McCanns vs Amaral verdict nearing.

by NickE 05.02.15 16:55

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Reflections on current affairs in Portugal by journalist and author Len Port

Thursday, February 5, 2015

McCanns vs Amaral verdict nearing

The verdict in the Kate and Gerry McCann’s civil action against the former lead detective Gonçalo Amaral may come sooner than expected because of a recent behind-the-scenes development in the long-drawn-out case.
The question of whether or not Kate and Gerry McCann are legally entitled to represent their daughter Madeleine in their claim for damages has taken a significant step closer to being resolved, according to a source close to the process.
Madeleine was made a ward of court in the UK in April 2008. In January last year, Amaral argued in Lisbon’s Palace of Justice that because Madeleine was still a ward of court the McCanns did not have the legal right to represent her in their Lisbon lawsuit against him and three other parties.
The Lisbon judge, Emília Melo e Castro, gave Madeleine’s parents the opportunity to obtain appropriate documentation about the ward of court matter from the British High Court.
The McCanns had a 30-day set period in which to present this. They did so without delay and much earlier than expected. The documentation was presented to the Lisbon court through the couple’s lawyers on 23 January. None of the defence lawyers has or is expected to raise any objections.
So it is now up to the Lisbon judge to decide the relatively straightforward matter of whether the documentation attests to the McCanns’ right to represent Madeleine. When this is settled, the trial is expected to move towards its last formal exchanges and then, finally, sooner than most people had anticipated, perhaps next month, a verdict.
The McCanns are seeking €1.2 million in damages for the severe distress they say has been caused to them by Amaral’s book, A Verdade da Mentira (‘The Truth of the Lie’), and a subsequent documentary.
The judge’s recent summary of the main points in the case that had been proved or not proved left Amaral and his supporters optimistic about the eventual outcome.
Amaral said this week that he was hoping for an acquittal and the lifting of financial difficulties that have burdened him since the McCanns decided to sue five years ago.

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by plebgate 05.02.15 17:46

Good news that this might all be over quicker than first thought.

Don't know what to make of the WOC issue though.

Mr. & Mrs. submitted documents without delay? Was this done because they were legally able to make a claim or was it done because they aren't and do not wish to incur further costs with delays etc?

Who knows, I can't work it out - what's new there, but hopefully it wont be long before Rocky can put it all behind him and the financial burden ends.

by ultimaThule 05.02.15 19:29

This article has already been reported and, to my mind, this is where it belongs: [You must be registered and logged in to see this link.]

by HelenMeg 05.03.15 11:35

Does anyone know what the procedure will be at the end of the damages case? I have read that the verdict gets sent to those concerned, rather than being publicly announced, in which case we have to wait until someone talks..
I imagine news will quickly travel - at least from Amaral's side

by Montclair 05.03.15 11:52

HelenMeg wrote:Does anyone know what the procedure will be at the end of the damages case? I have read that the verdict gets sent to those concerned, rather than being publicly announced, in which case we have to wait until someone talks..
I imagine news will quickly travel - at least from Amaral's side

Yes, you're correct.

by Guest 05.03.15 13:53

And after receiving and analyzing the decision, any one of the 5 contenders on the plaintiffs side may appeal, as may any one of the three defendants

by jeanmonroe 05.03.15 14:38

Portia wrote:And after receiving and analyzing the decision, any one of the 5 contenders on the plaintiffs side may appeal, as may any one of the three defendants

I don't 'think' ONE of the 'plaintiffs' WILL be 'making an appeal', do you?

Namely............ Madeleine Beth McCann.

Just an 'aside':

Could the McCanns be 'charged' with 'fraud', under Portuguese law, if the have knowingly included Madeleine on the libel 'writ' possibly 'knowing' she is 'no longer on this earth' (living)

And possibly hasn't been, since 3rd May 2007.

the 'main', singular, amount of the damages 'claim' is, after all, in her name.

How can a 'missing' person even 'bring a writ' to a Court?

by Guest 05.03.15 16:53

Mr Bennett: isn't this what a Ward-of-Courtship (?) is meant to provide for, precisely?

The ward is not available, so, being a minor, his/her legal representative fills out the forms?

But can one have dual guardianship? Both Justice Hoog AND the 2 McCs being acting full-fledged guardians?

by aiyoyo 06.03.15 4:18

Montclair wrote:
HelenMeg wrote:Does anyone know what the procedure will be at the end of the damages case? I have read that the verdict gets sent to those concerned, rather than being publicly announced, in which case we have to wait until someone talks..
I imagine news will quickly travel - at least from Amaral's side
Yes, you're correct.

There will be no more court session I should think. No need for Court to convene just for delivering of verdicts as it will just be bad economy. The verdicts will be given to the lawyers. When in hand, the winning side, Amaral and his support team, will make it public no doubt.

Let's see how the Mcs are going to spin their (imminent) defeat? Be prepared for them to play the victim card - to blame the Portuguese Judiciary System for failing them. If it wasn't for Isabel Duarte using underhanded filing tactics they would have been spared this humiliation.

If they are willing to face reality you'd think they will not appeal.
IMO, it will simply be waste of time and money, just to go through the motion knowing pretty darn well how futile it will be. A ruling against them on this one as well will be their second defeat from two court rulings. If ID is a competent lawyer, not out to lick their boots or out to fleece them she will advise them its over, to call it quit, enough is enough.

Personally I think ID took their case for her own vested interest, hoping to boost her portfolio should she win for international clients (her first), and who better than high profile globally and notoriously known Mccanns to have on her repertoire, but it looks certain this is going to backfire on her spectacularly. Par contre, having Mcs as her clients has probably sullen her reputation and dent her image in the industry.

I will be very surprised if they appeal given such circumstances. But since they are such narcissitic couple, one can never tell how far they will push on if only to torment the other side.

by plebgate 06.03.15 8:39

I am hoping that a message from Rocky will soon be posted.

by HelenMeg 06.03.15 10:18

plebgate wrote:I am hoping that a message from Rocky will soon be posted.

Yes - although I think he may well think carefully about how and with what words he releases the news. He may well sit and watch them for a few days and savour the pleasure

I feel like we are in that very quiet but deadly threatening calm patch when the Tsumani waters retreat backwards before the mighty wave is launched.

Everyone is sitting waiting for the 'gush' where some will get taken out to sea - some will be taken in and spat out - some will ride the wave and emerge victorious - but the frustrations ofthe last 8 years will be trashed.

by jeanmonroe 06.03.15 10:25

I will be very surprised if they appeal given such circumstances. But since they are such narcissitic couple, one can never tell how far they will push on if only to torment the other side.
--------------------------------------

If they 'lose' will this be the 'time' for OG/MET to step forward with all sorts of 'spurios' NEW 'leads'?

DCI Wall's 'moment' in the sun?

In 'reality' we only have 2 more 'BBC 'Maddiewatch's' (unless, of course, there's 'suddenly' a 'special') BEFORE the GE.

Will DCI Wall 'wait' that long? (GE)

by HelenMeg 06.03.15 10:30

DCI Wall will do as she is told. By the Home Office

by sar 06.03.15 18:30

jeanmonroe wrote:I will be very surprised if they appeal given such circumstances. But since they are such narcissitic couple, one can never tell how far they will push on if only to torment the other side.
--------------------------------------

If they 'lose' will this be the 'time' for OG/MET to step forward with all sorts of 'spurios' NEW 'leads'?

DCI Wall's 'moment' in the sun?

In 'reality' we only have 2 more 'BBC 'Maddiewatch's' (unless, of course, there's 'suddenly' a 'special') BEFORE the GE.

Will DCI Wall 'wait' that long? (GE)

...like I said on another thread, time for an "ACME" distraction, a la Wile E. Coyote! Maybe the T.N.T. will go off severing the overhang and someone will be left hanging mid air with their feet whizzing round? Followed by a bird's eye view of a tiny spec thudding into the ground and a little puff of smoke on the canyon floor!

by aiyoyo 06.03.15 23:05

HelenMeg wrote:DCI Wall will do as she is told. By the Home Office

Errr....what has she been told ....by the Home Office? Do we know ...?

If you are referring to the "abduction" remit, that surely must be in keeping with paperwork procedure as the missing child incident has officially been reported as an "abduction".

It does not necessary mean that Op Grange went out to do an close minded investigation on said basis only. I believe their operation is an open minded one (it had to be because that is Police fundamental principle) and that the word "abduction" used must be taken in the right context ie to be read together in conjunction with the other words in the sentence - "as if the abduction occured in the UK" - meaning applying UK police procedures for "reported abduction" not Portugal ones, rather than meaning to investigate it on the basis of "abduction" only.

That's my take on the context of the remit.

by LombardySkeptik 06.03.15 23:14

aiyoyo wrote:
HelenMeg wrote:DCI Wall will do as she is told. By the Home Office

Errr....what has she been told ....by the Home Office? Do we know ...?

If you are referring to the "abduction" remit, that surely must be in keeping with paperwork procedure as the missing child incident has officially been reported as an "abduction".

It does not necessary mean that Op Grange went out to do an close minded investigation on said basis only. I believe their operation is an open minded one (it had to be because that is Police fundamental principle) and that the word "abduction" used must be taken in the right context ie to be read together in conjunction with the other words in the sentence - "as if the abduction occured in the UK" - meaning applying UK police procedures for "reported abduction" not Portugal ones, rather than meaning to investigate it on the basis of "abduction" only.

That's my take on the context of the remit.

I agree - i have always looked as the remit as in "as if the offence/incident/crime/etc" took place in the UK i.e., follow usual procedures

I remain open-minded.....but not necessarily convinced that anything substantial will come of it

by inspirespirit 07.03.15 9:23

Why is the last post showing as Today at 10.14am when it is only 09.23am?

by Guest 07.03.15 9:34

inspirespirit wrote:Why is the last post showing as Today at 10.14am when it is only 09.23am?

It's showing 11.14pm for me. You need to adjust your settings.

by plebgate 09.03.15 9:13

HelenMeg wrote:
plebgate wrote:I am hoping that a message from Rocky will soon be posted.
Yes - although I think he may well think carefully about how and with what words he releases the news. He may well sit and watch them for a few days and savour the pleasure

I feel like we are in that very quiet but deadly threatening calm patch when the Tsumani waters retreat backwards before the mighty wave is launched.

Everyone is sitting waiting for the 'gush' where some will get taken out to sea - some will be taken in and spat out - some will ride the wave and emerge victorious - but the frustrations ofthe last 8 years will be trashed.

Let's hope we hear something this week.

Good post HMeg

by HelenMeg 09.03.15 10:11

I hope so Plebgate - I really do - or it will be a tedious week

by jeanmonroe 10.03.15 9:57

Does anyone know what 'percentage' of the libel 'claim' is directly attributed against GA?

Is the total libel 'claim' against GA personally or himself and the three 'other' defendents'?

ergo: 'each' defendent 'liable' for 25% of the 'claim'.

NOT 'one' particular defendent 'liable' for the entire 'amount'. (of the 'claim')

by HelenMeg 10.03.15 11:14

I dont know the answers to those questions.

It has now been over 43 days since the last court session re this case.
The verdict may well have been sent out by letter by now. I predict Amaral will take 2 or 3 days or more to sit on it and digest before announcing things and thanking his supporters etc etc .
I cant see the Mc Canns making a song and dance of it. They will be discussing their next move or being advised what to do although most 'supporteres / advisers' will have now left them to fend for themselves.

Of course these thoughts are just my opinion and may well be completely wrong. It seems funny to think that after all the publicity the claim will end with a couple of letters quietly falling through letter boxes.

by HelenMeg 12.03.15 12:54

by plebgate 12.03.15 13:03

Disappointing no news yet from Portugal. Still I think we have all learned to be patient. I think I read that the judge will be reading out her findings in court. Not sure I am right, but maybe they have been told not to say anything until and if that happens.

If it is correct, anyone know when that might be?

by HelenMeg 13.03.15 11:37

plebgate wrote:Disappointing no news yet from Portugal. Still I think we have all learned to be patient. I think I read that the judge will be reading out her findings in court. Not sure I am right, but maybe they have been told not to say anything until and if that happens.

If it is correct, anyone know when that might be?

I hope something happens soon . I dont think there will be any progress until this verdict is announced. I'm really surprised it is taking so long... although I do have a feeling that maybe people have already been informed. If I were Goncalo I may be inclined to sit and watch what happens without saying anything for a while. I do feel the recent Facebook activity of the Payne's is for a reason - to distract.

by Guest 13.03.15 12:06

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by HelenMeg 13.03.15 12:11

OK - lets be patient! Mrs

by Guest 13.03.15 12:30

Lisbon Trial: Awaiting the Verdict

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Many of you who have been following the trial will be aware of the fact that the deadline for all parties to deliver their legal arguments to the court ended on the 26th of February.

Legal arguments were delivered by several parties and now we await a verdict from the Judge.

[You must be registered and logged in to see this link.] stipulates an indicative period of 30 days after the process is concluded by the Judge. While this is not a legal deadline but merely a recommendation, several jurists believe that this case will receive a relatively swift decision.

Judicial holidays over the Easter period (March 29-April 6, dates are inclusive) mean that no verdict will be issued during this interruption of the Courts' work.

We trust in Justice and serenely await the Judge's decision, in solidarity with Gonçalo Amaral.

For your ongoing support, we thank you very, very much.

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by aiyoyo 13.03.15 15:00

Legal arguments closed on 26 Feb.
30 days hencefroth to verdict date would make it about 28 March (short month in Feb) when the verdict should be out.

If no delay is foreseen, should be out before SP's documentary.

Just thinking aloud.

by HelenMeg 13.03.15 15:16

aiyoyo wrote:Legal arguments closed on 26 Feb.
30 days hencefroth to verdict date would make it about 28 March (short month in Feb) when the verdict should be out.

If no delay is foreseen, should be out before SP's documentary.

Just thinking aloud.

I thought legal arguments closed on 26th Jan...... no wonder I've been getting impatient...