McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  Andrew on Tue 31 Jan 2017, 3:27 pm

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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  Benevolent on Tue 31 Jan 2017, 3:28 pm

Wow in floods of absolute happy tears !!! Amazing Very Happy Very Happy
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  Andrew on Tue 31 Jan 2017, 3:32 pm

Here we go.....

https://www.thesun.co.uk/news/2750157/maddie-mccanns-parents-lose-court-appeal-to-silence-cop-who-claims-they-covered-up-daughters-death/

MADELEINE McCann’s parents have lost their new court appeal to silence the Portuguese ex cop who claims they covered up their daughter’s death, local media reports.

Portuguese Supreme Court judges met this morning in Lisbon to resolve the couple’s fight against a lower court’s decision last April to reverse their 2015 libel win against Goncalo Amaral.

The hearing took place in private and an official decision is not set to be sent to lawyers acting for the litigants until later in the week.


Last edited by Andrew on Tue 31 Jan 2017, 3:33 pm; edited 1 time in total
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  chrissie on Tue 31 Jan 2017, 3:33 pm

Woo hoo!! So pleased for him cheers
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  candyfloss on Tue 31 Jan 2017, 3:39 pm

OMG, this is amazing, unbelievable, fantastic news!!!   Well done Goncalo Amaral....  Thought I would never be able to use all these.





  


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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  bluebell on Tue 31 Jan 2017, 3:39 pm



WOOHOO   &  WOOHOO.  !!!!!     cheers cheers cheers

I was never convinced their appeal had been accepted for consideration - absolutely the right outcome.      Very Happy

think I'll have a glass of wine to celebrate with Goncalo !!

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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  AndyB on Tue 31 Jan 2017, 3:41 pm

Its starting to appear in the (Portuguese) press
http://www.cmjornal.pt/portugal/detalhe/mccann-perdem-recurso-no-supremo-contra-goncalo-amaral?utm_medium=Social

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 had 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. 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: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  Andrew on Tue 31 Jan 2017, 3:45 pm

The Sun article has been updated since I posted it up earlier...

MADDIE COURT BID QUASHED Maddie McCann’s parents lose court appeal to silence cop who claims they covered up daughter’s death
Goncalo Amaral had worked on the investigation to find Maddie after she disappeared in May 2007
BY GERARD COUZENS  31st January 2017, 3:30 pm

MADELEINE McCann’s parents have lost their new court appeal to silence the ex-cop who claims they covered up their daughter’s death, Portuguese media reports.

Portuguese Supreme Court judges met to resolve the couple’s fight against a lower court’s decision last April to reverse their 2015 libel win against Goncalo Amaral.

The decision is a major milestone in Gerry and Kate McCann’s eight-year fight over a book written by Amaral, who led the initial hunt when then-three-year-old Madeleine vanished from their Algarve holiday apartment in May 2007.

Amaral was ordered to pay Kate and Gerry £430,000 plus interest in damages after losing round one of their libel battle in April 2015 over his hurtful book ‘The Truth of the Lie.’

Appeal judges reversed the initial ruling by a court in Lisbon in April last year, siding with the former police chief and overturning a ban on his book.

The decision sparked a fresh appeal by the McCanns to the country’s highest law court.

The couple could now face a huge legal bill, which had been frozen until the outcome of the final appeal.

The McCanns’ Portuguese lawyer Isabel Duarte lodged the couple’s new appeal last May after vowing to fight the U-turn by judges over Amaral’s book.

Criticising the ruling in favour of the ex-police chief, which a friend of the McCanns said had left them “seething,” she said: “This decision was an appreciation of the law and not the facts.



The judge who ruled in the McCanns’ favour in April 2015 said Amaral’s constitutional rights to freedom of speech and expression were conditioned by the fact he had been in charge of the investigation into Madeleine’s disappearance until shortly before the publication of his book.

She concluded he played on his status as a long-serving police officer to present personal opinions and claims about the high-profile case as fact.

The appeal judges said Amaral’s right to express his opinions overruled any duty of confidentiality he had as an ex-police chief heading the Madeleine McCann investigation once the case files, made available on the Internet by Portuguese authorities, were put into the public domain.

Amaral is understood to have earned EUROS 400,000 (POUNDS 344,000) from his book before it was banned and a subsequent TV documentary.

He claimed in the book Madeleine had died in their holiday flat and they had faked her abduction to cover up the tragedy.

The book was released just three days after Gerry and Kate were told their status as arguidos or formal suspects had been lifted on July 21 2008.

The McCanns told the Lisbon court staging the Amaral libel trial in the summer of 2014 they were left “devastated and crushed” by his allegations.


Last edited by Andrew on Tue 31 Jan 2017, 3:52 pm; edited 1 time in total (Reason for editing : add the rest)
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  espeland on Tue 31 Jan 2017, 3:46 pm


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


Projecto Justiça Gonçalo Amaral
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 Email ThisBlogThis!Share to TwitterShare to FacebookShare to Pinterest
Labels: Amaral, Civil Trial, Freedom of Expression, Gonçalo Amaral, Justice
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  bluebell on Tue 31 Jan 2017, 3:48 pm

Bit more from the Sun article above - Yeah - too right !!

The appeal judges said Amaral’s right to express his opinions overruled any duty of confidentiality he had as an ex-police chief heading the Madeleine McCann investigation once the case files, made available on the Internet by Portuguese authorities, were put into the public domain.

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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  Admin on Tue 31 Jan 2017, 3:51 pm

I bet they are seething!

Criticising the ruling in favour of the ex-police chief, which a friend of the McCanns said had left them “seething,” she said

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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  Admin on Tue 31 Jan 2017, 3:52 pm

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


Projecto Justiça Gonçalo Amaral
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 Email ThisBlogThis!Share to TwitterShare to FacebookShare to Pinterest
Labels: Amaral, Civil Trial, Freedom of Expression, Gonçalo Amaral, Justice

Thanks so much espeland.  It brings a rear to your eye.  Justice has prevailed

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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  Andrew on Tue 31 Jan 2017, 3:54 pm

bluebell wrote:Bit more from the Sun article above -     Yeah - too right !!

The appeal judges said Amaral’s right to express his opinions overruled any duty of confidentiality he had as an ex-police chief heading the Madeleine McCann investigation once the case files, made available on the Internet by Portuguese authorities, were put into the public domain.

I missed the bottom half off but edited the post above to include it all cheers

I might finish for the day and celebrate with a nice pint. Very Happy
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  Poe on Tue 31 Jan 2017, 3:57 pm



Wonderful news!




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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  Inca on Tue 31 Jan 2017, 4:00 pm

Oh happiness, what a great day for justice, for Madeleine and Mr Amaral:cheers: bounce  Excellent news , I might just join you Andrew.


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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  Benevolent on Tue 31 Jan 2017, 4:00 pm

Has Twitter crashed yet lol #McCann losers Very Happy
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  bluebell on Tue 31 Jan 2017, 4:10 pm

AndyB wrote:It doesn't tell us anything we didn't already know but this is from http://www.gerrymccannsblogs.co.uk/AnneGuedes.htm

Anne Guedes wrote:The session has been scheduled a few hours ago. The judges A. Reis and Pedro L Gonçalves will examine the request of review as reported by the magistrate raporteur, Roque Nogueira. 10 requests of review will be analysed from 10am on. The MCvsGA is the 4th.  results could be published on the following day, i.e Wednesday.


Re reading this, it surely didn't take them long to decide the outcome did it??    (I have restrained using stronger expressions for the sake of the forum     Rolling Eyes )   But.....  what a load of b......s  if the McC's expected a favourable response to their desperate appeal when it was obviously dismissed so quickly.        

cheers cheers cheers


Last edited by bluebell on Tue 31 Jan 2017, 4:13 pm; edited 1 time in total

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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  Andrew on Tue 31 Jan 2017, 4:11 pm

BREAKING NEWS: Madeleine McCann's parents 'lose their appeal against failed libel claim over Portuguese detective's book claiming they covered up their daughter's death'






By Gerard Couzens for MailOnline
PUBLISHED: 16:02, 31 January 2017 | UPDATED: 16:04, 31 January 2017
 
The parents of Madeleine McCann have reportedly lost their appeal to Portugal's highest court over ex-police chief Goncalo Amaral's hurtful book claiming they covered up their daughter's death.

Portuguese Supreme Court judges met this morning in Lisbon to resolve the couple's fight against a lower court's decision last April to reverse their 2015 libel win against the former detective.

The hearing took place in private and an official public decision is not set to be sent to lawyers acting for the litigants until later in the week.

The parents of Madeleine McCanns have reportedly lost their appeal to Portugal's highest court over ex police chief Goncalo Amaral's hurtful book claiming they covered up their daughter's death

But a source close to the long-running case said this afternoon the decision had gone against the McCanns and they would now face a massive legal bill.

And Portuguese newspapers also reported the country's Supreme Court had ruled against their new bid to try to silence Amaral's claims.

The decision would be a major milestone in Gerry and Kate McCann's eight-year fight over a book written by Amaral, who led the initial hunt when then-three-year-old Madeleine vanished from their Algarve holiday apartment in May 2007.

The McCanns will now have to pay him 500,000 euros (£430,00) plus interest if they have lost the case as Portuguese papers are reporting.

The money is expected to come from the Find Madeleine Fund.

Kate and Gerry axed PR expert Clarence Mitchell after nine years last year as they faced uncertainty over the future of the £12 million British police investigation - codenamed Operation Grange - into the disappearance of their daughter.

Amaral was ordered to pay Kate and Gerry 500,000 euros plus interest in damages after losing round one of their libel battle in April 2015 over his hurtful book 'The Truth of the Lie.'

Appeal judges reversed the initial ruling by a court in Lisbon in April last year, siding with the former police chief and overturning a ban on his book.

The decision sparked a fresh appeal by the McCanns to the country's highest law court, which was lodged last May but heard today.

The McCanns' Portuguese lawyer Isabel Duarte was 'out of her office' and not immediately available to comment.

Speaking ahead of today's hearing, a source close to the case said: 'The Supreme Court judges can either confirm the first court's decision that ruled in the McCanns' favour or the Lisbon appeal court judgement that went in Goncalo Amaral's favour.

'The ruling itself will take at least four or five days to come out officially but it's possible there'll be some unofficial guidance by the end of the day on what the ruling is.'

'My feeling is that Amaral cannot make another appeal if this goes against him as there is only the European courts and that's too expensive and if it's a decision based on the law and not the facts it's difficult to go to the European court.

'The same would probably be true if the McCanns lost the case.'

Criticising the ruling in favour of the ex-police chief last year, which a friend of the McCanns said had left them 'seething,' Isabel Duarte said: 'This decision was an appreciation of the law and not the facts.

'We can appeal to the Supreme Court which we will do as we have instructions from our clients.'

The judge who ruled in the McCanns' favour in April 2015 said Amaral's constitutional rights to freedom of speech and expression were conditioned by the fact he had been in charge of the investigation into Madeleine's disappearance until shortly before the publication of his book.

She concluded he played on his status as a long-serving police officer to present personal opinions and claims about the high-profile case as fact.

The appeal judges said Amaral's right to express his opinions overruled any duty of confidentiality he had as an ex-police chief heading the Madeleine McCann investigation once the case files, made available on the Internet by Portuguese authorities, were put into the public domain.

Amaral is understood to have earned 400,000 euros (£344,000) from his book before it was banned and a subsequent TV documentary.

He claimed in the book Madeleine had died in their holiday flat and they had faked her abduction to cover up the tragedy.

The book was released just three days after Gerry and Kate were told their status as arguidos or formal suspects had been lifted on July 21 2008.

The McCanns told the Lisbon court staging the Amaral libel trial in the summer of 2014 they were left 'devastated and crushed' by his allegations.

Mrs McCann, 48, from Rothley, Leics, said Madeleine's twin siblings Sean and Amelie, now 12, knew about Amaral's allegations.

She told the court in July 2014 after applying to make a statement: 'I believe that's what's in Mr Amaral's book and the documentary is very distressing to adults. To a child it could be very damaging.'

Asked by the judge how she felt after reading the book, she said: 'I was devastated. It made me feel quite desperate because of the injustice I felt towards my daughter and our family as a whole.

'It was very painful to read and I felt sad for Madeleine. I also felt anxious and fearful because of the damage I felt it was doing in Portugal.'

She went on to accuse Amaral of 'consistently smearing' her and Gerry and claimed they feared the book may have stopped people coming forward with information about their daughter's whereabouts.

The ex-police chief, removed as head of the investigation into Madeleine's May 3 2007 disappearance after criticising British detectives, has always denied defamation and insisted what he wrote was based on case files which had already been made public.

Amaral's lawyer Miguel Cruz Rodrigues claimed in court the McCanns had taken legal action against his client 'to rid themselves of guilt for their negligent conduct' in leaving Madeleine and her siblings alone while they ate tapas with friends nearby.

He also claimed their lack of cooperation with the Portuguese police authorities had led to the archiving of the investigation in 2008.

Portuguese prosecutors reopened their probe into Madeleine McCann's disappearance in May 2014, and are now working in close coordination with Scotland Yard's scaled-down Operation Grange probe into the youngster's fate.

Last year Kate and Gerry revealed they had told their twins 'everything' about Madeleine's disappearance and said the youngsters still remember her and talk about her often.
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  Admin on Tue 31 Jan 2017, 4:14 pm


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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  AndyB on Tue 31 Jan 2017, 4:16 pm

bluebell wrote:
AndyB wrote:It doesn't tell us anything we didn't already know but this is from http://www.gerrymccannsblogs.co.uk/AnneGuedes.htm

Anne Guedes wrote:The session has been scheduled a few hours ago. The judges A. Reis and Pedro L Gonçalves will examine the request of review as reported by the magistrate raporteur, Roque Nogueira. 10 requests of review will be analysed from 10am on. The MCvsGA is the 4th.  results could be published on the following day, i.e Wednesday.


Re reading this, it surely didn't take them long to decide the outcome did it??    (I have restrained using stronger expressions for the sake of the forum     Rolling Eyes )   But.....  what a load of b......s  if the McC's expected a favourable response to their desperate appeal.
I suspect their position was that they'd had costs awarded against them for the latest claim plus the costs from the three book banning trials on top so what's another 10K to go to the Supreme court, where there was an outside chance that the SC might make it all go away.
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  Andrew on Tue 31 Jan 2017, 4:17 pm

Admin wrote:

That's the old appeal Andrew from April 2016.

It said it was published at 16:04.... I think they got a bit confused with a C&P job.

Here's another from 16:07:

LISBON, Portugal (AP) — Portugal's Supreme Court has ruled that missing British girl Madeleine McCann's parents can't sue for libel a former Portuguese detective who published a book alleging they were involved in their daughter's disappearance.
A court official told The Associated Press on Tuesday that Portugal's highest court ruled the allegations are protected by freedom of expression laws and weren't abusive.
The official spoke on condition of anonymity because the decision hadn't yet been published.
A Lisbon court in 2015 ordered Goncalo Amaral to pay Kate and Gerry McCann 500,000 euros ($540,000) in compensation. The McCanns had sought 1.2 million euros.
An appeals court last year overturned that conviction before reaching Portugal's top court.
Madeleine disappeared from a vacation home in Portugal's Algarve region in May 2007, days before her 4th birthday.


http://www.dailymail.co.uk/wires/ap/article-4176562/Madeleine-McCanns-parents-lose-Supreme-Court-libel-appeal.html
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  AndyB on Tue 31 Jan 2017, 4:17 pm

Admin wrote:

That's the old appeal Andrew from April 2016.
Possibly a rehash of it. the link contains the following:
But a source close to the long-running case said this afternoon the decision had gone against the McCanns and they would now face a massive legal bill.

And Portuguese newspapers also reported the country's Supreme Court had ruled against their new bid to try to silence Amaral's claims.


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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  Andrew on Tue 31 Jan 2017, 4:20 pm

The 1st DM article updated again at 16:17:

http://www.dailymail.co.uk/news/article-4176546/Madeleine-McCann-s-parents-lose-appeal.html

Can't keep up with it all. Very Happy

Definitely off for a pint now cheers
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