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The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by noddy100 on 21.01.15 16:50

I can't help thinking if it went in their favour it would be all over the MSM

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by sallypelt on 21.01.15 16:54

@noddy100 wrote:I can't help thinking if it went in their favour it would be all over the MSM
Noddy, I am confused. I can't make out whether Dr Amaral won or lost, or is the verdict mixed?

This link  may help:

http://themaddiecasefiles.com/post321103.html#p321103

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by Joss on 21.01.15 16:57

This was the judgement from the Court of Appeal which GA won his right to his book: It is understood Goncalo Amaral wrote the book specifically to defend his Professional & Personal Integrity and was within his legal right to do so. The book does not violate any of the McCann's fundamental rights and on this proviso why should the McCann's win anything? I think the Judge in this case has to follow from the Appeals Court decision.

(Quote):
We thus arrive at this conclusion. It seems important to stress the following:

The indicative facts that led to the McCanns being made formal suspects [arguidos] in the initial investigation were not deemed by the Ministry of Justice to be sufficient to lead to anyone being charged with any criminal offence. But those very same facts, seen through another prism and from another foundation, may well lead to a different conclusion from that reached by the Justice Ministry. The evidence that was deemed to be insufficient for a criminal prosecution can be understood in a different way, for example in an interpretation that can quite legitimately be published as a work of literature, so long as the said interpretation does not offend the fundamental rights of anyone involved. And as we have stated above, we have explained why the interpretation in Dr Amaral’s book does not offend the McCanns’ rights.

To sum up: The main purpose of the book at issue in these proceedings - ‘Maddie: The Truth About A Lie’ - which was written by the defendant, Dr Goncalo Amaral – is to defend his personal and professional integrity, as the author himself points out straightaway in his preface, and throughout the text. 

The contents of the book do not violate any of the McCanns’ [the applicants’] fundamental rights.

The actions of its being written and published are justified under the constitutional rights which belong to all of us by virtue of the European Convention on Human Rights and by Articles 37 and 38 of the Portuguese Republic’s Constitution.

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by noddy100 on 21.01.15 16:59

Lots of 'unprovens'
Has it concluded?

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by Joss on 21.01.15 17:06

I don't think it's a done deal yet.
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by Daryl Dixon on 21.01.15 17:17

What's happened to proven/not proved 1 - 10? It seems to start at 11.

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by ultimaThule on 21.01.15 17:23

drama  ALERT

What is it with these kneejerk reactions?  

The trial is NOT over, the verdict has NOT been handed down and speculation at this point in time serves no purpose whatosever.
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by NickE on 21.01.15 17:23

13. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate MacCann and Gerald MacCann suffer permanent anguish, insomnia, lack of appetite, anxiety and irritability, preoccupation and indefinable fear?

Proved........BUT:

The judge adds that this psychological state is pre-existent to the book, the documentary and the interview and was not caused by the book. Nonetheless, it cannot be reasonable to believe that the book, the documentary and the interview had no effect on the couple, i.e. It had an effect but that is perfectly normal.


^^^^THIS.


IMO The McCann lost.

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by SuspiciousMinds on 21.01.15 17:43

Next bit: (quoting!)

27. Are the facts that are reported by defendant Gonçalo Amaral in the book and in the aforementioned interviews, like he himself writes and said, facts that were established during the inquiry?

28. Does the documentary only contain facts that are also in the inquiry files?

(Both articles) It is proved that the facts in the book and in the documentary, concerning the investigation, are mostly facts that took place in the investigation and are documented as such.

The judge does note that some of the facts in the book are not complete, and some facts that are in the book are not in the case files, including Jane Tanner's "informal" recognition of Robert Murat.

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by Daryl Dixon on 21.01.15 17:48

I'm still wondering why points 1 - 10 have been omitted. Surely the most important points would have been dealt with first.

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by sallypelt on 21.01.15 17:57

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 2014, the poor bastards. The poor, exploited bastards.

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by plebgate on 21.01.15 18:06

Should that read January 2015 SallyP?   I know you have c & P'd it, but I think it is referring to today's court session.

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by SuspiciousMinds on 21.01.15 18:07

We seem to have skipped a few more numbers here:


36. The documentary was reproduced, and even subtitled in the English language, by third parties that published it on the internet, without permission and against the will of the defendant “V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.”?

Proved.

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by SuspiciousMinds on 21.01.15 18:08

1. Gonçalo Amaral made the statements that are attributed to him under item Z)*?

*(item Z is the Correio da Manhã interview)

Proved.


2. The cover price of the book “Maddie, A Verdade da Mentira” in Portugal is € 13.80, including VAT?

It is proved that the editor set the selling price at 13,33 euro, including VAT.

3. Defendant Gonçalo Amaral has earned from the sale of the book “Maddie, A Verdade da Mentira” an amount that is not less than € 621.000,00?

4. Defendant Gonçalo Amaral has earned from the sale of editions in foreign languages of the book an amount that is not less than € 498.750,00?

(Items 3&4) It is proved that Gonçalo Amaral earned 342.111,86 euro from the sales of the book in the years 2008 and 2009. This information is based on data from the Portuguese Revenue Agency.

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by plebgate on 21.01.15 18:09

Well no. 36 sounds good for the defendants imo.

I am going to wait now until we see it all in full.

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by SuspiciousMinds on 21.01.15 18:11

Doesn't look like they're going to get anywhere near 1.2million, even if they do win! big grin

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Capita 1-10

Post by Guest on 21.01.15 18:12

Presumably these items, taking precedence over/before the bits already out in the open, are longer, thouroughly thought out, legally more intricate, and hence more time consuming to translate.

Cleary, Lady Castro y Melo is weighing her words with the utmost care, in order not to supply anyone with unnecessary, preventable  arguments for an appeal
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by Smokeandmirrors on 21.01.15 18:19

Hmmmm…. interesting so far. Doesn't look too promising for the Mc's so far if I'm reading it correctly.

I wonder what they'd have to pay in costs for their own legal team and Amarals if they lose? And if Amaral wins, will he sue them for wasting 6 yrs of his life, in terms of frozen assets, slander and so on. If he wins, I hope he takes legal action of his own.

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by SuspiciousMinds on 21.01.15 18:27

5. The book was sold in Brazil by defendant “Guerra e Paz, Editores, S.A.”?

Not proved.

6. The DVD has a cover price of € 6,00?

Proved that it was sold for 6,95 euro with newspaper Correio daManhã.

7. Defendant Gonçalo Amaral has earned from the sale of the DVD an amount that is not less than € 112.500,00?

Proved that he earned 40.000 euro from DVD sales in 2008. Based on info from the Revenue Service.

8. The DVD that is mentioned under AN) has been edited and the edited copies have been sold by defendant “V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.”?

Proved.

9. Defendant “V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.”? has already made the DVD, in an English version, available for immediate delivery via internet order?

Not proved.

10. At least two million and two hundred thousand people have watched the programme that was broadcast on 13.4.2009?

Proved.

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by sallypelt on 21.01.15 18:35

@plebgate wrote:Should that read January 2015 SallyP?   I know you have c & P'd it, but I think it is referring to today's court session.
Yes, plebgate, here's the date: Wednesday, 21 January 2015

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by Tony Bennett on 21.01.15 19:04

Have opened a new thread with a full list of all the 36 points in the 'summary of facts' we have heard about today.

For convenience, I am posting it here as well:

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++


1.  Gonçalo Amaral made the statements that are attributed to him under item Z)*?

*(item Z is the Correio da Manhã interview)

Proved.



2. The cover price of the book “Maddie, A Verdade da Mentira” in Portugal is €13.80, including VAT?

It is proved that the editor set the selling price at €13,33, including VAT.

3.  Defendant Gonçalo Amaral has earned from the sale of the book “Maddie, A Verdade da Mentira” an amount that is not less than €621.000,00?

4. Defendant Gonçalo Amaral has earned from the sale of editions in foreign languages of the book an amount that is not less than €498.750,00?

(Items 3&4) It is proved that Gonçalo Amaral earned 342.111,86 euro from the sales of the book in the years 2008 and 2009. This information is based on data from the Portuguese Revenue Agency.


The book was sold in Brazil by defendant “Guerra e Paz, Editores, S.A.”?

Not proved.

5. MISSING



6. The DVD has a cover price of €6,00?

Proved that it was sold for €6,95 euro with newspaper Correio da Manhã.

7. Defendant Gonçalo Amaral has earned from the sale of the DVD an amount that is not less than € 112.500,00?

Proved that he earned €40.000 from DVD sales in 2008. Based on info from the Revenue Service.



8. The DVD that is mentioned under AN) has been edited and the edited copies have been sold by defendant “V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.”?

Proved.

9. Defendant “V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.”? has already made the DVD, in an English version, available for immediate delivery via internet order?

Not proved.

10. At least two million and two hundred thousand people have watched the programme that was broadcast on 13.4.2009?

Proved.


11. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, the Polícia Judiciária stopped collecting information and investigating the disappearance of Madeleine McCann?

Not proved.


12. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate McCann and Gerald McCann are completely destroyed, from a moral, social, ethical, sentimental, family point of view, much beyond the pain that their daughter’s absence causes them?

Not proved.


13. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate McCann and Gerald McCann suffer permanent anguish, insomnia, lack of appetite, anxiety and irritability, preoccupation and indefinable fear?

Proved.

The judge adds that this psychological state is pre-existent to the book, the documentary and the interview and was not caused by the book. Nonetheless, it cannot be reasonable to believe that the book, the documentary and the interview had no effect on the couple, i.e. It had an effect but that is perfectly normal.


14. Authors Kate McCann and Gerald McCann feel a deep shame and an indescribable ill-being because they are considered, by most people who know the theories of defendant Gonçalo Amaral, as having responsibility in the death of their daughter, being so cowardly that they have hidden her cadaver, simulating abduction, all of this to avoid criminal accusations?

Proved that the couple felt badly about being considered responsible over the hiding of their daughter's body and simulating her abduction by those who believe in Mr Amaral's thesis.

The judge states that it is not possible to determine what most people who have read or seen Mr Amaral's thesis actually think.


She adds that the plaintiffs failed to prove shame, even with Kate stating it was not shame that she felt.

The judge once more believes it is expectable that the plaintiffs would feel badly about being considered to be responsible for hiding the body and staging an abduction - not, the judge stresses, about being responsible for their daughter's death, as is commonly, and mistakenly, believed.

15. Authors Kate McCann and Gerald McCann live under enormous daily pressure due to the need to keep their younger children away from the knowledge of defendant Gonçalo Amaral’s opinions about their moral integrity?

Proved that the couple feels the need to keep their younger children from finding out about said thesis.

This fact also derives from common experience and was corroborated by David Trickey's testimony.


16. Namely because of defendant Gonçalo Amaral’s statements in the book, in the documentary and in the interview to Correio da Manhã, author Kate McCann is immerged in a deep and serious depression, which has already made her state publicly “I wish I was in a coma, to relieve the pain”?

Not proved.


17. Sean and Amelie McCann will soon become aware of the conclusions that are mentioned in J), because they will go to school?

It is proved that Sean and Amelie started school in August of 2010 and have not learned about Mr Amaral's thesis yet.


18, 19, 20 MISSING

21. The criminal inquiry was reopened due to the appearance of new evidence?

Not proved.

22. The attention of the media and of people in general diminished when defendant Gonçalo Amaral’s book was published?

Not proved.

23. MISSING


24. The so-called “Maddie Case” has been profoundly treated within the Portuguese and foreign society, whether by the media, or through books, like those authored by Paulo Pereira Cristóvão, Manuel Catarino and Hernâni Carvalho?

Proved.


25. The so-called “Maddie Case” was commented upon by Dr. Francisco Moita Flores, former inspector, writer, criminalist and commentator, in various media?

Proved.


26. MISSING

27. Are the facts that are reported by defendant Gonçalo Amaral in the book and in the aforementioned interviews, like he himself writes and said, facts that were established during the inquiry?

28. Does the documentary only contain facts that are also in the inquiry files?

(Both articles) It is proved that the facts in the book and in the documentary, concerning the investigation, are mostly facts that took place in the investigation and are documented as such.

The judge does note that some of the facts in the book are not complete, and some facts that are in the book are not in the case files, including Jane Tanner's "informal" recognition of Robert Murat.


29, 20, 31, 32, 33, 34, 35 MISSING
36. The documentary was reproduced, and even subtitled in the English language, by third parties that published it on the internet, without permission and against the will of the defendant “V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.”?

Proved.



++++++++++++++++++++

ETA:   I will just add my take on points 12 and 13.

Which are reported thus:

12. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate McCann and Gerald McCann are completely destroyed, from a moral, social, ethical, sentimental, family point of view, much beyond the pain that their daughter’s absence causes them?

Not proved.


13. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate McCann and Gerald McCann suffer permanent anguish, insomnia, lack of appetite, anxiety and irritability, preoccupation and indefinable fear?

Proved.



THEREFORE...LIST OF THINGS CAUSED BY AMARAL'S STATEMENTS IN HIS BOOK:

Mr McCanns are completely destroyed, from a moral, social, ethical, sentimental, family point of view, much beyond the pain that their daughter’s absence causes them?

BUT NOT CAUSED BY AMARAL'S BOOK:

The McCanns suffering from  

* permanent anguish,
* insomnia,
* lack of appetite,
* anxiety and irritability,
* preoccupation and
* indefinable fear?


This all looks like a botched attempt at compromise.

They are 'totally destroyed'...yet NOT 'totally destroyed'.

I think that 5 years and 7 months after the McCanns' writ was issued, the Court still can't make up its mind   



ETA 2: On reflection, on what I've read of today's proceedings, this tweet by Martin Brunt does not look hugely unfair:

Martin Brunt @skymartinbrunt ·  
#Madeleine Lisbon judge rules ex-cop's book caused McCanns hurt and emotional distress. From private hearing ahead of libel judgement

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https://answersingenesis.org/evidence-for-creation/god-created-plant-pollinator-partners/  

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by fz2 on 21.01.15 20:59

ETA:   I will just add my take on points 12 and 13.

Which are reported thus:

12. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate McCann and Gerald McCann are completely destroyed, from a moral, social, ethical, sentimental, family point of view, much beyond the pain that their daughter’s absence causes them?

Not proved.


13. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate McCann and Gerald McCann suffer permanent anguish, insomnia, lack of appetite, anxiety and irritability, preoccupation and indefinable fear?

Proved.



THEREFORE...LIST OF THINGS CAUSED BY AMARAL'S STATEMENTS IN HIS BOOK:

Mr McCanns are completely destroyed, from a moral, social, ethical, sentimental, family point of view, much beyond the pain that their daughter’s absence causes them?

BUT NOT CAUSED BY AMARAL'S BOOK:

The McCanns suffering from  

* permanent anguish,
* insomnia,
* lack of appetite,
* anxiety and irritability,
* preoccupation and
* indefinable fear?


This all looks like a botched attempt at compromise.

They are 'totally destroyed'...yet NOT 'totally destroyed'.

I think that 5 years and 7 months after the McCanns' writ was issued, the Court still can't make up its mind   



ETA 2: On reflection, on what I've read of today's proceedings, this tweet by Martin Brunt does not look hugely unfair:

Martin Brunt @skymartinbrunt ·  
#Madeleine Lisbon judge rules ex-cop's book caused McCanns hurt and emotional distress. From private hearing ahead of libel judgement
@Tony Bennett wrote:Have opened a new thread with a full list of all the 36 points in the 'summary of facts' we have heard about today.

For convenience, I am posting it here as well:

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++


1.  Gonçalo Amaral made the statements that are attributed to him under item Z)*?

*(item Z is the Correio da Manhã interview)

Proved.



2. The cover price of the book “Maddie, A Verdade da Mentira” in Portugal is €13.80, including VAT?

It is proved that the editor set the selling price at €13,33, including VAT.

3.  Defendant Gonçalo Amaral has earned from the sale of the book “Maddie, A Verdade da Mentira” an amount that is not less than €621.000,00?

4. Defendant Gonçalo Amaral has earned from the sale of editions in foreign languages of the book an amount that is not less than €498.750,00?

(Items 3&4) It is proved that Gonçalo Amaral earned 342.111,86 euro from the sales of the book in the years 2008 and 2009. This information is based on data from the Portuguese Revenue Agency.


The book was sold in Brazil by defendant “Guerra e Paz, Editores, S.A.”?

Not proved.

5. MISSING



6. The DVD has a cover price of €6,00?

Proved that it was sold for €6,95 euro with newspaper Correio da Manhã.

7. Defendant Gonçalo Amaral has earned from the sale of the DVD an amount that is not less than € 112.500,00?

Proved that he earned €40.000 from DVD sales in 2008. Based on info from the Revenue Service.



8. The DVD that is mentioned under AN) has been edited and the edited copies have been sold by defendant “V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.”?

Proved.

9. Defendant “V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.”? has already made the DVD, in an English version, available for immediate delivery via internet order?

Not proved.

10. At least two million and two hundred thousand people have watched the programme that was broadcast on 13.4.2009?

Proved.


11. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, the Polícia Judiciária stopped collecting information and investigating the disappearance of Madeleine McCann?

Not proved.


12. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate McCann and Gerald McCann are completely destroyed, from a moral, social, ethical, sentimental, family point of view, much beyond the pain that their daughter’s absence causes them?

Not proved.


13. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate McCann and Gerald McCann suffer permanent anguish, insomnia, lack of appetite, anxiety and irritability, preoccupation and indefinable fear?

Proved.

The judge adds that this psychological state is pre-existent to the book, the documentary and the interview and was not caused by the book. Nonetheless, it cannot be reasonable to believe that the book, the documentary and the interview had no effect on the couple, i.e. It had an effect but that is perfectly normal.


14. Authors Kate McCann and Gerald McCann feel a deep shame and an indescribable ill-being because they are considered, by most people who know the theories of defendant Gonçalo Amaral, as having responsibility in the death of their daughter, being so cowardly that they have hidden her cadaver, simulating abduction, all of this to avoid criminal accusations?

Proved that the couple felt badly about being considered responsible over the hiding of their daughter's body and simulating her abduction by those who believe in Mr Amaral's thesis.

The judge states that it is not possible to determine what most people who have read or seen Mr Amaral's thesis actually think.


She adds that the plaintiffs failed to prove shame, even with Kate stating it was not shame that she felt.

The judge once more believes it is expectable that the plaintiffs would feel badly about being considered to be responsible for hiding the body and staging an abduction - not, the judge stresses, about being responsible for their daughter's death, as is commonly, and mistakenly, believed.

15. Authors Kate McCann and Gerald McCann live under enormous daily pressure due to the need to keep their younger children away from the knowledge of defendant Gonçalo Amaral’s opinions about their moral integrity?

Proved that the couple feels the need to keep their younger children from finding out about said thesis.

This fact also derives from common experience and was corroborated by David Trickey's testimony.


16. Namely because of defendant Gonçalo Amaral’s statements in the book, in the documentary and in the interview to Correio da Manhã, author Kate McCann is immerged in a deep and serious depression, which has already made her state publicly “I wish I was in a coma, to relieve the pain”?

Not proved.


17. Sean and Amelie McCann will soon become aware of the conclusions that are mentioned in J), because they will go to school?

It is proved that Sean and Amelie started school in August of 2010 and have not learned about Mr Amaral's thesis yet.


18, 19, 20 MISSING

21. The criminal inquiry was reopened due to the appearance of new evidence?

Not proved.

22. The attention of the media and of people in general diminished when defendant Gonçalo Amaral’s book was published?

Not proved.

23. MISSING


24. The so-called “Maddie Case” has been profoundly treated within the Portuguese and foreign society, whether by the media, or through books, like those authored by Paulo Pereira Cristóvão, Manuel Catarino and Hernâni Carvalho?

Proved.


25. The so-called “Maddie Case” was commented upon by Dr. Francisco Moita Flores, former inspector, writer, criminalist and commentator, in various media?

Proved.


26. MISSING

27. Are the facts that are reported by defendant Gonçalo Amaral in the book and in the aforementioned interviews, like he himself writes and said, facts that were established during the inquiry?

28. Does the documentary only contain facts that are also in the inquiry files?

(Both articles) It is proved that the facts in the book and in the documentary, concerning the investigation, are mostly facts that took place in the investigation and are documented as such.

The judge does note that some of the facts in the book are not complete, and some facts that are in the book are not in the case files, including Jane Tanner's "informal" recognition of Robert Murat.


29, 20, 31, 32, 33, 34, 35 MISSING
36. The documentary was reproduced, and even subtitled in the English language, by third parties that published it on the internet, without permission and against the will of the defendant “V.C. – Valentim de Carvalho – Filmes, Audiovisuais, S.A.”?

Proved.



++++++++++++++++++++

ETA:   I will just add my take on points 12 and 13.

Which are reported thus:

12. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate McCann and Gerald McCann are completely destroyed, from a moral, social, ethical, sentimental, family point of view, much beyond the pain that their daughter’s absence causes them?

Not proved.


13. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate McCann and Gerald McCann suffer permanent anguish, insomnia, lack of appetite, anxiety and irritability, preoccupation and indefinable fear?

Proved.



THEREFORE...LIST OF THINGS CAUSED BY AMARAL'S STATEMENTS IN HIS BOOK:

Mr McCanns are completely destroyed, from a moral, social, ethical, sentimental, family point of view, much beyond the pain that their daughter’s absence causes them?

BUT NOT CAUSED BY AMARAL'S BOOK:

The McCanns suffering from  

* permanent anguish,
* insomnia,
* lack of appetite,
* anxiety and irritability,
* preoccupation and
* indefinable fear?


This all looks like a botched attempt at compromise.

They are 'totally destroyed'...yet NOT 'totally destroyed'.

I think that 5 years and 7 months after the McCanns' writ was issued, the Court still can't make up its mind   



ETA 2: On reflection, on what I've read of today's proceedings, this tweet by Martin Brunt does not look hugely unfair:

Martin Brunt @skymartinbrunt ·  
#Madeleine Lisbon judge rules ex-cop's book caused McCanns hurt and emotional distress. From private hearing ahead of libel judgement
ETA:   I will just add my take on points 12 and 13.

Which are reported thus:

12. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate McCann and Gerald McCann are completely destroyed, from a moral, social, ethical, sentimental, family point of view, much beyond the pain that their daughter’s absence causes them?

Not proved.


13. Because of the statements made by defendant Gonçalo Amaral in the book, in the documentary and in the interview to Correio da Manhã, authors Kate McCann and Gerald McCann suffer permanent anguish, insomnia, lack of appetite, anxiety and irritability, preoccupation and indefinable fear?

Proved.



THEREFORE...LIST OF THINGS CAUSED BY AMARAL'S STATEMENTS IN HIS BOOK:

Mr McCanns are completely destroyed, from a moral, social, ethical, sentimental, family point of view, much beyond the pain that their daughter’s absence causes them?

BUT NOT CAUSED BY AMARAL'S BOOK:

The McCanns suffering from  

* permanent anguish,
* insomnia,
* lack of appetite,
* anxiety and irritability,
* preoccupation and
* indefinable fear?


This all looks like a botched attempt at compromise.

They are 'totally destroyed'...yet NOT 'totally destroyed'.

I think that 5 years and 7 months after the McCanns' writ was issued, the Court still can't make up its mind   



ETA 2: On reflection, on what I've read of today's proceedings, this tweet by Martin Brunt does not look hugely unfair:

Martin Brunt @skymartinbrunt ·  
#Madeleine Lisbon judge rules ex-cop's book caused McCanns hurt and emotional distress. From private hearing ahead of libel judgement.

There has been a dearth of silence since Tony posted this and Im not surprised.

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by Smokeandmirrors on 21.01.15 21:03

Well I'm VERY interested to know what the missing points were. IMO it seems to be coming down more on Amarals side from my reading, but it could all depend on the missing items. I certainly got the feeling that the judge was not impressed/interested in the McCann family/friends witness statements in the earlier hearing. I don't think either side will be popping corks just yet, but there may be a bit of "fury" reverberating  somewhere in Leicestershire tonight.

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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by aiyoyo on 21.01.15 21:21


Martin Brunt @skymartinbrunt [/u] ·  
#Madeleine Lisbon judge rules ex-cop's book caused McCanns hurt and emotional distress. From private hearing ahead of libel judgement

Diabolical, and he's supposed to be a journalist / reporter !

It's not a libel suit for a start.

Another thing, why did he not twit the full fact instead of cherry picked?
Priceless man, still trying to suck up to the Mccanns.
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Re: The January 2015 McCanns v Amaral hearing on the facts - what did the Portuguese Court of Appeal say about the facts?

Post by plebgate on 21.01.15 21:24

Isabelle McFadden @PORTUGALCDS
THE TRUTH about today's day in court. #mccann Media gets it Wrong pic.twitter.com/NyfOE0BrxK

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