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Post by aiyoyo on 29.04.15 10:59

http://laidbareblog.blogspot.co.uk/2015/04/the-plot-thickens.html





The plot thickens......


Yesterday, 28th April 2015, the media reported that the McCanns had been awarded varying figures from the damages trial they instigated against Goncalo Amaral. We were very sceptical as to whether the news was genuine, or whether it was simply more dirty tricks from team McCann, the like of which we saw on January 21st 2015, when someone, rumoured to be Isabel Duarte, the McCann's lawyer, told the Lusa News Agency that the McCann's had won the trial against Goncalo.

For those of you who don't know what the Lusa News Agency is, it is basically a 51% state owned organization, that gathers reports and articles, press and news companies can then access this information, and use it to publish news through their outlets. As Sky News and various others did yesterday.

What took us all by surprise as events unfolded, was that the press were getting these stories before Goncalo's legal team were. This just didn't make sense at all The verdict was always supposed to be sent to both parties in writing.

So why didn't Goncalo's team have the documentation?

The answer to that is quite astonishing.

Isabel Duarte got her hands on the document before it passed through Citius, the judicial network, she then passed it on to several journalists.

The documentation that she was passing round yesterday, bore no official authentication. It couldn't possibly have done, as it hadn't passed through the full legal process.

http://www.eliphashardi.eu/

We will update this blog for you to judge for yourselves, just as soon as we have more information.

Some big questions remain though.

How was confidential information leaked to Isabel Duarte?

Did Isabel Duarte obtain these documents illegally?

Has Isabel Duarte breached legal protocol by passing unofficial documentation onto the press?

and most importantly, could this jeopardise the entire verdict?

Goncalo Has Lost the Libel trial  - Page 8 Isabel%2Bduarte
Centre of a judicial storm, Isabel Duarte (above) 


One thing is for sure it opens the door for an official complaint from Goncalo Amaral's legal team, who yesterday couldn't publicly comment to the many calls from the media, as they didn't have any information with which to do so. 

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Post by aiyoyo on 29.04.15 11:02

That truly shows up ID for what she is.  
If that is not proof enough for the Judge how dodgy ID is, I don't know what will.
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Post by aiyoyo on 29.04.15 11:04

Joana Morais ‏@xklamation 18m18 minutes ago

@KSLPinto Seems the #mccann couple is going to pay 58,30% of the main legal action costs & Amaral 41,70%, they lost several of their demands
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Post by sallypelt on 29.04.15 11:08

@aiyoyo wrote:Joana Morais ‏@xklamation 18m18 minutes ago

@KSLPinto Seems the #mccann couple is going to pay 58,30% of the main legal action costs & Amaral 41,70%, they lost several of their demands
And those costs must be HUGE!!!
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Post by snook on 29.04.15 11:10

Yes Sally I understand that. Justice it seems, is only available to the wealthy and we'll connected.
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Post by jozi on 29.04.15 11:12

@aiyoyo wrote:Joana Morais ‏@xklamation 18m18 minutes ago

@KSLPinto Seems the #mccann couple is going to pay 58,30% of the main legal action costs & Amaral 41,70%, they lost several of their demands
WHAT....then how can they say they won !
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Post by sallypelt on 29.04.15 11:12

@snook wrote:Yes Sally I understand that. Justice it seems, is only available to the wealthy and we'll connected.
SNOOK, from what I understand of "winning cases", we may be in for a big surprise. They may end up paying in costs, far more than they have won in "damages". I have seen it ALL before.
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Post by snook on 29.04.15 11:13

We can certainly hope so!
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Post by jozi on 29.04.15 11:16

@sallypelt wrote:
@snook wrote:Yes Sally I understand that. Justice it seems, is only available to the wealthy and we'll connected.
SNOOK, from what I understand of "winning cases", we may be in for a big surprise. They may end up paying in costs, far more than they have won in "damages". I have seen it ALL before.
Fingers crossed then !!! Legs, arms too, in fact any darn thing at all, cross it !!!
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Post by aiyoyo on 29.04.15 11:17

@sallypelt wrote:
@aiyoyo wrote:Joana Morais ‏@xklamation 18m18 minutes ago

@KSLPinto Seems the #mccann couple is going to pay 58,30% of the main legal action costs & Amaral 41,70%, they lost several of their demands
And those costs must be HUGE!!!

Wont surpass the award, IMO.
The costs will  be in the 100K region I'd think.

I'm more interested to know how ID got her hands on the document even before  it was officially stamped for release (assuming the document she released is authentic) ?
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Post by Joss on 29.04.15 11:22

@aiyoyo wrote:

http://laidbareblog.blogspot.co.uk/2015/04/the-plot-thickens.html







The plot thickens......




Yesterday, 28th April 2015, the media reported that the McCanns had been awarded varying figures from the damages trial they instigated against Goncalo Amaral. We were very sceptical as to whether the news was genuine, or whether it was simply more dirty tricks from team McCann, the like of which we saw on January 21st 2015, when someone, rumoured to be Isabel Duarte, the McCann's lawyer, told the Lusa News Agency that the McCann's had won the trial against Goncalo.

For those of you who don't know what the Lusa News Agency is, it is basically a 51% state owned organization, that gathers reports and articles, press and news companies can then access this information, and use it to publish news through their outlets. As Sky News and various others did yesterday.

What took us all by surprise as events unfolded, was that the press were getting these stories before Goncalo's legal team were. This just didn't make sense at all The verdict was always supposed to be sent to both parties in writing.

So why didn't Goncalo's team have the documentation?

The answer to that is quite astonishing.

Isabel Duarte got her hands on the document before it passed through Citius, the judicial network, she then passed it on to several journalists.

The documentation that she was passing round yesterday, bore no official authentication. It couldn't possibly have done, as it hadn't passed through the full legal process.

http://www.eliphashardi.eu/

We will update this blog for you to judge for yourselves, just as soon as we have more information.

Some big questions remain though.

How was confidential information leaked to Isabel Duarte?

Did Isabel Duarte obtain these documents illegally?

Has Isabel Duarte breached legal protocol by passing unofficial documentation onto the press?

and most importantly, could this jeopardise the entire verdict?

Goncalo Has Lost the Libel trial  - Page 8 Isabel%2Bduarte
Centre of a judicial storm, Isabel Duarte (above) 


One thing is for sure it opens the door for an official complaint from Goncalo Amaral's legal team, who yesterday couldn't publicly comment to the many calls from the media, as they didn't have any information with which to do so. 

Wowsers!
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Post by Bishop Brennan on 29.04.15 11:28

@sallypelt wrote:
@snook wrote:Yes Sally I understand that. Justice it seems, is only available to the wealthy and we'll connected.
SNOOK, from what I understand of "winning cases", we may be in for a big surprise. They may end up paying in costs, far more than they have won in "damages". I have seen it ALL before.

That may be true, but let's not forget that the McCanns will receive the £430k windfall. They also have a well-stocked £1m+ fund. Will there be much left of the £430k after tax and legal bills? Maybe not a great deal, but in some sense their claim that "it was never about the money" is true. What they wanted was the PR coup of a win - which they got beyond their wildest dreams. Public perception was the end-game of the exercise and in that they have been completely successful - just look at the collected headlines across the Internet and Newspaper shelves.

The same cannot be said for Amaral who will have to pay the £430k plus his share of what could be substantial legal costs. He is ruined.


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Post by Jamming on 29.04.15 11:46

@Bishop Brennan wrote:
@sallypelt wrote:
@snook wrote:Yes Sally I understand that. Justice it seems, is only available to the wealthy and we'll connected.
SNOOK, from what I understand of "winning cases", we may be in for a big surprise. They may end up paying in costs, far more than they have won in "damages". I have seen it ALL before.

That may be true, but let's not forget that the McCanns will receive the £430k windfall. They also have a well-stocked £1m+ fund. Will there be much left of the £430k after tax and legal bills? Maybe not a great deal, but in some sense their claim that "it was never about the money" is true.  What they wanted was the PR coup of a win - which they got beyond their wildest dreams. Public perception was the end-game of the exercise and in that they have been completely successful - just look at the collected headlines across the Internet and Newspaper shelves.  

The same cannot be said for Amaral who will have to pay the £430k plus his share of what could be substantial legal costs.  He is ruined.  



Surely that is what they wanted above their much loved money and PR coup isn't it ?
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Post by Doug D on 29.04.15 11:50

Based on the link http://www.eliphashardi.eu/
 
 
Bit of a google translate marathon, (and some translations don’t come out right) but I think:
 
Mc’s were entitled to act on behalf of Madeline & GA’s objection to this dismissed.
However:
 
‘None of the other authors (MM, SM, AM) suffered, in our opinion, any direct damage to such facts.’
 
so at the end of the day it became irrelevant in any case.
 
 
There is a lot of Freedom of Expression stuff, but the ruling against Amaral does appear to be based on his privileged position:
 
‘In the concrete situation, despite the personal reasons that the defendant invokes the introductory note of the book, was the freedom of expression that should give by imperative that reservation.
That's not what happened and the truth is that on July 24, 2008, scant three days after the release of the order for termination of the investigation for lack of proof, give up the launch of the book, its sale with the issue of newspaper and the publication of the interview.
The temporal continuity and displays the intention to call for contradictory, in the public square, closing the investigation, comparing it with the thesis of the previous line of research, told as true by a former responsible for the same research.
In this form of resolving the conflict between the rights proves the illegality of the conduct of the defendant Goncalo Amaral for the purposes of Article 484 of Commission Civil Code.’
 
The ‘damages’ are iirc what GM & KM asked for, and correspond roughly to Amaral’s income from the book etc, with an 80k odd top-up.
 
‘It has been shown that as a result of the same Kate and Gerald McCann authors suffered personal injury that deserve the protection of law (paragraphs 81, 82 and 83).
The same offense allowed the defendant earn the amount of about Euro 382,000.00 of income (paragraphs 33 and 62, and noted that the latter relates to the proceeds with the sale of the DVD so that it takes little strict, but or so it stops being materially true, because if the DVD was only sold at the end of April 2009, the process for their marketing began on March 7, 2008 with the contract concluded with the defendant VC Films, and this defendant the payment of Euros 40,000.00 documented on pages. 2095).
In light of these vectors, it is deemed appropriate and proportionate compensation petitioned by those authors, which is Euro 250,000.00 (two hundred and fifty thousand euros) for each, to be added under paragraph 3 of article 805º code Civil, default interest at the statutory rate of civil interest, from the date of Gonçalo Amaral defendant's quote for action (January 5, 2010 -. fl ​​151) until full payment.
The authors also call for compensation to be paid later for the costs it may incur with legal actions necessary to shake the offense committed (paragraph 4 of petitionary).’
 
Not sure about this, but it looks as though 58.3% of costs are down to the Mc’s & 41.7% to Amaral:
 
‘X. condemn the authors KATE HEALY MARIE McCann, GERALD PATRICK McCann, MADEILENE BETH McCann, Sean Michael McCann and McCann AMELIE EVE and the defendant GONÇALO AMARAL the expense of the main action in the proportion of 58.30% for the former and 41.70% for the second, in accordance with paragraph 1 of article 527 of the Civil Procedure Code.’
 
No mention of the deferred costs from the previous cases, which were awarded against the Mc’s that I can see, so presumably this ruling still stands and these costs are now due.
 
No financial amount given for costs, but I imagine these costs are likely to be sufficient to bankrupt both sides.

eta.
Aiyoyo:
The costs will  be in the 100K region I'd think.


I suspect you can probably add another '0' to that.
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Post by Bishop Brennan on 29.04.15 11:56

@Jamming wrote:
@Bishop Brennan wrote:
The same cannot be said for Amaral who will have to pay the £430k plus his share of what could be substantial legal costs.  He is ruined.  



Surely that is what they wanted above their much loved money and PR coup isn't it ?

Fair point.  Yes - in many ways this may be their biggest delight.
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Post by plebgate on 29.04.15 11:59

@Joss wrote:
@aiyoyo wrote:

http://laidbareblog.blogspot.co.uk/2015/04/the-plot-thickens.html









The plot thickens......






Yesterday, 28th April 2015, the media reported that the McCanns had been awarded varying figures from the damages trial they instigated against Goncalo Amaral. We were very sceptical as to whether the news was genuine, or whether it was simply more dirty tricks from team McCann, the like of which we saw on January 21st 2015, when someone, rumoured to be Isabel Duarte, the McCann's lawyer, told the Lusa News Agency that the McCann's had won the trial against Goncalo.

For those of you who don't know what the Lusa News Agency is, it is basically a 51% state owned organization, that gathers reports and articles, press and news companies can then access this information, and use it to publish news through their outlets. As Sky News and various others did yesterday.

What took us all by surprise as events unfolded, was that the press were getting these stories before Goncalo's legal team were. This just didn't make sense at all The verdict was always supposed to be sent to both parties in writing.

So why didn't Goncalo's team have the documentation?

The answer to that is quite astonishing.

Isabel Duarte got her hands on the document before it passed through Citius, the judicial network, she then passed it on to several journalists.

The documentation that she was passing round yesterday, bore no official authentication. It couldn't possibly have done, as it hadn't passed through the full legal process.

http://www.eliphashardi.eu/

We will update this blog for you to judge for yourselves, just as soon as we have more information.

Some big questions remain though.

How was confidential information leaked to Isabel Duarte?

Did Isabel Duarte obtain these documents illegally?

Has Isabel Duarte breached legal protocol by passing unofficial documentation onto the press?

and most importantly, could this jeopardise the entire verdict?


Goncalo Has Lost the Libel trial  - Page 8 Isabel%2Bduarte
Centre of a judicial storm, Isabel Duarte (above) 


One thing is for sure it opens the door for an official complaint from Goncalo Amaral's legal team, who yesterday couldn't publicly comment to the many calls from the media, as they didn't have any information with which to do so. 

Wowsers!
Wowsers indeed.  

Thanks also to Sallypelt for her posts.  Feeling a bit more hopeful after reading them and the above.

Sending best wishes to GA and hope that he does have the fight in him to keep going.

As Tony posted, it is not over til the fat lady sings.   clapping
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Post by jeanmonroe on 29.04.15 12:01

Judgement

X. Condemn the perpetrators KATE HEALY MARIE McCann, GERALD PATRICK McCann, MADEILENE BETH McCann, Sean Michael McCann and McCann AMELIE EVE and the defendant GONÇALO AMARAL the expense of the main action in the proportion of 58.30% for the former and 41.70% for second, in accordance with paragraph 1 of article 527 of the Civil Procedure Code.
----------------------------------------

UK Madia not 'screaming' about THAT, are they?

Love the 'perpetrators' bit!

Is there any way of finding out what the libel case 'expense/costs' actually were?

And will the McCann 'costs' be 'deducted', by the court, directly, from their 'award' BEFORE they receive 'anything'

They 'dodged' the 'costs' of their last TWO 'losing' appeals, to get GA's book 'banned' didn't they?

As i understand it, GA's book is NOT 'banned' by this 'ruling', it just cannot be continued to be 'published' in the future.

Thus, i believe, the McCann's (AND their children) WILL have to 'pay' their LOSING 'costs' from their TWO losing book 'ban' appeals'.

Can the Appeal court, (book 'ban') where the McCanns AND their children, LOST 2 'appeals' deduct their losing 'costs' directly from the McCann's libel 'award'?

I repeat, GA's book is NOT 'banned', and the McCann's, AND their children, still have 'costs' awarded AGAINST them from their LOSING 'appeals' to get it banned.

Oh, the irony, IF the costs in their losing, book 'ban', appeal cases and the libel case 'costs' against McCann's, and their children, amounted to, say, £358,000!

Come on, UK Madia, lets see you PRINT about the libel case and book 'ban' costs awarded AGAINST the McCann's for which they are 'liable'!
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Post by Tony Bennett on 29.04.15 12:03

@aiyoyo wrote:
I'm more interested to know how ID got her hands on the document even before  it was officially stamped for release (assuming the document she released is authentic) ?
It may be similar to what happens in High Court civil actions here - and as happened in my case in 2013.

Court rules say that the Judge must send a DRAFT of the final decision to both parties, really to check for technical errors, like dates and spellings of names. You can possibly challenge other things if you can demonstrate e.g. that he has got a fact wrong in some way. 

You have something like 7 working days to challenge anything in writing. Only when the judge has considered all of these minor proposed amendments by either party can he proceed to read out or publish his decision.

At the same time, by the way, the parties are reminded in very stern terms not to disclose the draft decision to ANYONE ELSE.

Could this be what's happened here? - Isabel Duaretee has communicetaed the draft decision to someone, when she shouldn't have?

____________________

Dr Martin Roberts: "The evidence is that these are the pjyamas Madeleine wore on holiday in Praia da Luz. They were photographed and the photo handed to a press agency, who released it on 8 May, as the search for Madeleine continued. The McCanns held up these same pyjamas at two press conferences on 5 & 7June 2007. How could Madeleine have been abducted?"

Amelie McCann (aged 2): "Maddie's jammies!".  

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Post by plebgate on 29.04.15 12:12

Thank you Tony.   That is a possible explanation.  

It appears as though Clarrie did not make a comment on the costs when he announced how delighted they were, I wonder whether any journalists will be asking them about that?
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Post by aiyoyo on 29.04.15 12:13

@Tony Bennett wrote:
@aiyoyo wrote:
I'm more interested to know how ID got her hands on the document even before  it was officially stamped for release (assuming the document she released is authentic) ?
It may be similar to what happens in High Court civil actions here - and as happened in my case in 2013.

Court rules say that the Judge must send a DRAFT of the final decision to both parties, really to check for technical errors, like dates and spellings of names. You can possibly challenge other things if you can demonstrate e.g. that he has got a fact wrong in some way. 

You have something like 7 working days to challenge anything in writing. Only when the judge has considered all of these minor proposed amendments by either party can he proceed to read out or publish his decision.

At the same time, by the way, the parties are reminded in very stern terms not to disclose the draft decision to ANYONE ELSE.

Could this be what's happened here? - Isabel Duaretee has communicetaed the draft decision to someone, when she shouldn't have?


No idea if Portuguese Court functions the same way as UK. 
But my educated guess is: it is NOT. 
Otherwise wouldn't team Amaral have been given one, and would know how ID got hers?
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Post by sallypelt on 29.04.15 12:16

@aiyoyo wrote:
@Tony Bennett wrote:
@aiyoyo wrote:
I'm more interested to know how ID got her hands on the document even before  it was officially stamped for release (assuming the document she released is authentic) ?
It may be similar to what happens in High Court civil actions here - and as happened in my case in 2013.

Court rules say that the Judge must send a DRAFT of the final decision to both parties, really to check for technical errors, like dates and spellings of names. You can possibly challenge other things if you can demonstrate e.g. that he has got a fact wrong in some way. 

You have something like 7 working days to challenge anything in writing. Only when the judge has considered all of these minor proposed amendments by either party can he proceed to read out or publish his decision.

At the same time, by the way, the parties are reminded in very stern terms not to disclose the draft decision to ANYONE ELSE.

Could this be what's happened here? - Isabel Duaretee has communicetaed the draft decision to someone, when she shouldn't have?


No idea if Portuguese Court functions the same way as UK. 
But my educated guess is: it is NOT. 
Otherwise wouldn't team Amaral have been given one, and would know how ID got hers?
Maybe the decision was embargoed, but ID couldn't control herself. Who knows? Dr Amaral's side is keeping quiet, but they obviously know by now. Interesting times ahead, I feel.
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Post by Jamming on 29.04.15 12:17

@Tony Bennett wrote:
@aiyoyo wrote:
I'm more interested to know how ID got her hands on the document even before  it was officially stamped for release (assuming the document she released is authentic) ?
It may be similar to what happens in High Court civil actions here - and as happened in my case in 2013.

Court rules say that the Judge must send a DRAFT of the final decision to both parties, really to check for technical errors, like dates and spellings of names. You can possibly challenge other things if you can demonstrate e.g. that he has got a fact wrong in some way. 

You have something like 7 working days to challenge anything in writing. Only when the judge has considered all of these minor proposed amendments by either party can he proceed to read out or publish his decision.

At the same time, by the way, the parties are reminded in very stern terms not to disclose the draft decision to ANYONE ELSE.

Could this be what's happened here? - Isabel Duaretee has communicetaed the draft decision to someone, when she shouldn't have?

Be great if any technical errors were to include some accidental zeroes on the money awarded... just wishful thinking
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Post by Verdi on 29.04.15 12:20

@aiyoyo wrote:That truly shows up ID for what she is.  
If that is not proof enough for the Judge how dodgy ID is, I don't know what will.
Somebody should take a look at her bank account/s to see if there are any recent very large deposits.  Why else put your career and reputation on the line?

Time will tell - or will it?

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Goncalo Has Lost the Libel trial  - Page 8 Empty Re: Goncalo Has Lost the Libel trial

Post by aiyoyo on 29.04.15 12:20

Jim Gamble@JimGamble_INEQE [/color][/u][size=13]33m33 minutes ago 
@magsmags @BBCWorld lol. The shame is all his. Unprofessional & IMO inexcusable behaviour that damaged the search for a missing child.

Hmm...JG is very professional hey?
Using twitter to defend a set of parents who admitted to children neglect on national tv.

Did he not think his behavior is inexcusable and BIASED when he should be neutral given his position? His conduct is definitely questionable.

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Goncalo Has Lost the Libel trial  - Page 8 Empty Re: Goncalo Has Lost the Libel trial

Post by sallypelt on 29.04.15 12:22

@aiyoyo wrote:Jim Gamble@JimGamble_INEQE [/color][/u][size=13]33m33 minutes ago 
@magsmags @BBCWorld lol. The shame is all his. Unprofessional & IMO inexcusable behaviour that damaged the search for a missing child.

Hmm...JG is very professional hey?  
Using twitter to defend a set of parents who admitted to children neglect on national tv.

Did he not think his behavior is inexcusable and BIASED when he should be neutral given his position?  His conduct is definitely questionable.

His professionalism is breathtaking
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