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McCann's v Amaral Appeal

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Re: McCann's v Amaral Appeal

Post by bobbin on 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

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Re: McCann's v Amaral Appeal

Post by Get'emGonçalo on 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.
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Re: McCann's v Amaral Appeal

Post by Get'emGonçalo on 31.01.17 14:01

Just heard from PeterMac that the decision could be today.
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Re: McCann's v Amaral Appeal

Post by Tom Moore on 31.01.17 14:29

Rough equivalent in English Law "determination on McCann application for Leave to Appeal"??
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Re: McCann's v Amaral Appeal

Post by Get'emGonçalo on 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
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Re: McCann's v Amaral Appeal

Post by Get'emGonçalo on 31.01.17 14:47

http://pjga.blogspot.com.es/
"And because from the proved matter results that – apart from it being about facts that have been profusely published in the inquiry and even publicised through an initiative of the Republic’s Prosecutor General’s Office – it was the subjects of the appeal themselves [Kate and Gerry McCann] who, benefiting from an easy access, multiplied themselves in interviews and interventions in national and international media, one must conclude that it was them who, voluntarily, limited their rights to reservation and to the intimacy of private life.

By proceeding in this manner, they opened the way for anyone to equally express an opinion about the case, contradicting their thesis – without losing their right to exercise a legitimate, and constitutionally consecrated, right to an opinion and a freedom of expression of thought.

On the other hand, we cannot see how the right of the subjects of this appeal [Kate and Gerry McCann] to benefit, following their constitution as arguidos, from the guarantees of the penal process – including the right to a fair investigation and the right to freedom and safety – may be offended by the contents of a book which, in its essence, describes and interprets facts that are part of an inquiry whose contents have been published.

Nothing opposes that, although they have not been deemed sufficient to lead to a criminal charge, said facts are subject to diverse appreciation, namely in a work of literary nature.

Therefore, and because it is contained within consecrated rights, namely under numbers 37 and 38 of the Constitution, the publication at stake must be considered lawful."



in other words it was Mitchell, Bell P, Kandohla, and Hanover who together made it impossible for the McCanns to succeed . . . !

And what did the PJ say, right from the start ?    "No Press"
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Re: McCann's v Amaral Appeal

Post by MayMuse on 31.01.17 15:26

So GA has won? is that right?
http://www.stj.pt/ficheiros/tabelas/Decididas/Civeis/1s-2017-01-31.pdf

See above table, fourth one down...

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Re: McCann's v Amaral Appeal

Post by Get'emGonçalo on 31.01.17 15:27

It looks like GA has won!

http://www.cmjornal.pt/portugal/detalhe/mccann-perdem-recurso-no-supremo-contra-goncalo-amaral?ref=Modalidades_BlocoFimPagina

The couple McCann lost the appeal in the Supreme Court against Gonçalo Amaral, former inspector of the Judiciary Police. The information is advanced by SIC Notícias . Gerry and Kate appealed to the Supreme Court against the former PJ inspector. Gonçalo Amaral who wrote a book - "Truth of the Lie" - where he argued that Maddie's parents were the real culprits for his disappearance in 2007 in Praia da Luz, Algarve.

Ler mais em: https://translate.googleusercontent.com/translate_c?act=url&depth=1&hl=en&ie=UTF8&prev=_t&rurl=translate.google.co.uk&sl=auto&sp=nmt4&tl=en&u=http://www.cmjornal.pt/portugal/detalhe/mccann-perdem-recurso-no-supremo-contra-goncalo-amaral%3Fref%3DModalidades_BlocoFimPagina&usg=ALkJrhjxcHPdB30sIGbbO_Iw6p9I84v_2g

The couple McCann lost the appeal in the Supreme Court against Gonçalo Amaral, former inspector of the Judiciary Police. The information is advanced by SIC Notícias . Gerry and Kate appealed to the Supreme Court against the former PJ inspector. Gonçalo Amaral who wrote a book - "Truth of the Lie" - where he argued that Maddie's parents were the real culprits for his disappearance in 2007 in Praia da Luz, Algarve.

Ler mais em: https://translate.googleusercontent.com/translate_c?act=url&depth=1&hl=en&ie=UTF8&prev=_t&rurl=translate.google.co.uk&sl=auto&sp=nmt4&tl=en&u=http://www.cmjornal.pt/portugal/detalhe/mccann-perdem-recurso-no-supremo-contra-goncalo-amaral%3Fref%3DModalidades_BlocoFimPagina&usg=ALkJrhjxcHPdB30sIGbbO_Iw6p9I84v_2g
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Re: McCann's v Amaral Appeal

Post by Doug D on 31.01.17 15:30

31 Jan 2017



Justice has prevailed







From the bottom of our hearts, thank you to all who have made this possible.

(more to follow)

Posted by astro at Tuesday, January 31, 2017 


http://pjga.blogspot.co.uk/2017/01/justice-has-prevailed.html

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Re: McCann's v Amaral Appeal

Post by MayMuse on 31.01.17 15:30

Get'emGonçalo wrote:It looks like GA has won!

http://www.cmjornal.pt/portugal/detalhe/mccann-perdem-recurso-no-supremo-contra-goncalo-amaral?ref=Modalidades_BlocoFimPagina

The couple McCann lost the appeal in the Supreme Court against Gonçalo Amaral, former inspector of the Judiciary Police. The information is advanced by SIC Notícias . Gerry and Kate appealed to the Supreme Court against the former PJ inspector. Gonçalo Amaral who wrote a book - "Truth of the Lie" - where he argued that Maddie's parents were the real culprits for his disappearance in 2007 in Praia da Luz, Algarve.

Ler mais em: https://translate.googleusercontent.com/translate_c?act=url&depth=1&hl=en&ie=UTF8&prev=_t&rurl=translate.google.co.uk&sl=auto&sp=nmt4&tl=en&u=http://www.cmjornal.pt/portugal/detalhe/mccann-perdem-recurso-no-supremo-contra-goncalo-amaral%3Fref%3DModalidades_BlocoFimPagina&usg=ALkJrhjxcHPdB30sIGbbO_Iw6p9I84v_2g

The couple McCann lost the appeal in the Supreme Court against Gonçalo Amaral, former inspector of the Judiciary Police. The information is advanced by SIC Notícias . Gerry and Kate appealed to the Supreme Court against the former PJ inspector. Gonçalo Amaral who wrote a book - "Truth of the Lie" - where he argued that Maddie's parents were the real culprits for his disappearance in 2007 in Praia da Luz, Algarve.

Ler mais em: https://translate.googleusercontent.com/translate_c?act=url&depth=1&hl=en&ie=UTF8&prev=_t&rurl=translate.google.co.uk&sl=auto&sp=nmt4&tl=en&u=http://www.cmjornal.pt/portugal/detalhe/mccann-perdem-recurso-no-supremo-contra-goncalo-amaral%3Fref%3DModalidades_BlocoFimPagina&usg=ALkJrhjxcHPdB30sIGbbO_Iw6p9I84v_2g
This, in bold...that is all I need to know  clapping big grin big grin Mr Mrs m1264 tongue pray2 thumbup roses

Fantastic! So proud of that gentleman, I do so hope he can get his life back on track and publish his next book(s) 

Now what next?

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Re: McCann's v Amaral Appeal

Post by MayMuse on 31.01.17 15:33

The best news, the very best news. 
Go Amaral. 
RIP Brenda Leyland. 


Madeleine still awaits justice, but I believe she will have it. 


Thank you to EVERYONE here, there, and everywhere for keeping on for truth. 
Mrs

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Re: McCann's v Amaral Appeal

Post by jeanmonroe on 31.01.17 15:36

decisao

Negada a Revista

Audiências 1454/09.5TVLSB.L1.S1 Revista
Varas Cíveis de Lisboa ( Extinto ) - 1ª

Vara Civel - Proc. 1454/09.5TVLSB

Roque Nogueira

1º - Alexandre Reis
2º - Pedro Lima Gonçalves

Recorrente: Kate Marie Healy Mccann
Recorrente: Gerald Patrick Mccann
Recorrido: Gonçalo Sousa Amaral

DECISAO ('Decision')

Negada a Revista

('NO' revisit') (to McCann 'appeal')

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Re: McCann's v Amaral Appeal

Post by Verdi on 31.01.17 15:36

smug 

Now let's just await the repercussions  gm

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Re: McCann's v Amaral Appeal

Post by JRP on 31.01.17 15:38

Brilliant News

Looking forward to buying his book from Waterstones  winkwink

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Re: McCann's v Amaral Appeal

Post by Verdi on 31.01.17 15:39

jeanmonroe wrote:decisao

Negada a Revista
Can you interpret - ooops sorry - translate that for me please big grin .

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Re: McCann's v Amaral Appeal

Post by Verdi on 31.01.17 15:41

JRP wrote:Brilliant News

Looking forward to buying his book from Waterstones  winkwink
Perhaps Amazon UK might promote the sale smilie .

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Re: McCann's v Amaral Appeal

Post by Doug D on 31.01.17 15:41

Google translation of CM Jornal report:
 
Maddie's parents lose appeal against Gonçalo Amaral
Former PJ inspector wins in Supreme Court and will no longer pay half a million euros in compensation.
 
The Supreme Court confirmed Tuesday the decision of the Relation to revoke the payment of compensation of 500 thousand euros by the ex-inspector of the PJ Gonçalo Amaral to the parents of Madeleine McCann, who disappeared in 2007 in the Algarve.
 
On April 19, 2016, the Lisbon Court of Appeal revoked Gonçalo Amaral's decision to pay 500,000 euros to the McCann couple, parents of the missing child in the Algarve, for damages caused by the publication of the book entitled "Maddie: The Truth of the Lie ".
 
In the book, the former PJ inspector raised suspicions that the child's parents were involved in the abduction.
 
CONTINUE TO READ  (behind paywall or something)
 
http://www.cmjornal.pt/portugal/detalhe/mccann-perdem-recurso-no-supremo-contra-goncalo-amaral?utm_medium=Social


eta

Little bit more:

According to STJ sources, the decision of the Supreme Court confirms the grounds that led to the decision of the Relation to revoke the payment of the compensation decided by the first civil court.

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Re: McCann's v Amaral Appeal

Post by MayMuse on 31.01.17 15:44

Verdi wrote:
JRP wrote:Brilliant News

Looking forward to buying his book from Waterstones  winkwink
Perhaps Amazon UK might promote the sale smilie .
Perhaps Tracey Kandohla could write her best piece ever? 

SaveSave

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Re: McCann's v Amaral Appeal

Post by garfy on 31.01.17 15:44

The only truth maddie has at the moment ...is the book 

Hopefully now Goncalo .your life will get back on track .....well done ........ clapping clapping clapping clapping clapping clapping
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Re: McCann's v Amaral Appeal

Post by Verdi on 31.01.17 15:46

I look forward to rogue of the day, Tracey Kandhola's, take on this exceptional long awaited piece of news.

waiting

ETA:  Touché MayMuse - you beat me to it!

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Re: McCann's v Amaral Appeal

Post by JRP on 31.01.17 15:47

MayMuse wrote:
Verdi wrote:
JRP wrote:Brilliant News

Looking forward to buying his book from Waterstones  winkwink
Perhaps Amazon UK might promote the sale smilie .
Perhaps Tracey Kandohla could write her best piece ever? 

SaveSave

Or Murdoch could serialize it in one of his rags... The Truth dance

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Re: McCann's v Amaral Appeal

Post by jeanmonroe on 31.01.17 15:51

Verdi wrote:
jeanmonroe wrote:decisao

Negada a Revista
Can you interpret - ooops sorry - translate that for me please big grin .

In 'English'?

"The McCann's are 'fcuked'!"  big grin

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Re: McCann's v Amaral Appeal

Post by Verdi on 31.01.17 15:51

JRP wrote:
MayMuse wrote:
Verdi wrote:
JRP wrote:Brilliant News

Looking forward to buying his book from Waterstones  winkwink
Perhaps Amazon UK might promote the sale smilie .
Perhaps Tracey Kandohla could write her best piece ever? 

SaveSave

Or Murdoch could serialize it in one of his rags... The Truth dance
The News of the Screws

prisoner

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Re: McCann's v Amaral Appeal

Post by JRP on 31.01.17 15:54

What is the opposite of Bouyed?

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Re: McCann's v Amaral Appeal

Post by Verdi on 31.01.17 15:56

jeanmonroe wrote:
Verdi wrote:
jeanmonroe wrote:decisao

Negada a Revista
Can you interpret - ooops sorry - translate that for me please big grin .

In 'English'?

"The McCann's are 'fcuked'!"  big grin

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