has to be a good reason. The book ban was overturned, rightly in my opinion.The question of libel was to be decided at a later date.

They may not have spelt it out using the words, non libellous, but that is pretty much what the Appeal Court decreed.

http://www.mccannfiles.com/id344.html

Also, police investigations are immune from libel laws IIRC


There are a couple of points in the ruling that are plainly not true,

How accurate is the translation

Again, if this is true then the McCanns have no case. Im just not sure it is.
I haven't seen the K&G supporters claiming it's not accurately translated, ed. And they would if they could Blacksmith - Stating The McCann's Will Settle On Amaral's Terms ........PLUS NEW ***McCanns ask for extrajudicial settlement  by Joana Morais**TRIAL NOW SUSPENDED** - Page 13 302873
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Post by Dr What 20.01.13 19:22

There is absolutely no evidence of any need to seek the truth by lawyers.They are there to get the best possible result for their clients.Expensive teams of lawyers are essentially bullies.Very persuasive, highly paid, and they like to think themselves refined.But they are bullies nonetheless.

I'm sure, at the outset, they would have anticipated that GA would have thrown it all in by now.As a result of a careful strategy,he had no financial backing, no job, frozen assets, no family life.He was isolated.He was easy pickings.Or so they thought.But one man with conviction is worth more than a bunch of paid helpers.

Like many others, I hope that one day, the Mccanns have to give evidence in Court under oath.To tell the truth, the whole truth and nothing but the truth, so help me God.If the McCanns do have genuine faith as they have lead us to believe, then they will not want to be faced with that dilemma.Maybe, the whole objective now, is to avoid that deep moral conflict.
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Post by Inspectorfrost 20.01.13 19:49

Dr What wrote:There is absolutely no evidence of any need to seek the truth by lawyers.They are there to get the best possible result for their clients.Expensive teams of lawyers are essentially bullies.Very persuasive, highly paid, and they like to think themselves refined.But they are bullies nonetheless.

I'm sure, at the outset, they would have anticipated that GA would have thrown it all in by now.As a result of a careful strategy,he had no financial backing, no job, frozen assets, no family life.He was isolated.He was easy pickings.Or so they thought.But one man with conviction is worth more than a bunch of paid helpers.

Like many others, I hope that one day, the Mccanns have to give evidence in Court under oath.To tell the truth, the whole truth and nothing but the truth, so help me God.If the McCanns do have genuine faith as they have lead us to believe, then they will not want to be faced with that dilemma.Maybe, the whole objective now, is to avoid that deep moral conflict.

Excellent post! So true.
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Post by Eddie 20.01.13 19:51

I think I wiil leave it there until we have further news. We were alll expecting some answers with the trial starting and all we have is more questions. As I said, I don't think either side has caved in but their has been a change in direction now. both sworn to secrecy, thats why there is no official comment. Even in six months details of the settlement may remain confidential. im fairly sure there are very few books being sold now, if any. Amazon used to have a few foreign translations but they are gone now.

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Post by Inspectorfrost 20.01.13 19:54

Did Ms Duarte ever return Mr Amarls books?
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Post by Smokeandmirrors 20.01.13 19:57

Inspectorfrost wrote:Did Ms Duarte ever return Mr Amarls books?

I believe so. As far as I remember, she delayed and delayed, but was under threat of a hefty penalty and had to in the end.

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Post by Inspectorfrost 20.01.13 20:00

Smokeandmirrors wrote:
Inspectorfrost wrote:Did Ms Duarte ever return Mr Amarls books?

I believe so. As far as I remember, she delayed and delayed, but was under threat of a hefty penalty and had to in the end.

Thanks Smokey.

An arrogant and egoistic lawyer who is a bad loser, is no good lawyer at all. Still, like attracts like they say.
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Post by Me 20.01.13 21:26

ed1976 wrote:I think I wiil leave it there until we have further news. We were alll expecting some answers with the trial starting and all we have is more questions. As I said, I don't think either side has caved in but their has been a change in direction now. both sworn to secrecy, thats why there is no official comment. Even in six months details of the settlement may remain confidential. im fairly sure there are very few books being sold now, if any. Amazon used to have a few foreign translations but they are gone now.

well you would say that wouldn't you?

You have your opinion but none of it is grounded in fact, evidence or reality. You say it is clear to you what has happened but you have failed to put your clarity of thought forward as a viable synopsis when challenged.

I have no problem with posters on here from the "other" persuasion.

What i have a problem with is what you displayed over the course of the thread. The classic "other" thought process.

You put forward an opinion and failed to substantiate it. Then when evidence was presented to you which showed your arguments to be false you then turned to semantics, obfuscation and ignoring posts that you couldn't answer to still cling to an opinion and points which had been proven to be wrong.

You would have gained more respect by simply admitting you were wrong rather than trying to defend to ridiculous and obtuse levels ideas and points which were shown to be incorrect and naive.

I hope you come back, particualry when i win thast bet (don't worry i haven't forgotten).

Oh and i'm still waiting for that apology a few pages back.

Guess i shouldn't be holding my breath for that.

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Post by Smokeandmirrors 20.01.13 21:53

Sadly our Justice system is largely unjust.

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Post by Guest 20.01.13 21:54

Smokeandmirrors wrote:Sadly our Justice system is largely unjust.

We're talking about the Portuguese Justice system though.
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Post by Inspectorfrost 20.01.13 21:56

I think the poster murtfan does not know what he is talking about.
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Post by Me 20.01.13 21:58

quote deleted


Did you really expect anything different from Muratfan though?

He'd believe the sky was pink if the McCann's said it was.

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What is certain is that since the start of the investigation there were  incongruent and even contradictory situations concerning the witness statements; the telephone records of calls that were made and received on mobile phones that belonged to the couple and to the group of friends that were on holidays with them; the movements of people right after the disappearance of the little girl was noticed, concerning the state in which the bedroom from where the child disappeared from was found (closed window? open window? partially open window?) etc., and the mystery would only become even thicker due to the clues that were left by the already mentioned sniffer dogs. - The Words of a JUDGE in relation to the McCanns
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Post by Smokeandmirrors 20.01.13 22:02

I suppose when he's busy off Tweeting and Twitting the other member gets quite lonely sad

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Post by Guest 20.01.13 22:02

Yes, very true Me. I can understand that tweet if Mr Amaral had wanted a settlement, then yes the McCanns would dictate the terms, but certainly not the other way around.
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