Portugal Press Thurs 22 Jan: "Amaral Supporters Optimistic about Libel Trial Verdict"

by **Tony Bennett** 22.01.15 11:14

Amaral supporters optimistic following judge’s rulings in McCanns’ libel case

By LEN PORT
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Kate and Gerry McCann seemed to suffer a setback on Wednesday in suing former detective Gonçalo Amaral over his controversial book about the disappearance of their daughter Madeleine.

In Lisbon’s Palace of Justice, Judge Maria Emília Melo e Castro handed lawyers in the civil action a written statement evaluating as proven or not a list of 37 points on which she intends to base her verdict.

Neither the McCanns nor Amaral were present.

Amaral supporters said afterwards that the statement made them feel cautiously optimistic.

The McCanns are seeking €1.2 million in damages for the severe distress they say has been caused to them by the book, A Verdade da Mentira (‘The Truth of the Lie’) and a subsequent documentary.

The judge ruled that while statements in the book had psychologically affected the McCanns, the great anguish suffered by the couple over their missing daughter preceded the book’s publication rather than being a consequence of it.

She pointed out that the book was very largely based on facts in police files.

Nowhere did Amaral claim that the McCanns had killed their daughter, only the theory that they had hidden Madeleine’s body and fabricated a story about abduction, said the judge.

In personal statements to the court last July, both Kate and Gerry McCann spoke not only of the great harm they believed had been caused to their family by allegations in the book, but that the allegations had hampered the search for Madeleine.

The judge said it had not been proved that the Polícia Judiciária stopped collecting information and investigating the disappearance because of the book’s contents.

Amaral insisted last year that the lawfulness of his book was “indisputable” because of a decision of the Appellate Court in Lisbon that overturned an earlier ruling banning it.

The McCanns now have time to seek and present authorisation from the British High Court to formally represent their daughter in this case.

Madeleine was made a ward of court at the instigation of her parents in April 2008. This could have a bearing on the amount of any compensation eventually awarded.

This long-running case in Lisbon has been suspended several times over the past five years, including in January 2013 when the court allowed the two sides to try to reach a private settlement. No agreement was reached.

No date has been set for a verdict but it is thought to be more than two months away. Even when it comes, the verdict will probably not be the end of the matter. An appeal is likely.

Also, Amaral has let it be known that he is considering instigating a counter-defamation lawsuit against the McCanns to seek compensation for the enormous damages on different levels he claims they have caused him.

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by sallypelt 22.01.15 12:38

Tony Bennett wrote:Amaral supporters optimistic following judge’s rulings in McCanns’ libel case

By LEN PORT
[You must be registered and logged in to see this link.] - 22 January 2015

[You must be registered and logged in to see this image.]

Kate and Gerry McCann seemed to suffer a setback on Wednesday in suing former detective Gonçalo Amaral over his controversial book about the disappearance of their daughter Madeleine.

In Lisbon’s Palace of Justice, Judge Maria Emília Melo e Castro handed lawyers in the civil action a written statement evaluating as proven or not a list of 37 points on which she intends to base her verdict.

Neither the McCanns nor Amaral were present.

Amaral supporters said afterwards that the statement made them feel cautiously optimistic.

The McCanns are seeking €1.2 million in damages for the severe distress they say has been caused to them by the book, A Verdade da Mentira (‘The Truth of the Lie’) and a subsequent documentary.

The judge ruled that while statements in the book had psychologically affected the McCanns, the great anguish suffered by the couple over their missing daughter preceded the book’s publication rather than being a consequence of it.

She pointed out that the book was very largely based on facts in police files.

Nowhere did Amaral claim that the McCanns had killed their daughter, only the theory that they had hidden Madeleine’s body and fabricated a story about abduction, said the judge.

In personal statements to the court last July, both Kate and Gerry McCann spoke not only of the great harm they believed had been caused to their family by allegations in the book, but that the allegations had hampered the search for Madeleine.

The judge said it had not been proved that the Polícia Judiciária stopped collecting information and investigating the disappearance because of the book’s contents.

Amaral insisted last year that the lawfulness of his book was “indisputable” because of a decision of the Appellate Court in Lisbon that overturned an earlier ruling banning it.

The McCanns now have time to seek and present authorisation from the British High Court to formally represent their daughter in this case.

Madeleine was made a ward of court at the instigation of her parents in April 2008. This could have a bearing on the amount of any compensation eventually awarded.

This long-running case in Lisbon has been suspended several times over the past five years, including in January 2013 when the court allowed the two sides to try to reach a private settlement. No agreement was reached.

No date has been set for a verdict but it is thought to be more than two months away. Even when it comes, the verdict will probably not be the end of the matter. An appeal is likely.

Also, Amaral has let it be known that he is considering instigating a counter-defamation lawsuit against the McCanns to seek compensation for the enormous damages on different levels he claims they have caused him.

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Tony, is the title if this topic correct, or is it deliberate?

by **Tony Bennett** 22.01.15 13:44

sallypelt wrote:
Tony, is the title of this topic correct, or is it deliberate?

You're right, it's a mistake.

I can't correct it, having given up my admin powers long ago, so hopefully someone from admin will be along in a moment and change the title to:

Amaral supporters.

Oops!

by **PeterMac** 22.01.15 14:46

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Court says it was not the book of Gonçalo Amaral that "destroyed" Maddie's parents

google - sorry !
The Civil Court of Lisbon held on Wednesday it was not the book of Gonçalo Amaral Maddie: The Truth of the Lie that "destroyed" the parents of the missing British girl to May 3, 2007, in the Algarve.

"It was proof that Kate and Gerry McCann are destroyed points of moral, social and ethical. The family point of view the evidence revealed a successful effort of cohesion and mutual support, "said the judge who stresses until" the sentimental / emotional point of view is not credible that the consequences of the facts of these proceedings will to the point of destruction or far beyond the pain caused by the disappearance of their daughter. "

The state "negative emotional" parent is "pre-existing to the book," reads the court order to which the PUBLIC had access and that indicates the answer to the questions, the facts found and not tested before sentencing, in civil proceedings of the couple against former PJ inspector. The couple requires compensation of EUR 1.2 million for defamation and damages caused by the publication of the book.

Judge gives as unproven damage social nature that the McCanns claim to have suffered also with the marketing and selling of a documentary on DVD and an interview of the former coordinator of the PJ in Portimão. In the book, Amaral defends the alleged involvement of Kate and Gerry MCann in the disappearance and the child's corpse concealment.

"Against this order of the court which is not given as proven causal relationship between the book and alleged losses for the couple do not expect anything but the acquittal of Gonçalo Amaral," said the lawyer PUBLIC former inspector, Miguel Cruz Rodrigues. PUBLIC tried unsuccessfully to contact the couple's lawyer, Isabel Duarte. Gonçalo Amaral declined to comment.

The court did not leave, however, to establish that "as a result of Gonçalo Amaral defendant's statements in the book, the documentary and interview," Maddie's parents "felt anger, despair, anguish and concern, having suffered insomnia and lack appetite ". This at the same time it was given as evidence that the facts that the former inspector mentions in the book "are mostly taken place and documented" in the criminal investigation.

The court order also mentions the various witnesses interviewed by the court, some given by the parents of Maddie McCann and stress damage they believe the couple suffered. "A lot of people turned back to them" after the publication of the book, said Susan Hubbard Lorrain, married to an Anglican priest and friend of the McCanns. Also Alan Robert Pike, who provided services in the field of psychology to English couple, "said the publication of the book and the findings of the left distressed couple and one of the most devastating effects was, for them, believe that the book would influence public opinion, making people would stop looking for Madeleine. "

However, the court gives as not proven that because of the book, the interview and documentary PJ stopped collecting information and investigate the disappearance. The court also heard PJ inspectors. Ricardo Paiva, inspector who participated in the inquiry into the disappearance of British girl, stressed that "the child's death was a hypothesis in research." Also the director of the National Counter-Terrorism Unit, Luis Neves said that "the first time it was hypothesized death was by parents by suggesting the arrival of a South African expert equipped with a machine to search for buried bodies."

The court also states that for "most people" who read the book shaped thesis there is nothing to assign "responsibility" to McCann for the death of her daughter, "but before that they had" responsibilities for the concealment of her corpse. "

Maddie's parents came to be made defendants in the investigation of the disappearance of the English girl who was dismissed in 2008 for lack of evidence that there has been a crime. The investigation was reopened in October 2013 following a proposal from the PJ and face new evidentiary elements that justify further research

by **PeterMac** 22.01.15 14:50

I know it is not strictly to be put here, but it says it all.

"In the end it was so humiliating that we felt guilty for laughing at them – the Support Group, that is, not the “destroyed” parents.
They were getting their information from the newspapers and one Team in May 2007 and they believed it all.
And it was just the same eight years later on January 21 2015, the poor bastards.
The poor, exploited bastards."

by NickE 22.01.15 22:01

[size=31]Judge no evidence that book about Maddie "destroyed" parents[/size]

Published às 18.40

, Updated today às 20.32

OSCAR QUEIRÓS

photo CARLOS MANUEL MARTINS / GLOBAL IMAGES

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The judge said that the emotional state of Kate and Gerry McCann "is pre-existent to book

0 4 0

A judge of the courthouse Lisbon held, on Wednesday, that the McCann couple has not been damaged because of the publication of the book "The Truth of the Lie", written by Gonçalo Amaral, where the ex - PJ coordinator argues the responsibility of Kate and Gerry in their daughter's disappearance.
Judge Emilia Melo e Castro, the assessment of the requirements of civil proceedings instituted by Kate and Gerry McCann Gonçalo Amaral for the publication of the book "Maddie, the truth of the lie," says, in order that the JN had access, that "there was proof that Kate and Gerry McCann authors are destroyed points of moral, social and ethical "with the publication of the book
Recognizing that the British couple felt "anger, despair and anguish," the magistrate said not possible, "from the available evidence, to discern" where the alleged damage attributed to Gonçalo Amaral are "a consequence of the disappearance of Madeleine" or "effect book. "
Melo e Castro said that "the family point of view the evidence revealed a successful effort cohesion" of the couple. It also found that "the sentimental / emotional point of view is not credible that the consequences of the facts of these proceedings will to the point of destruction or well beyond the pain caused by the disappearance of the daughter of those authors."
Gonçalo Amaral, told JN that he is satisfied with the decision of the magistrate, pointing out that "what was at issue was proving or disproving facts".

Translated with Google
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by ultimaThule 22.01.15 22:15

At the time of writing, there are 2 threads on this topic in the Libel Damages section, 1 in News, 2 in this section, and it is also being covered on the Twitter thread in the Debate section.

My concern is that valuable information can easily be overlooked if it's scattered over numerous ongoing threads and I hope that Smokeandmirrors will wave the merging stick asap.

by maebee 23.01.15 0:23

The judge said that the emotional state of Kate and Gerry McCann "is pre-existent to book

That's it, in a nut shell. The judge is saying that nothing that comes after the event of a missing child can be more emotional than when the event happened. She is telling them that that their "emotional" state began the day their daughter disappeared. What should have "destroyed" them was the disappearance of their daughter. The Mc's just don't get it.

by Angelique 23.01.15 2:07

maebee wrote:
The judge said that the emotional state of Kate and Gerry McCann "is pre-existent to book

That's it, in a nut shell. The judge is saying that nothing that comes after the event of a missing child can be more emotional than when the event happened. She is telling them that that their "emotional" state began the day their daughter disappeared. What should have "destroyed" them was the disappearance of their daughter. The Mc's just don't get it.

I agree - but isn't that the strangest thing. What the Judge refers to seems not to have happened, as we have compared how they looked coming out the the Church etc. It is in trying to destroy other people which seems to have done the most damage to their well being.

by Okeydokey 23.01.15 2:32

I don't read that as anything other than very pro-Amaral. The McCanns will be worried about the knock on effect - that at some point a UK publisher will be emboldened to publish a full account of the case including things like the Gaspar letter. In other words that the British public might become acquainted with the facts of the case.

To add: the difference is that in the past the newspapers who were taken to the cleaners in the libel cases had published all sorts of nonsense - wild and unsubstantiaed rumours . But I think a UK publisher who just published the PJ files would be immune to a libel suit in the UK . The McCanns know that. This is what the case is all about: building a firewall. Scaring off UK publishers.

by Joss 23.01.15 4:42

NickE wrote:[size=31]Judge no evidence that book about Maddie "destroyed" parents[/size]

Published às 18.40

, Updated today às 20.32

OSCAR QUEIRÓS

photo CARLOS MANUEL MARTINS / GLOBAL IMAGES
[You must be registered and logged in to see this image.]
The judge said that the emotional state of Kate and Gerry McCann "is pre-existent to book

0 4 0

A judge of the courthouse Lisbon held, on Wednesday, that the McCann couple has not been damaged because of the publication of the book "The Truth of the Lie", written by Gonçalo Amaral, where the ex - PJ coordinator argues the responsibility of Kate and Gerry in their daughter's disappearance.
Judge Emilia Melo e Castro, the assessment of the requirements of civil proceedings instituted by Kate and Gerry McCann Gonçalo Amaral for the publication of the book "Maddie, the truth of the lie," says, in order that the JN had access, that "there was proof that Kate and Gerry McCann authors are destroyed points of moral, social and ethical "with the publication of the book
Recognizing that the British couple felt "anger, despair and anguish," the magistrate said not possible, "from the available evidence, to discern" where the alleged damage attributed to Gonçalo Amaral are "a consequence of the disappearance of Madeleine" or "effect book. "
Melo e Castro said that "the family point of view the evidence revealed a successful effort cohesion" of the couple. It also found that "the sentimental / emotional point of view is not credible that the consequences of the facts of these proceedings will to the point of destruction or well beyond the pain caused by the disappearance of the daughter of those authors."
Gonçalo Amaral, told JN that he is satisfied with the decision of the magistrate, pointing out that "what was at issue was proving or disproving facts".

Translated with Google
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I think most would agree with the Judge's findings in that regard, that having a child gone would lead to any emotional trauma, and not what any book or what other people say. The McC's placed themselves in the public arena by their actions so far, and any rational person would understand that not all of the public would have the same point of view on what the McC's and others say happened, as there are facts that refute that.
I am glad to read that GA is satisfied with the decision of the magistrate.

by Joss 23.01.15 4:45

Angelique wrote:
maebee wrote:
The judge said that the emotional state of Kate and Gerry McCann "is pre-existent to book

That's it, in a nut shell. The judge is saying that nothing that comes after the event of a missing child can be more emotional than when the event happened. She is telling them that that their "emotional" state began the day their daughter disappeared. What should have "destroyed" them was the disappearance of their daughter. The Mc's just don't get it.

I agree - but isn't that the strangest thing. What the Judge refers to seems not to have happened, as we have compared how they looked coming out the the Church etc. It is in trying to destroy other people which seems to have done the most damage to their well being.

I agree it is odd, but the Judge i would think has to show some impartiality to the emotional state of the McC's, and go by the facts as she sees them in the evidence presented to her in the case, and we don't know if she has that kind of evidence that we have seen in the media?

by aiyoyo 23.01.15 5:04

Angelique wrote:
maebee wrote:
The judge said that the emotional state of Kate and Gerry McCann "is pre-existent to book

That's it, in a nut shell. The judge is saying that nothing that comes after the event of a missing child can be more emotional than when the event happened. She is telling them that that their "emotional" state began the day their daughter disappeared. What should have "destroyed" them was the disappearance of their daughter. The Mc's just don't get it.

I agree - but isn't that the strangest thing. What the Judge refers to seems not to have happened, as we have compared how they looked coming out the the Church etc. It is in trying to destroy other people which seems to have done the most damage to their well being.

@maebee,
Oh, au contraire they DO get it. They were not destroyed by her death as can be witnessed by their happy disposition after she was gone.They were destroyed when they were made arguidos. That's why they were/are angry with Amaral and the reason they vowed to destroy him. In a nutshell they were seeking vengeance. Their suit has absolutely nothing to do with Maddie or book impeding search as they claimed. Search is a convenient excuse to make money on the back of Maddie's back. This suit materialised as a result of their malice, greed and a desire to heap pain on Amaral; not helped (or rather helped ) by a lawyer wishing to ride on their name to enhance her profile.
The people who don't get it are their supporters. Those fools are blind.

@Angelique
Their well being is their own doing. Trying to destroy Amaral shows them up for their true colour ie vindictive. I sincerely hope Amaral counter-sues them.

by Smokeandmirrors 23.01.15 6:06

ultimaThule wrote:At the time of writing, there are 2 threads on this topic in the Libel Damages section, 1 in News, 2 in this section, and it is also being covered on the Twitter thread in the Debate section.

My concern is that valuable information can easily be overlooked if it's scattered over numerous ongoing threads and I hope that Smokeandmirrors will wave the merging stick asap.

I'll try and move all the threads to the "McCann v Amaral" though if I merge them the conversations might not make sense but at least they'll be together, and if it gets messed up someone better qualified will bail me out I'm sure!

Portugal Press Thurs 22 Jan: "Amaral Supporters Optimistic about Libel Trial Verdict"