Re: Maddie libel battle to go to Human Rights Court

by MayMuse 25.05.16 20:04

Verdi wrote:
MayMuse wrote:
Verdi wrote:@MayMuse wrote: Do you know Verdi if the McCann's have to pay costs upfront? Or are funds held somewhere? I don't know enough about the legal aspects in court procedures but wondered how it can all go on without any fees being cleared before embarking on the next stage?

I haven't got the foggiest Portuguese law is a total enigma to me. I'm still in a bemused state wondering how the legal proceedings in Lisbon against Dr. Amaral, ever got off the ground in the first place. One thing I'm fairly confident of - coughing up fees will never be a problem for Messrs McCann, inspite of the Fund being so depleted with only a notional floating £750k to play with. They can alwys rely on the centre-back for support - or the goaly if you prefer.
Thanks for the reply, it is an enigma to me also.
It is all going round in circles.
The "plot" has been lost somewhere?
One eye in the kettle and the other in the pot when I replied earlier - might have been a bit misleading. I think I'm right in saying that costs are paid up front by both parties as and when they arise - I presume the same applies in Portugal, why else the need for Goncalo Amarals defence fund. Whatever the outcome of the litigation, the loser pays the winners costs. Whether or not that's negotiable I've no idea.

It's all a big game for the McCanns and their backers - they went all out to ruin Dr. Amaral in a failed attempt to permanently remove him from the scene. Better luck next time!

I'm not going to wish them any luck! Being as they have filed the appeal (which is like poking your finger in a hot fire again just to see if it still burns) and are continuing this "fight" in all public glory I wonder just how much of Madeleines fund has paid for the privilege?
They still have their home, a job(s)... Amaral lost nearly everything except his dignity which is more than I can say for the McCanns!
I am fed up with the circus, the drama; it's like the "McCann show" and nothing, absolutely nothing about achieving justice for Madeleine.
Talking of kettle and pot... can you tell my blood is boiling :emo3:

Oh well... next episode.

IMO

by comperedna 26.05.16 15:39

I have a bad feeling about this. The Human Rights Court has made some bum decisions oin the past... including granting foreign jihadists living in the UK with UK born children (people well into converting miserable teenagers to their hideous cause) 'permission to remain' in the UK because of otherwise 'disrupting family life'... If my sieve-like memory serves me well that is.

by Richard IV 26.05.16 16:01

Have they actually applied to the Human Rights Court - are you meaning the European Court of Human Rights in Strasbourg? I thought they`d just applied to the Supreme Court in Portugal. I could be wrong.

by whatsupdoc 26.05.16 18:42

comperedna wrote:I have a bad feeling about this. The Human Rights Court has made some bum decisions oin the past... including granting foreign jihadists living in the UK with UK born children (people well into converting miserable teenagers to their hideous cause) 'permission to remain' in the UK because of otherwise 'disrupting family life'... If my sieve-like memory serves me well that is.

I remember a case in the last year or so with very similar details. I think the family were living in Bolton, Lancs. I thought the decision was a bad one.

by comperedna 27.05.16 15:02

So far it is the Portuguese Suprememe Court, I think. The ECHR will come later, doubtless.

by whatsupdoc 27.05.16 16:56

comperedna wrote:So far it is the Portuguese Suprememe Court, I think. The ECHR will come later, doubtless.

Yes, it's got Kate's name all over it... me me smilie

I don't think their application will tick any boxes so let's hope it's a non-starter.

by dottyaussie 27.05.16 18:22

Does this mean there is a hold on Snr Amaral selling his book again or can he still sell it ?

by Liz Eagles 27.05.16 19:08

An appeal to the Portuguese Supreme Court was open to Goncalo Amaral had he lost the case.

An appeal to the European Court of Human Rights is also open to Goncalo Amaral if the Supreme Court overturns a verdict.

This case will continue forever and a day.

by MayMuse 27.05.16 21:31

dottyaussie wrote:Does this mean there is a hold on Snr Amaral selling his book again or can he still sell it ?

I don't think it does but could be wrong on that score, I hope not otherwise will have to get my order from the "underground " big grin

by MayMuse 27.05.16 21:34

aquila wrote:An appeal to the Portuguese Supreme Court was open to Goncalo Amaral had he lost the case.

An appeal to the European Court of Human Rights is also open to Goncalo Amaral if the Supreme Court overturns a verdict.

This case will continue forever and a day.

Perish the thought Aquila, perish the thought!
Surely there must come a time when one says "enough already" ?

by dottyaussie 27.05.16 21:55

@MayMuse something like this big grin

Maddie libel battle to go to Human Rights Court - Page 3 Animated-spy-image-0013

by MayMuse 27.05.16 22:01

Yes but maybe more of a "camouflage" jacket tongue

by dottyaussie 28.05.16 0:15

by plebgate 28.05.16 7:01

Does anyone know if the SC decide not to hear their appeal will that affect their ability to go to Human Rights Court?

by Joss 28.05.16 9:03

I think this latest "Appeal to the SC" is all smoke & mirrors BS. The McCann's have already appealed to the SC once before, only to have their appeal rejected by the SC, and GA was quite within his rights to have his book out there for the public to read. As he stated on the 18th. March 2011 it is a "Victory for Democracy".
I really don't know why they are doing this all over again unless it's to stall for time to make it more difficult for GA to have closure on all of their nonsense.

[color:fcd1=000000]The McCanns travel to Lisbon as their lawyer, Isabel Duarte, announces that the couple have appealed to the Supreme Court of Justice over the Appellate Court decision to overtrun the ban on Gonçalo Amaral's book: "Maddie, The Truth of the Lie".

However, on 18 March 2011, the Supreme Court rejects the appeal and authorises the sale of Gonçalo Amaral's book about Madeleine McCann. The former PJ co-ordinator describes it as a "victory for democracy".
[color:fcd1=000000][color:fcd1=000000]http://www.mccannfiles.com/id347.html

by Joss 28.05.16 9:34

plebgate wrote:Does anyone know if the SC decide not to hear their appeal will that affect their ability to go to Human Rights Court?

How can it even go to the HRC when it's a Civil case?

by BarryTheHatchet 28.05.16 10:06

Joss wrote:
plebgate wrote:Does anyone know if the SC decide not to hear their appeal will that affect their ability to go to Human Rights Court?
How can it even go to the HRC when it's a Civil case?

Good point. My understanding is that the ECHR looks at cases where it is the State (or the Queen) against somebody, not individuals v individuals.
This reminds me of the very early days of this case where the delusional McCann supporters made a lot of noise about "calling in the FBI". Because clearly Americans don't have enough crime of their own to worry about. big grin

by Joss 28.05.16 11:12

BarryTheHatchet wrote:
Joss wrote:
plebgate wrote:Does anyone know if the SC decide not to hear their appeal will that affect their ability to go to Human Rights Court?
How can it even go to the HRC when it's a Civil case?
Good point. My understanding is that the ECHR looks at cases where it is the State (or the Queen) against somebody, not individuals v individuals.
This reminds me of the very early days of this case where the delusional McCann supporters made a lot of noise about "calling in the FBI". Because clearly Americans don't have enough crime of their own to worry about.

Exactly. I know in some missing child cases in the States the FBI do get called in. But for a case in Portugal not so much.

by Verdi 28.05.16 12:18

BarryTheHatchet wrote:
Joss wrote:
plebgate wrote:Does anyone know if the SC decide not to hear their appeal will that affect their ability to go to Human Rights Court?
How can it even go to the HRC when it's a Civil case?
Good point. My understanding is that the ECHR looks at cases where it is the State (or the Queen) against somebody, not individuals v individuals.
This reminds me of the very early days of this case where the delusional McCann supporters made a lot of noise about "calling in the FBI". Because clearly Americans don't have enough crime of their own to worry about.

Fundamentally correct - an individual or group of individuals violation of basic human rights lodged against a state, in this case it would be McCann v. Portugal, or possibly McCann v. the universe. Didn't they once say they were thinking of suing Portugal?

Whatever, their application wouldn't even get past the door. What do they intend to whinge about - being suspected of involvement with their own daughters disappearance where all the evidence pointed in their direction? They were illegally detained in Portugal and thus prevented from escaping back to Blighty? Subjected to press intrusion of the their own making? How they failed to fully cooperate with the PJ during their investigation? How they mercilessly allowed Dr. Amaral's reputation be destroyed by the UK press? How they tried to financially and morally ruin Dr. Amaral by subjecting him to years of court proceedings, initiated by the McCanns themselves.

Just try it sunshine - it might turn around and bite back. WOOF!

ETA: A short video briefly explaining the criteria for an application to the ECHR..

https://www.youtube.com/watch?v=mcbDDhs5ZVA&list=TLJOTKYPB5lecNBocYG5HFefUzKqe-X4F6

by **Jill Havern** 28.05.16 13:18

Maddie libel battle to go to Human Rights Court - Page 3 118

Supreme Courts do this sort of thing ! ! !

No facts, just an abstruse point of law

P

by plebgate 28.05.16 13:29

Had to look up abstruse GEC. So that will be a no then?

by **Jill Havern** 28.05.16 13:32

plebgate wrote:Had to look up abstruse GEC. So that will be a no then?

PeterMac sent me that cutting....and I just emailed him and said I had to look up the word abstruse !!

Phew, thank goodness I wasn't the only one high5

I also told him that article made no sense to me whatsoever!

by plebgate 28.05.16 13:48

Get'emGonçalo wrote:
plebgate wrote:Had to look up abstruse GEC. So that will be a no then?

PeterMac sent me that cutting....and I just emailed him and said I had to look up the word abstruse !!

Phew, thank goodness I wasn't the only one

I also told him that article made no sense to me whatsoever!

Same here GEG, I just went on the meaning of the word abstruse. lol.