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  poster on Wed 15 Mar 2017, 3:16 pm

The McCanns must be feeling pretty desperate, imo. They appear to have no public support apart from some very obvious shrills. And all the Tapas children are at an age where they will be asking questions, not least the twins.

What is the end game I wonder? How will OG wind up this charade?
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  Poe on Wed 15 Mar 2017, 3:30 pm

poster wrote:The McCanns must be feeling pretty desperate, imo. They appear to have no public support apart from some very obvious shrills. And all the Tapas children are at an age where they will be asking questions, not least the twins.

What is the end game I wonder? How will OG wind up this charade?

Love the typo Very Happy

Yes they are shrill and they seem to be getting shriller by the day.

lol!

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

Post  Mo on Sat 18 Mar 2017, 10:58 pm

Copied from Textusa blog:

http://pjga.blogspot.pt/2017/03/arguicao-de-nulidade-do-acordao.html



Anonymous18 Mar 2017, 20:49:00
PJGA

18 Mar 2017
Arguição de Nulidade do Acórdão

Below is a copy of the McCann's request for annulment of the Supreme Court´s decision, filed by the couple´s lawyer on the 16th of February, 2017. We understand that the filing of this appeal has a suspensive effect on the Supreme Court´s ruling.

The request alleges that the Supreme Court´s decision "lacks a foundation (...) in stating that one cannot invoke the principle of presumption of innocence in order to restrict the right to freedom of expression, because it is based on the erroneous presumption that the archiving of the criminal investigation 'was determined because it was not possible for the Public Ministry to obtain enough indications of the practice of crimes by the appellants'".

In case you are struggling with the legalese (we do), here is what we understand to be the reasoning behind the request:

1. The McCanns have invoked the principle of presumption of innocence to justify the restrictions they want imposed on dr. Amaral's freedom of expression;

2. The Supreme Court stated, in its ruling, that the above is no argument because the McCanns were not considered innocent by the investigation and the case was archived because not enough evidence was found to charge them.

3. The McCanns, because they believe the above argument is false, request for the Supreme Court's decision to be nullified.
http://pjga.blogspot.co.uk/

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

Post  candyfloss on Sat 18 Mar 2017, 11:09 pm

Thanks Mo for bringing us that... bit complicated, but I cannot imagine the Supreme Court will change their decision somehow.

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

Post  Mo on Sat 18 Mar 2017, 11:27 pm

I doubt they can change their mind because it was determined in 2008. The McCann lawyers should have taken it up with the Public Ministry at that time.
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  candyfloss on Sun 19 Mar 2017, 12:08 pm

Here's Anne Guedes translation of the McCanns request...


Pamalam-Gerrys Blogs‏ @JustPamalam  · 53m  
 


#McCann ‘s Supreme Court annulment request 16th February, 2017.
Translation by Anne Guedes

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

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TM request for annulment

Post  bluebell on Sun 19 Mar 2017, 4:17 pm

I can't see this has already been posted nor sure where it should go, so popping it here. Please move/delete as appropriate


Projecto Justiça Gonçalo Amaral
Arguição de Nulidade do Acórdão
Posted: 18 Mar 2017 11:51 AM PDT
Below is a copy of the McCann's request for annulment of the Supreme Court´s decision, filed by the couple´s lawyer on the 16th of February, 2017. We understand that the filing of this appeal has a suspensive effect on the Supreme Court´s ruling.

The request alleges that the Supreme Court´s decision "lacks a foundation (...) in stating that one cannot invoke the principle of presumption of innocence in order to restrict the right to freedom of expression, because it is based on the erroneous presumption that the archiving of the criminal investigation 'was determined because it was not possible for the Public Ministry to obtain enough indications of the practice of crimes by the appellants'".

In case you are struggling with the legalese (we do), here is what we understand to be the reasoning behind the request:

1. The McCanns have invoked the principle of presumption of innocence to justify the restrictions they want imposed on dr. Amaral's freedom of expression;

2. The Supreme Court stated, in its ruling, that the above is no argument because the McCanns were not considered innocent by the investigation and the case was archived because not enough evidence was found to charge them.

3. The McCanns, because they believe the above argument is false, request for the Supreme Court's decision to be nullified.

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

Post  froggy on Sun 19 Mar 2017, 4:37 pm

What then happens if the SC decision is nullified ?
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  Châtelaine on Sun 19 Mar 2017, 4:47 pm

I cannot see it nullified. It's the Supreme Court's verdict for crying out loud.

ETA they're between a rock and a hard place, also referred to as between the devil and the deep blue sea. Desperate times and desperate actions IMO.
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  Andrew on Mon 20 Mar 2017, 2:26 pm


Snipped:

that Gonçalo Amaral will have to wait for the decision of the Supreme Court on the request for annulment.

Are we talking days, weeks, months................. years?
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  Andrew on Mon 20 Mar 2017, 3:02 pm

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

Pamalam-Gerrys Blogs‏ @JustPamalam 14m14 minutes ago
More
#McCann Supreme Court annulment request 16th Feb 2017
Notes now added with translations of articles of law
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Re: McCANNS LOSE THEIR APPEAL!! GONCALO WINS 31/01/17 in Supreme Court

Post  Heisenburg on Mon 20 Mar 2017, 5:30 pm

Andrew wrote:

Snipped:

that Gonçalo Amaral will have to wait for the decision of the Supreme Court on the request for annulment.

Are we talking days, weeks, months................. years?

Judging by past appeals early 2018,those of a nervous disposition look away now,it'll mean OG dragging on. Basketball
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