McCann's v Amaral Appeal

by **Jill Havern** 31.01.17 6:37

Anne Guedes has told me that McCann's v Amaral case has been scheduled.

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The Judges have got 10 cases to examine from 10 am and GA's is the fourth one.

Results (review granted or rejected, entirely or in part) possibly on Wednesday.

Força Gonçalo pray2

by MayMuse 31.01.17 6:44

by Tennison 31.01.17 7:39

Fingers crossed Snr Amaral will get the best result so he can heal his damaged life.

by biker_don 31.01.17 7:40

Good luck Goncalo!

by Destiny 31.01.17 7:42

Let's hope justice will finally prevail.

by hogwash 31.01.17 7:43

Thanks for letting us know GEG. I'm praying for justice.

by James Scouler 31.01.17 7:46

About time too! How long has this been going now, 9 years or so?

Will this result be the final one or will there be more appeals etc?

by manon 31.01.17 7:49

Good luck Snr Amaral, may justice prevail at last.

by happychick 31.01.17 7:55

Many thanks to Anne and Jill for bringing us this news.

Good luck Mr Amaral, feeling a bit nervous for you now roses

by Linda Mason 31.01.17 8:01

Good luck Snr Amaral

by MyBrainHurts 31.01.17 8:06

Excellent news! All the best Goncalo!

by Google.Gaspar.Statements 31.01.17 8:12

If the McCann's win this round then I'll never have faith in any justice system ever again.

Everything always seems to go their way.

Good luck Snr Amaral.

by Mike 31.01.17 8:23

Finally! I have every faith that Amaral will get justice.
Then it'll be a case of watch out McCanns because then he'll want justice for Madeleine.

by Malcolm Derridge 31.01.17 8:50

This is what all the fundraising was for!

Let's hope it pays off for him and the Portuguese Justice System brings this circus to an end.

by **Jill Havern** 31.01.17 10:12

Let's hope the floodgates will now open for Gonçalo and he can get his new book published in the UK, get his reputation repaired, sue the UK media and finally get justice for Madeleine Beth McCann.

Good luck Gonçalo...and if you ever need more funds I'm sure many of us will start donating again to help you get past the finishing line and get your life back.

Força Gonçalo and your daughter.

And God bless Sofia roses

by puzzled 31.01.17 11:26

Good luck Goncalo! Go go go!

by littonlad 31.01.17 11:57

Good luck Snr Amaral.

by **Nina** 31.01.17 12:09

Get'emGonçalo wrote:Anne Guedes has told me that McCann's v Amaral case has been scheduled.

[You must be registered and logged in to see this link.]

The Judges have got 10 cases to examine from 10 am and GA's is the fourth one.

Results (review granted or rejected, entirely or in part) possibly on Wednesday.

Força Gonçalo

I am confused, ok I am mostly haha. Does this mean that they are granting his case to be reviewed, so more time or that it will not be reviewed as in rejected in which case he could appeal?

by Tennison 31.01.17 12:16

Hi Nina

I believe the Judges are examining the McCann's appeal.

If they kick it out (again) then that means GA has won.

If they accept the appeal then the fight goes on. ECHR perhaps?

I could be wrong of course.

Anyone?

by Guest 31.01.17 12:17

I'm confused as well - thought I'd wait for further news that might be more illuminating.

by MayMuse 31.01.17 12:22

I thought the appeal was accepted and that they would review, so should this not be their decision?

by **Jill Havern** 31.01.17 12:23

Maybe this is why the McCann's transferred nearly half a million into another account - to pay GA's costs when they lose?

by **sandancer** 31.01.17 12:27

Waiting with anticipation for the right result for Señor Amaral and for Madeleine .

You have many friends here sir who wish you and your family peace and happiness after this long fight , we know you will never give up .

Love and light to all of you . grouphug

by **Nina** 31.01.17 12:31

MayMuse wrote:I thought the appeal was accepted and that they would review, so should this not be their decision?

That was my understanding MayMuse but the wording doesn't support that. Or am I not reading it correctly?

by Tennison 31.01.17 12:38

I thought the appeal was accepted and that they would review, so should this not be their decision?
That was my understanding MayMuse but the wording doesn't support that. Or am I not reading it correctly?

So this could just be a case of "Yes, we accept your application for an Appeal"?

And if it's a "No, we don't accept your application for an Appeal" then the McC's will have to pay GA unless they take their appeal to the ECHR?

by bobbin 31.01.17 12:54

Tennison wrote:
I thought the appeal was accepted and that they would review, so should this not be their decision?
That was my understanding MayMuse but the wording doesn't support that. Or am I not reading it correctly?
So this could just be a case of "Yes, we accept your application for an Appeal"?

And if it's a "No, we don't accept your application for an Appeal" then the McC's will have to pay GA unless they take their appeal to the ECHR?

If we (the UK) are leaving membership of the EU via Brexit, and by the time the McCs will get a hearing date in the European court, will they be eligible to use the EU court.

Just throwing a little cat amongst the pigeons here. big grin

I currently live in France and am confronted almost monthly by what is called a 'vide juridique' which occurs where the French and UK law just do not match up.... a bit like two ends of a bridge being built towards the middle of the river and missing each other by several feet.

Just hoping that you can jump across the gap does not necessarily make expectations acceptable to either judicial system. shark

by **Jill Havern** 31.01.17 13:39

Anne has just told me that it's not a hearing, the STJ judges are just examining the McCann's request for review of the Appeal Court decision. They can totally or partly grant a review or reject it or even defer their decision for further analysis. They basically have to decide whether the interpretation of the law has been appropriate. They are not judging the matter itself.

by **Jill Havern** 31.01.17 14:01

Just heard from PeterMac that the decision could be today.

by Tom Moore 31.01.17 14:29

Rough equivalent in English Law "determination on McCann application for Leave to Appeal"??

by **Jill Havern** 31.01.17 14:44

An explanation from Anne about why these Judges won't want the McCase to go to the ECHR:

If it goes to the ECHR, there's a risk for Portugal to be condemned. Last JAN 17 the ECHR, solicited by the editor of the Publico condemned Portugal. The journalist; having criticised the election of the then head of the Supreme Court of Justice, had been condemned for diffamation ! The ECHR considered that the journalist expressed his opinion on a debatable system of election and that there had been no proportionality contemplated between the restriction of freedom of speech and the right to good name. Portugal had to pay the justice expenses (10 thousand euros and interests), but the ECHR didn't grant the restitution of the 60 thousand euros the journalist had been condemned to pay to the STJ head, because they had been paid by the journal Publico. Being condemned is a bit like getting a bad mark at school !

Thank you Anne thumbsup