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McCann's v Amaral Appeal

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Re: McCann's v Amaral Appeal

Post by Juulcy on 07.02.17 19:43

I hadn't checked in for a few weeks, so missed this big news... What a good outcome after such a long long wait. Happy!
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Re: McCann's v Amaral Appeal

Post by Verdi on 10.02.17 23:12

I've said before that the McCanns scuppered their litigation against Goncalo Amaral when they dragged before the Lisbon Courts, their entourage of witnesses to prove their case.  This is Gerry McCann's pièce de résistance that concluded his testimony..

Libel trial McCann v Goncalo Amaral - Day 12 - Gerald McCann's deposition 08 July 2014

There's no more questions and the Judge is about to dismiss the plaintiff when GMC claims that he has something to say.

The judge says that in a civil trial the parties aren't allowed to spontaneous depositions. But she allows him: please do speak!

GMC says that he wants to make a comment about the dogs; he wants to make it clear that it is not a fact that they detected blood...

The judge interrupts him – The issue here isn't not to elucidate what actually happened. The perspective, in this trial, is to determine whether the book and the documentary affected the plaintiffs.

GMC – But the book mentions facts that aren't true.

The judge – The point isn't to establish whether things are true or not, this is not the issue. We want to know whether we are in the juridical remit of offence to persons. For this it's not necessary to know what the truth is. As a judge I'm not supposed to stand in for a criminal investigation.

And so it ended

[Acknowledgement Anne Guedes]

Whimper whimper rotfl




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Re: McCann's v Amaral Appeal

Post by MayMuse on 10.02.17 23:15

I so wish she'd asked him what facts were untrue? 
Erm, erm, erm you know erm..........

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Re: McCann's v Amaral Appeal

Post by Verdi on 10.02.17 23:17

MayMuse wrote:I so wish she'd asked him what facts were untrue? 
Erm, erm, erm you know erm..........
There is no evidence to suggest that the dogs are reliable blah blah blah.....

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Re: McCann's v Amaral Appeal

Post by Verdi on 11.02.17 0:06

Witness Michael Wright:   Libel Trial 20 September 2013



McCann family lawyer, Isabel Duarte, is the first to question the witness.

ID - We are here to analyse the effect on the McCann's family life of the publication of GA's book and the documentary inspired by this book. Can you tell the court what you know about this?

MW After the lifting of the arguido status they (the McCanns) were well, though no authority was searching for Madeleine any more. It was very important that people looked for her in Portugal. According to the book they were somehow involved in the disappearance of Madeleine. Therefore the book hampered the search for her.

ID interrupts MW because she can't hear him (there's a motor outside, perhaps cutting the grass). ID makes known the lines of questioning she intends to pursue but the Judge reminds her that witness statements which are off topic will not be permitted.

ID - asks whether the investigation was hampered because of GA's book and an article in the Correio da Manhã (Portuguese Morning Post newspaper).

MW says it's what he understood.

ID - What happened when the files were released?

MW  The McCanns had to have them translated in order to study them. They had to lead a campaign to motivate the public to search for Madeleine.

ID - Do you know whether there was an end to the investigation?

MW It was public knowledge that the investigation was stopped.

ID - Did this event occur because of the publication of the book?

MW The content of the book was conflicting with what was in the files. He says he would be speculating if he answered the question.

ID - Don't you have knowledge of this direct relationship?

The Judge interrupts and asks whether the book was published before or after the archiving of the files.

MW says it was after.

The Judge – Then how could the book interfere with the investigation?

MW stays silent.

The Judge repeats the question.

MW says it didn't but it interfered with the following investigations made by the private investigators hired by Kate and Gerry.

The Judge overrules ID who wanted to know how the book influenced the McCann investigation.

ID starts asking if because of the.... but the Judge overrules again arguing she reveals the answer in the question. She adds that questions should be asked in an appropriate way.


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Re: McCann's v Amaral Appeal

Post by Verdi on 11.02.17 12:59

Apologies if this is the wrong place - no doubt there is a more appropriate thread to post detail of the Lisbon Supreme Court ruling.  All the new threads are confusing me so please feel free to move this if necessary..

McCann v. Amaral  Supreme Court verdict - 31st January 2017

Page 70
...(cf. Jónatas Machado, Freedom of Expression - Constitutional Dimensions, op. cit. pp. 566-7)

And let not be said, too, that the appellants were cleared by the order of filing the criminal proceedings.

In fact, that dispatch was not proclaimed by virtue of the Public Ministry having gained the conviction that the appellants had not committed any crime (cf. art. 277° of the CPP).

 
The filing, in this case, was decided because it was not possible for Public Ministry to obtain sufficient evidence of the practice of crimes by the appellants (cf. the cited art. 277°-2)

There is, therefore, a remarkable difference, and not merely a semantic one, between the legally admissible grounds of the filing order.

Thus, it does not appear acceptable to consider that the alluded dispatch, based on the insufficiency of evidence, should be treated as evidence of innocence.

We consider, therefore, that the invocation of breach of the principle of presumption of innocence should not be upheld. That principle does not fall under the decision about the question that has to be resolved.

Full English translation thanks to Anne Guede and Pamalam here..

http://www.gerrymccannsblogs.co.uk/Supreme_Court_31_01_2017.htm

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Re: McCann's v Amaral Appeal

Post by MayMuse on 11.02.17 19:19

Reported in 2013 McCanns told not suspects, now is this the truth or media spin ? 
http://www.mirror.co.uk/news/uk-news/madeleine-mccanns-parents-told-no-2592011?service=responsive#ICID=sharebar_twitter

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Re: McCann's v Amaral Appeal

Post by plebgate on 11.02.17 21:24

The Supreme court have made their ruling.  No matter who says what on twitter or in the papers, the judges  have made it clear in their judgement what the position is.

If they are disappointed, furious, whatever and don't like it then try to appeal whether they are tired or not or ask their supporters to SHUT UP.

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