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Libel Trial Postponement: The Truth about the McCanns' Lie - by Nigel Moore.

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Re: Libel Trial Postponement: The Truth about the McCanns' Lie - by Nigel Moore.

Post by Guest on 17.06.14 21:22

Tony, wasn't that the book banning hearing, which was eventually overturned? Aren't they different things or am I wrong?

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Re: Libel Trial Postponement: The Truth about the McCanns' Lie - by Nigel Moore.

Post by Guest on 17.06.14 21:23

@Tony Bennett wrote:
Châtelaine wrote:Tony, you're a pain in the something...
Of course, there's always something to find.
But is it material?
To a comment which has hand and feet ...  dance 
Chatelaine, you can be utterly amazing sometimes.

I provide this forum with a completely sourced correction of Nigel Moore's article.

And I am a 'pain' and asked: is it material?

I thought you were a great champion of 'the truth at all costs'.

Was I wrong?
**
Yes, I am. No, you're not.
A tiny little detail is not something to stumble upon.
There was, indeed, the Mexican flu.
Does that change anything?
The McCanns lied. Didn't they?

QED

ETA Yes, I can be amazing sometimes ...  ask my friends  big grin

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Re: Libel Trial Postponement: The Truth about the McCanns' Lie - by Nigel Moore.

Post by Guest on 17.06.14 21:29

candyfloss wrote:Tony, wasn't that the book banning hearing, which was eventually overturned?  Aren't they different things or am I wrong?
***
Now that you mention, yes, that might have been it.
It's a bit late to do a thorough search.
If no one has the answer, I'll do tomorrow.

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Re: Libel Trial Postponement: The Truth about the McCanns' Lie - by Nigel Moore.

Post by Guest on 17.06.14 21:33

Yes, it was from the book banning hearing, not this trial. This from your piece Tony....

The couple were due to ask a Portuguese judge for a permanent ban on sales of a book by Goncalo Amaral in which he challenges their version of Madeleine's disappearance.

But the court hearing in Lisbon has been postponed for one month because Mr Amaral's lawyer has swine flu.

It is the book banning where he had swine flu not this trial going on.

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Re: Libel Trial Postponement: The Truth about the McCanns' Lie - by Nigel Moore.

Post by Miraflores on 17.06.14 21:38

It is the book banning where he had swine flu not this trial going on.
But from the McCanns point of view, that's all the same - another occasion when they had to organise childcare, flights and hotels, which were then unnecessary.

BTW I think the twins are now the real victims in all this.

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Re: Libel Trial Postponement: The Truth about the McCanns' Lie - by Nigel Moore.

Post by Tony Bennett on 17.06.14 21:41

candyfloss wrote:Tony, wasn't that the book banning hearing, which was eventually overturned?  Aren't they different things or am I wrong?
THE PLAIN FACTS:

The libel proceedings were commenced by the McCanns in the Lisbon Civil Court in June 2009.

In September 2009, the McCanns applied to the judge ex parte (that is, without notifting the other party) for a draconian order immediately banning the sale of Dr Amaral's book, demanding that all his books on sale and in warehouses be impounded, imposing fines of 1,000 euros a day for every day if the order was not complied with, and various ancillary orders. All were granted.

This was what is called an interlocutory (interim) action within the libel proceedings pending a trial of the full action.

Days later, Dr Amaral, with the help of his lawyer, appealed against this draconian order.

A court date of 11 December was set.

Very shortly before the hearing, it appears that Dr Amaral's lawyer developed either 'Influenza A' or 'swine flu' (maybe the same thing?).

The McCanns flew out to Lisbon expecting to attend the hearing.

When they got to Lisbon, they and their lawyer were told that Dr Amaral's lawyer had swine flu and would be making an application to the judge for the hearing to be adjourned.

The application was successful and the trial of this interim action within the libel proceedings was adjourned until 10, 11 and 12 January - when it was eventually heard.

Dr Amaral lost this appeal against the book-banning.

He appealed to a higher court, the Portuguese Court of Appeal, and in October 2010 this Court overruled the Lisbon Court to the extent of allowing Dr Amaral's book to go back on sale - but it did not reverse the other orders against Dr Amaral e.g. the freezing of his assets.

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Re: Libel Trial Postponement: The Truth about the McCanns' Lie - by Nigel Moore.

Post by Tony Bennett on 17.06.14 21:45

candyfloss wrote:
It is the book banning where he had swine flu not this trial going on.
As I have explained in another post just now, the 'book banning' was not either a separate trial or action but was simply an action entirely within the libel proceedings.

No doubt the McCanns had this occasion (11 December 2009) in mind when they were referring to previous occasions when they alleged that Amaral had caused a delay in the proceedings.

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Re: Libel Trial Postponement: The Truth about the McCanns' Lie - by Nigel Moore.

Post by Guest on 17.06.14 21:48

Now, just what are you trying to proof ... ?

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Re: Libel Trial Postponement: The Truth about the McCanns' Lie - by Nigel Moore.

Post by Sonmi-451 on 17.06.14 21:52

Wasn't there also a short three day adjournment in early January due to 3 days of National Mourning for someone called "Eusebio"?

This obviously doesn't affect the claim that GA has caused four delays, and that TM have been inconvenienced... but I just thought I'd mention it for completeness in case someone compiles a full summary of delays and reasons, etc.

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Re: Libel Trial Postponement: The Truth about the McCanns' Lie - by Nigel Moore.

Post by sharonl on 17.06.14 21:53

Daily Star

SWINE FLU DELAYS MADELEINE MCCANN POLICEMAN CASE

Image
ABOVE: Madeleine McCann’s parents face a delay in their libel action because the lawyer has got swine flu

12th December 2009
By Jerry Lawton

MADELEINE McCann’s parents face a delay in their libel action against a disgraced policeman because his lawyer has got swine flu.

Doctors Kate and Gerry McCann flew to Lisbon for the hearing only to learn it must be adjourned till January 12.

Antonio Cabrita, who is acting for ex-detective Goncalo Amaral, has been forced to remain at home in quarantine.

The McCanns, both 41, are seeking £1million damages from Amaral, who was sacked from the investigation into the disappearance of Maddie from a Portuguese holiday complex in May 2007.

They are suing over allegedly “despicable’’ claims in his book, The Truth Of The Lie.

In it, Amaral, 50, said Maddie was dead and dismissed the McCanns’ claims she was kidnapped.

He was earlier behind the move to declare them formal suspects. They were later removed from this list and the case has been shelved as an unsolved mystery.

A source close to the McCanns said yesterday: “It is disappointing. The sooner Kate and Gerry can nail these despicable lies the better.”

Amaral, who yesterday launched a second book about the mystery, is trying to overturn an injunction the McCanns won in September, banning further sales of the first one.

About a dozen supporters in T-shirts with the slogan “Freedom of Expression’’ demonstrated outside the Lisbon court.

But Gerry insisted: “We’re here to make sure that freedom of speech doesn’t allow the truth to be distorted.”

The McCanns’ lawyer, Isabel Duarte, said after the brief hearing: “Kate and Gerry came because I am struggling alone against 90% of the population of Portugal who believe that they were connected to the disappearance.’’

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"WE ARE ALL IN THIS TOGETHER" - Rebekah Brooks to David Cameron

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Re: Libel Trial Postponement: The Truth about the McCanns' Lie - by Nigel Moore.

Post by Ochosi on 17.06.14 22:00

"The McCanns’ lawyer, Isabel Duarte, said after the brief hearing: “Kate and Gerry came because I am struggling alone against 90% of the population of Portugal who believe that they were connected to the disappearance.’’"


She's helpful isn't she?  smilie

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Re: Libel Trial Postponement: The Truth about the McCanns' Lie - by Nigel Moore.

Post by Guest on 17.06.14 22:01

@Tony Bennett wrote:
candyfloss wrote:
It is the book banning where he had swine flu not this trial going on.
As I have explained in another post just now, the 'book banning' was not either a separate trial or action but was simply an action entirely within the libel proceedings.

No doubt the McCanns had this occasion (11 December 2009) in mind when they were referring to previous occasions when they alleged that Amaral had caused a delay in the proceedings.

Ah, ok thank you Tony, I always thought they were separate things.

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Re: Libel Trial Postponement: The Truth about the McCanns' Lie - by Nigel Moore.

Post by Guest on 17.06.14 22:10

And that's how you win or lose a case: on technicalities. Isn't it?

As long as I'm not in a courtroom, I prefer common sense. And this common sense dictates, that it is immaterial, whether and how much times the McCanns' attack on Dr. Amaral has been hold and why. It's material, that they lied, about this and many other cases. That IMO they know exactly, what happened to their daughter and that they've been trying to destroy each and everyone, who came too close to the truth. Period.

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Re: Libel Trial Postponement: The Truth about the McCanns' Lie - by Nigel Moore.

Post by Woofer on 17.06.14 22:12

So none of the postponements were GA`s fault.

One was his lawyer had `flu.
Next the Judge postponed because of a personal matter
Next GA`s lawyer`s son was taken to hospital

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Re: Libel Trial Postponement: The Truth about the McCanns' Lie - by Nigel Moore.

Post by Guest on 17.06.14 22:16

@Woofer wrote:So none of the postponements were GA`s fault.

One was his lawyer had `flu.
Next the Judge postponed because of a personal matter
Next GA`s lawyer`s son was taken to hospital
**
Yep. Something like that [maybe with a little more detail to flip in from TB], but that's it.
If there's anything like justice, all facts are going to bite them in the bum.

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Ochosi wrote-

Post by worriedmum on 17.06.14 23:19

@Ochosi wrote:"The McCanns’ lawyer, Isabel Duarte, said after the brief hearing: “Kate and Gerry came because I am struggling alone against 90% of the population of Portugal who believe that they were connected to the disappearance.’’"


She's helpful isn't she?  smilie
 spit coffee

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Re: Libel Trial Postponement: The Truth about the McCanns' Lie - by Nigel Moore.

Post by Tony Bennett on 17.06.14 23:23

@Woofer wrote:So none of the postponements were GA`s fault.

One was his lawyer had `flu.
Next the Judge postponed because of a personal matter
Next GA`s lawyer`s son was taken to hospital
Yes, Woofer, that's also my understanding of the previous three occasions.

To which of course there was a fourth, namley yesterday, of Dr Amaral sacking his lawyer. His lawyer says, according to one Portuguese newspaper, that Amaral sacked him by SMS text message on the evening of Friday 13 June. We don't yet know the full circumstances, so whether that can be fairly said to be Amaral's 'fault' remains to be established one way or the other.

But all of this is set against this background: namely that

* the McCanns appear to blessed with unlimited funds - from as yet unknown sources - to pick and choose what libel actions they can take

* they obtained, in September 2009, a brutal injunction banning his book, obtained in a secret, ex parte procedure, and imposing the severest financial penalties on Amaral (the book later being allowed to go back on sale)

* Amaral has suffered huge financial loss on account of publishing what he says is an honest, truthful account of his investigation 

* he has had to endure other severe pressures, over a period of 7 years, incuding the apparent irretrievable breakdown of his marriage

* his professional reputation has been tarnished and trashed by a vigorous and sustained smear campaign against him over 7 years by the McCanns, the entire McCann Team and the British mainsteam media, and   

* the hearing due to start in January 2013 was apparently, and by all accounts, postponed because the McCanns were seeking a financial settlement - an almost unprecedented move by a plaintiff.

It appears he was also put to considerable expense in order to find out whether or not the High Court had given authority to the McCanns to sue in Madeleine's name and it now appears that hey did not.


So, if Amaral was in any way using slightly devious tactics (not for one moment saying he actually was), by sacking his lawyer on Friday and not telling the McCanns' lawyer until Monday morning, he has a very great accumulation of 'mitigation', i.e. excuse for doing so

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Re: Libel Trial Postponement: The Truth about the McCanns' Lie - by Nigel Moore.

Post by Snifferdog on 17.06.14 23:26

by worriedmum on Wed Jun 18, 2014 12:19 am



Ochosi wrote:"The McCanns’ lawyer, Isabel Duarte, said after the brief hearing: “Kate and Gerry came because I am struggling alone against 90% of the population of Portugal who believe that they were connected to the disappearance.’’"


She's helpful isn't she? smilie

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------------------------------------------------------------------------------------------------------------
And the 90%are correct!!! Imo of course.

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Re: Libel Trial Postponement: The Truth about the McCanns' Lie - by Nigel Moore.

Post by Cordelia on 17.06.14 23:37

Hi Night Owls , I am a Newbie and you are probably not going to like what I say  laughat 

I agree every sentiment about the McCanns , but not with Amaral's behaviour. Goodness knows why he sacked his Legal Team so late in the day, but he should have advised the Judge on Saturday as a matter of courtesy  so that maybe she could fit in another case for Yesterday. No doubt she would have informed Duarte who would have informed the McCanns. 

I do wonder why he sacked his team so late in the day.!!

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Re: Libel Trial Postponement: The Truth about the McCanns' Lie - by Nigel Moore.

Post by Guest on 17.06.14 23:44

Hello and  welcome Cordelia.

We don't yet know what the reason was for the late change of lawyer or when the decision was made.

On the surface - yes, it looks inconsiderate but we need to have the full story.

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Re: Libel Trial Postponement: The Truth about the McCanns' Lie - by Nigel Moore.

Post by Snifferdog on 17.06.14 23:45

Hi Cordelia. It seems the decision was made the previous night according to GA's lawyer.  I must say, if it were my pension and livelihood the duo were after, I would use every legal trick in the book to keep their claws off my stash! welcome

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Re: Libel Trial Postponement: The Truth about the McCanns' Lie - by Nigel Moore.

Post by Woofer on 17.06.14 23:57

@ Tony - "* the McCanns appear to blessed with unlimited funds - from as yet unknown sources - to pick and choose what libel actions they can take "

That thought keeps bothering me - all these libel actions must be costing a fortune - quite a lot more than a cardiologist could afford.  They seem to have a never ending supply of spondoolies.

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Re: Libel Trial Postponement: The Truth about the McCanns' Lie - by Nigel Moore.

Post by Cordelia on 17.06.14 23:59

No Fate Worse Than De'Ath wrote:Hello and  welcome Cordelia.

We don't yet know what the reason was for the late change of lawyer or when the decision was made.

On the surface - yes, it looks inconsiderate but we need to have the full story.


Apparently Goncalo sacked his team at 10pm on Friday night but it was Monday morning when he handed a letter for the Judge into the CourtHouse. pray2 I do wonder why he chose to sack his Lawyers NOW when he had 5 months from January to June to did the i's and cross the t's with his team. 

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Re: Libel Trial Postponement: The Truth about the McCanns' Lie - by Nigel Moore.

Post by Woofer on 18.06.14 0:02

@Cordelia wrote:Hi Night Owls , I am a Newbie and you are probably not going to like what I say  laughat 

I agree every sentiment about the McCanns , but not with Amaral's behaviour. Goodness knows why he sacked his Legal Team so late in the day, but he should have advised the Judge on Saturday as a matter of courtesy  so that maybe she could fit in another case for Yesterday. No doubt she would have informed Duarte who would have informed the McCanns. 

I do wonder why he sacked his team so late in the day.!!

Welcome Cordelia.

I must admit I felt disappointed and confused that GA could do such a thing.  It`s so out of character.  His lawyer doesn`t seem that perturbed though.  I`m just trusting that GA knows what he`s doing.

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Re: Libel Trial Postponement: The Truth about the McCanns' Lie - by Nigel Moore.

Post by Guest on 18.06.14 0:03

Do you have a link Cordelia to anything about the Friday night decision?

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