13 July - McCanns respond to Goncalo Amaral's appeal against Lisbon Court judgment

by **Tony Bennett** 19.07.15 10:26

Joana Morais has provided some material (below) regarding the appeal launched by Goncalo Amaral against the judgment of the lower Lisbon court.

Basically...

1. Goncalo Amaral appealed (either to the higher Lisbon court or the Portuguese Court of Appeal) some weeks ago
2. On or just before 13 July, the McCanns filed their response to his appeal
3. AFAIK no date has yet been set for the appeal hearing
4. The Portuguese Appeal Court previously decided wholly in Amaral's favour
5. The Portuguese Supreme Court previously decided wholly in Amaral's favour
6. This case has now been running in the incompetent and corrupt Portuguese judicial system for 6 years and 1 month.

Here are the details that Joana has posted:

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

Artigo 639.º - Ónus de alegar e formular conclusões 1 - O recorrente deve apresentar a sua alegação, na qual conclui, de forma sintética, pela indicação dos fundamentos por que pede a alteração ou anulação da decisão.

2 - Versando o recurso sobre matéria de direito, as conclusões devem indicar:
a) As normas jurídicas violadas;
b) O sentido com que, no entender do recorrente, as normas que constituem fundamento jurídico da decisão deviam ter sido interpretadas e aplicadas;
c) Invocando-se erro na determinação da norma aplicável, a norma jurídica que, no entendimento do recorrente, devia ter sido aplicada.

3 - Quando as conclusões sejam deficientes, obscuras, complexas ou nelas se não tenha procedido às especificações a que alude o número anterior, o relator deve convidar o recorrente a completá-las, esclarecê-las ou sintetizá-las, no prazo de cinco dias, sob pena de se não conhecer do recurso, na parte afetada.

4 - O recorrido pode responder ao aditamento ou esclarecimento no prazo de cinco dias.

5 - O disposto nos números anteriores não é aplicável aos recursos interpostos pelo Ministério Público, quando recorra por imposição da lei.

Artigo 643.º - Reclamação contra o indeferimento 1 - Do despacho que não admita o recurso pode o recorrente reclamar para o tribunal que seria competente para dele conhecer no prazo de 10 dias contados da notificação da decisão.

2 - O recorrido pode responder à reclamação apresentada pelo recorrente, em prazo idêntico ao referido no número anterior.

3 - A reclamação, dirigida ao tribunal superior, é apresentada na secretaria do tribunal recorrido, autuada por apenso aos autos principais e é sempre instruída com o requerimento de interposição de recurso e as alegações, a decisão recorrida e o despacho objeto de reclamação.

4 - A reclamação, logo que distribuída, é apresentada ao relator, que, em 10 dias, profere decisão que admita o recurso ou o mande subir ou mantenha o despacho reclamado, a qual é suscetível de impugnação, nos termos previstos no n.º 3 do artigo 652.º.

5 - Se o relator não se julgar suficientemente elucidado com os documentos referidos no n.º 3, pode requisitar ao tribunal recorrido os esclarecimentos ou as certidões que entenda necessários.

6 - Se a reclamação for deferida, o relator requisita o processo principal ao tribunal recorrido, que o fará subir no prazo de 10 dias.

Article 639 - Burden of claim 1 and draw conclusions - the applicant shall submit his claim, which concluded, in summary form, by indicating the grounds for requesting the amendment or annulment of the decision.

2 - dealing the appeal on points of law, the conclusions should indicate:
a) violated legal rules;
b) The sense in which, according to the applicant, the rules that constitute the legal basis of the decision should have been interpreted and applied;
c) maintaining up error in determining the applicable standard, the rule of law which, according to the applicant, should have been applied.

3 - When the findings are disabled, obscure, complex or them it has not made the specifications referred to in the preceding paragraph, the rapporteur should invite the applicant to complete them, enlighten them or synthesize them within five days under penalty of not to hear the appeal, the affected part.

4 - The defendant can respond to the amendment or clarification within five days.

5 - The preceding paragraphs shall not apply to actions brought by the prosecutor, when recourse to law enforcement.

Article 643 - Complaint against refusal 1 - The order will not admit the appeal the appellant may claim to the court that would have jurisdiction over that question within 10 days of notification of the decision.

2 - The defendant can respond to the complaint lodged by the applicant, within a period similar to that specified in the preceding paragraph.

3 - The complaint, addressed to the High Court, is lodged at the appeal court, sued for appended to the main proceedings and is always accompanied with the filing of an application feature and the claims, the contested decision and order the claim object.

4 - The claim, once distributed, is presented to the rapporteur, who, in 10 days, gives decision to admit the appeal or send up or keep the order claimed, which is likely to challenge, in accordance with paragraph 3 Article 652.º.

5 - If the rapporteur does not consider sufficiently elucidated by the documents referred to in paragraph 3, may request the court resorted clarifications or certificates deems necessary.

6 - If the claim is granted, the rapporteur requests the main proceedings to the appeal court, that will go up within 10 days.

by Guest 19.07.15 10:36

Tony Bennett wrote:Joana Morais has provided some material (below) regarding the appeal launched by Goncalo Amaral against the judgment of the lower Lisbon court.

Basically...

1. Goncalo Amaral appealed (either to the higher Lisbon court or the Portuguese Court of Appeal) some weeks ago
2. On or just before 13 July, the McCanns filed their response to his appeal
3. AFAIK no date has yet been set for the appeal hearing
4. The Portuguese Appeal Court previously decided wholly in Amaral's favour
5. The Portuguese Supreme Court previously decided wholly in Amaral's favour
6. This case has now been running in the incompetent and corrupt Portuguese judicial system for 6 years and 1 month.

Out of interest is it known if or if not McCanns responded in any way when Amaral was at the supreme court?

by Portuguese 19.07.15 11:37

Tony Bennett wrote:
6. This case has now been running in the incompetent and corrupt Portuguese judicial system for 6 years and 1 month.

Based on what have you come to the conclusion that the Portuguese judicial system is either incompetent or corrupt?

by **Tony Bennett** 19.07.15 13:07

Portuguese wrote:
Tony Bennett wrote:
6. This case has now been running in the incompetent and corrupt Portuguese judicial system for 6 years and 1 month.

Based on what have you come to the conclusion that the Portuguese judicial system is either incompetent or corrupt?

CORRUPT?

1. Try this for starters from the group Transparency International

http://www.transparency.org/whatwedo/nisarticle/portugal_2012

Corruption is present in the daily life of Portuguese citizens, who are assailed everyday by the media reporting new scandals of corruption, recurring obstacles in pending investigations, crimes that go unpunished and new anti‐corruption policies that have no effect on these issues.

The continuous public exposure of high profile corruption cases involving figures from the state or private sector, combined with extensive media coverage of how successive governments have dealt with this phenomena, has undermined public confidence.

2. Then move on to this

Corruption in Portugal is ‘dramatic’ http://algarvedailynews.com/news/736-corruption-in-portugal-is-dramatic

Portugal continues to decline in the Corruption Perceptions Index which for 10 consecutive years has made saddening reading as a widening elite continue to fill their pockets at the expense of others. The country came 33rd of 177 countries in the survey, down one point despite its lip service to anti-corruption laws.

The Vice-president of Transparency and Integrity considers the national score "dramatic" indicating the seriousness of the problem in Portuguese politics and in its public administration.

If the current ranking is rated as serious, the trend is disastrous if Portugal wants to be taken seriously within Europe. The slow decline since 2000 when Portugal was 23rd in the index shows successive governments’ inability or unwillingness to instill in its ranks a moral rigor that it expects of its taxpayers.

The leadership can no longer be taken seriously by an electorate with 8 in 10 believe corruption has increased since the last survey.

"In the last decade the country in the world that has depreciated most in terms of transparency has been Portugal," according to the vice-president of the association who noted that that corruption has been booming in Portugal's government citing the examples of Expo ‘98, Euro 2004, the current submarines case, Portuguese Business Bank (BPN) and Banco Privado Portuguese (BPP). The behaviour of cash rich Angola is clearly encouraged and Portugal "continues to be the preferred laundry" of the Angolan elite.

Portugal’s public administration fosters corruption and the clear inability of the Portuguese justice system to resolving cases of corruption and related crimes, either through lack of means or lack of will, were other aspects that showed Portugal is failing even to bother recovering the money that has been stolen from the state itself.

Portugal is criticised for signing all the anti-corruption conventions (UN, OECD and others), but then ignores them, and fails to create specialised structures to combat corruption, or to protect whistleblowers.

Portugal’s parliament shows no willingness at all to adopt a new version of the Illicit Enrichment Law, the first version of which was rejected by the Constitutional Court. The the state sits on such legislation and remains inactive, like a hen sitting on an egg, warm and happy.

Within the European Union, Portugal is in 14th place, lying above such paragons as Poland, Spain, Italy, Greece and most of the eastern bloc members.

The Danes are number one in Europe for cleanliness, as ever, with an inbred abhorrence of corrupt practices which are seen as anti-social, anti-society and therefore anti-Danish.

Portugal takes the opposite viewpoint and encourages self-enrichment through corrupt practices by leaving unpunished those that are guilty, not recovering assets gained through corrupt practices and generally being unwilling to start at the top where corruption starts.

Portugal expects more from its elected leaders. Corruption starts in the ranks of those who govern and, if they remain unpunished, soon permeates through society and becomes the norm. This is what has happened, the system appears now to be rotten through and through.

3. If that's not enough for you, then there is even a Wikipedia page titled: ‘Corruption in Portugal’

https://en.wikipedia.org/wiki/Corruption_in_Portugal

4. And after that you might seek the opinion of our member here xklamation (a.k.a. Joana Morais) who knows more than a thing or two about corruption in her country - and ours

INCOMPETENT?

Six years and one month and counting to decide whether a book is libelous or not?

I rest my case

by **sharonl** 19.07.15 20:19

Where exactly is Jose Socrates, former Prime Minister of Portugal? And why is he there? winkwink

by Guest 20.07.15 8:19

I don't share Tony's opinion about the portuguese judicial system at all.

I'm patiently waiting for justice to be done.
In Lisbon.

by Guest 20.07.15 8:24

Portuguese Justice?

The fix was in when Amaral was removed.

The McCanns should never have been allowed to leave Portugal whilst arguidos.

Imagine Scotland Yard allowing named suspects to leave the UK.

How did that happen?

by **Tony Bennett** 20.07.15 12:27

parapono wrote:I don't share Tony's opinion about the portuguese judicial system at all.

I'm patiently waiting for justice to be done. In Lisbon.

@ parapono But my opinion is shared by one of the organisations that keeps tabs on corruption worldwide, the

Business Anti-Corruption Portal, link here:

http://www.business-anti-corruption.com/country-profiles/europe-central-asia/portugal/judicial-system.aspx

Businessmen need to know, when they are dealing with foreign countries, whether judicial systems are efficient, fair, or corrupt. They take these matters into account.

Below is their summary report on Portugal, headed:

Portuguese Judicial System

The judicial system in Portugal is relatively independent but lacks efficiency. The court system is slow, and the number of years it takes to resolve cases is well above the EU average (ICS 2013, IoEF 2014). The complexity of the judicial system and delays in case-handling are among the most significant obstacles for effective prosecution of corruption in Portugal. Criminal proceedings are often delayed due to inadequate judicial organisation, a lack of judges trained in economic and financial crimes and a lack of specialised courts for corruption crimes (NISA 2012). Most citizens consider the Portuguese judiciary to be highly corrupt, but almost none report paying bribes (GCB 2013).

There is much much more that could be said about the rotten state of the judicial system in Portugal, but for now I rest my case on the above professional opinion.

Oh, and the fact that the Portuguese system still cannot make up its mind about whether Goncalo Amaral’s book should be banned after 6 years and one month.

parapano, IMO you have far far too much faith in the Portuguese judicial system

by Guest 20.07.15 21:33

Tony Bennett wrote:
parapono wrote:I don't share Tony's opinion about the portuguese judicial system at all.

I'm patiently waiting for justice to be done. In Lisbon.
@ parapono But my opinion is shared by one of the organisations that keeps tabs on corruption worldwide, the

Business Anti-Corruption Portal, link here:

http://www.business-anti-corruption.com/country-profiles/europe-central-asia/portugal/judicial-system.aspx

Businessmen need to know, when they are dealing with foreign countries, whether judicial systems are efficient, fair, or corrupt. They take these matters into account.

Below is their summary report on Portugal, headed:

Portuguese Judicial System

The judicial system in Portugal is relatively independent but lacks efficiency. The court system is slow, and the number of years it takes to resolve cases is well above the EU average (ICS 2013, IoEF 2014). The complexity of the judicial system and delays in case-handling are among the most significant obstacles for effective prosecution of corruption in Portugal. Criminal proceedings are often delayed due to inadequate judicial organisation, a lack of judges trained in economic and financial crimes and a lack of specialised courts for corruption crimes (NISA 2012). Most citizens consider the Portuguese judiciary to be highly corrupt, but almost none report paying bribes (GCB 2013).

There is much much more that could be said about the rotten state of the judicial system in Portugal, but for now I rest my case on the above professional opinion.

Oh, and the fact that the Portuguese system still cannot make up its mind about whether Goncalo Amaral’s book should be banned after 6 years and one month.

parapano, IMO you have far far too much faith in the Portuguese judicial system

Tony

There's no such thing as far far too much faith imo.
Either you have faith, or you haven't.
And yes I do have faith in the Portuguese judicial system.

Kindest regards
parapono

by **Tony Bennett** 22.07.15 7:28

parapono wrote:
Tony Bennett wrote:
parapono wrote:I don't share Tony's opinion about the portuguese judicial system at all.

There's no such thing as far far too much faith imo.
Either you have faith, or you haven't.
And yes I do have faith in the Portuguese judicial system.

Kindest regards
parapono

@ parapano

Hi. I admire your faith in the Portuguese judicial system, but would you agree, after looking at this record of how their judicial system has treated Goncalo Amaral so far:

https://jillhavern.forumotion.net/t11525-how-the-portuguese-judicial-system-has-failed-goncalo-amaral?highlight=Portuguese

...that it has treated him appallingly so far?

by Guest 22.07.15 9:49

Hi Tony

Thanks for posting all that up.
I'll read it later and reply.

One more thing, nick is parapono.
Kindest regards
parapono

by Liz Eagles 22.07.15 10:18

parapono wrote:Hi Tony

Thanks for posting all that up.
I'll read it later and reply.

One more thing, nick is parapono.
Kindest regards
parapono

who is 'nick' please?

by Guest 22.07.15 10:54

Tony,

I read your newly made list with poll attached.
Thanks but no thanks.

I'll keep my faith in the Portuguese justicial system.

Corrupt and incompetent, where does that leave the
go-fund-me campaign?
Funding what exactly, victory by corruption?
I don't think people donate to do that.

Kindest regards
parapono

patiently waiting for justice to be done in Lisbon.

by Liz Eagles 22.07.15 11:56

parapono wrote:Tony,

I read your newly made list with poll attached.
Thanks but no thanks.

I'll keep my faith in the Portuguese justicial system.

Corrupt and incompetent, where does that leave the
go-fund-me campaign?
Funding what exactly, victory by corruption?
I don't think people donate to do that.

Kindest regards
parapono

patiently waiting for justice to be done in Lisbon.

who is 'nick'?

by Guest 22.07.15 13:03

parapono wrote:Tony,

I read your newly made list with poll attached.
Thanks but no thanks.

I'll keep my faith in the Portuguese justicial system.

Corrupt and incompetent, where does that leave the
go-fund-me campaign?
Funding what exactly, victory by corruption?
I don't think people donate to do that.

Kindest regards
parapono

patiently waiting for justice to be done in Lisbon.

@ aquila My nickname on this forum and elsewhere
is parapono.
Tony changed it into parapano twice.

I do hope this answers your question.

Kindest regards
parapono

by Liz Eagles 22.07.15 13:13

parapono wrote:
parapono wrote:Tony,

I read your newly made list with poll attached.
Thanks but no thanks.

I'll keep my faith in the Portuguese justicial system.

Corrupt and incompetent, where does that leave the
go-fund-me campaign?
Funding what exactly, victory by corruption?
I don't think people donate to do that.

Kindest regards
parapono

patiently waiting for justice to be done in Lisbon.
@ aquila My nickname on this forum and elsewhere
is parapono.
Tony changed it into parapano twice.

I do hope this answers your question.

Kindest regards
parapono

Now I understand, you are speaking of your user name. I've never heard it called 'nick' so Tony Bennett has spelt your user name incorrectly. If I had a pound for each time someone spelt my real name (never mind my spurious user name) incorrectly I'd be a very rich woman.

Incidentally, I've been asked by people what parapono means. It's Greek and difficult to explain so perhaps you could explain this 'nick'.

by Guest 22.07.15 13:16

@aquila
You are on my ignore list.
Tony knows that.
Kindest regards
parapono

by **Tony Bennett** 22.07.15 16:55

parapono wrote:Tony,

I read your newly made list with poll attached. Thanks but no thanks.

I'll keep my faith in the Portuguese justicial system.

Corrupt and incompetent, where does that leave the go-fund-me campaign? Funding what exactly, victory by corruption?

@ parapono

You have completely misunderstood.

I have set out the case that Goncalo Amaral is the victim of a judicial system which, as I've demonstrated with a number of quotes from independent and experienced sources, is at one and the same time inefficient, incompetent and riddled with corruption - at least to a significant degree.

Where does that leave the Go-Fund-Me campaign?

Exactly where it was yesterday, is today, and will be tomorrow.

Supporting the victim of British government interference, power and corruption and an inefficient and corrupt Portuguese legal system.

by Guest 22.07.15 17:57

Thanks for your reply Tony.
Let's agree to differ, this time.

Amaral said he was not a victim,
the McCanns stated Amaral
wasn't the victim...

Amaral is the defendant in a civil trial
about damages done to the McCanns' reputation
through his book, the dvd, the televised
documentary and his interview in the
CdM (paper).

He appealed after the judgement, as he's
entitled to.

I gladly contributed to the PJGA fund, to enable
him to finance his appeal, his lawyers and court-costs.
As many many other did and are doing.

All in my opinion.

kindest regards
parapono

Patiently waiting for justice to be done in Lisbon

by **Tony Bennett** 22.07.15 19:08

parapono wrote:Amaral said he was not a victim...

Que?

by Richard IV 22.07.15 19:17

"“I have my anger well-guarded. No feelings for revenge. Like I say, they will pay for what they have done to me and my family – but through the courts. Even after everything that has happened, I still have faith in the Portuguese justice system”.
Goncalo Amaral

http://www.mccannfiles.com/id408.html

by Guest 22.07.15 19:38

Tony Bennett wrote:
parapono wrote:Amaral said he was not a victim...
Que?

On video commenting,
Gonçalo Amaral
said that is was not him
that was the victim of this case,
the victim was Madeleine McCann.
I can't produce any link, nor specify.
One of the researchers on here probably can.
I presumed you'd seen that footage as well,
otherwise I wouldn't have referred to it.

kindest regards
parapono

by Guest 22.07.15 19:42

Richard IV wrote:"“I have my anger well-guarded. No feelings for revenge. Like I say, they will pay for what they have done to me and my family – but through the courts. Even after everything that has happened, I still have faith in the Portuguese justice system”.
Goncalo Amaral

http://www.mccannfiles.com/id408.html

Thanks!
Let's keep faith, like Gonçalo Amaral.
parapono
Patiently waiting for justice to be done in Lisbon!

by **Tony Bennett** 22.07.15 20:18

parapono wrote:
Tony Bennett wrote:
parapono wrote:Amaral said he was not a victim...
Que?
On video commenting,
Gonçalo Amaral
said that is was not him
that was the victim of this case,
the victim was Madeleine McCann.
I can't produce any link, nor specify.
One of the researchers on here probably can.
I presumed you'd seen that footage as well,
otherwise I wouldn't have referred to it.

kindest regards
parapono

Thank you for the explanation.

Of course, Madeleine was a victim, whatever really happened to her.

It was brave of Amaral to say he wasn't a victim, but of course all the hundreds who have donated to the two funds for him recognise that he is another victim in all this, one who has already paid a big price.

I don't think after this exchange that there is that much we really disagree on about all this, so...

...Peace

by Guest 22.07.15 21:01

Peace it is.

parapono

patiently waiting for justice to be done in Lisbon.

13 July - McCanns respond to Goncalo Amaral's appeal against Lisbon Court judgment

13 July - McCanns respond to Goncalo Amaral's appeal against Lisbon Court judgment

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

Re: 13 July - McCanns respond to Goncalo Amaral's appeal against Lisbon Court judgment

Re: 13 July - McCanns respond to Goncalo Amaral's appeal against Lisbon Court judgment

Re: 13 July - McCanns respond to Goncalo Amaral's appeal against Lisbon Court judgment

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

Re: 13 July - McCanns respond to Goncalo Amaral's appeal against Lisbon Court judgment

Re: 13 July - McCanns respond to Goncalo Amaral's appeal against Lisbon Court judgment

Re: 13 July - McCanns respond to Goncalo Amaral's appeal against Lisbon Court judgment

Corruption in the Portuguese judical system - who's right?

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

Re: 13 July - McCanns respond to Goncalo Amaral's appeal against Lisbon Court judgment

Re: 13 July - McCanns respond to Goncalo Amaral's appeal against Lisbon Court judgment

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

Re: 13 July - McCanns respond to Goncalo Amaral's appeal against Lisbon Court judgment

Re: 13 July - McCanns respond to Goncalo Amaral's appeal against Lisbon Court judgment

Re: 13 July - McCanns respond to Goncalo Amaral's appeal against Lisbon Court judgment

Re: 13 July - McCanns respond to Goncalo Amaral's appeal against Lisbon Court judgment

Re: 13 July - McCanns respond to Goncalo Amaral's appeal against Lisbon Court judgment

Re: 13 July - McCanns respond to Goncalo Amaral's appeal against Lisbon Court judgment

Re: 13 July - McCanns respond to Goncalo Amaral's appeal against Lisbon Court judgment

Re: 13 July - McCanns respond to Goncalo Amaral's appeal against Lisbon Court judgment

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

Re: 13 July - McCanns respond to Goncalo Amaral's appeal against Lisbon Court judgment

Re: 13 July - McCanns respond to Goncalo Amaral's appeal against Lisbon Court judgment

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

Re: 13 July - McCanns respond to Goncalo Amaral's appeal against Lisbon Court judgment

Re: 13 July - McCanns respond to Goncalo Amaral's appeal against Lisbon Court judgment

Re: 13 July - McCanns respond to Goncalo Amaral's appeal against Lisbon Court judgment

Re: 13 July - McCanns respond to Goncalo Amaral's appeal against Lisbon Court judgment

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

Re: 13 July - McCanns respond to Goncalo Amaral's appeal against Lisbon Court judgment

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